2003 ORD O-11-03 - Laserfiche WebLink

Browse Search

A. if a verified claim is filed, the forfeiture proceeding shall be set for hearing on a 2 day not less than thirty (30) days therefrom. 3 S. Rhe hearing shall be before the court or jury. 4 C. The provisions of the Code of Civil. Procedure shall apply to proceedings under this Chapter unless otherwise inconsistent with the provisions or procedures set tort n fn this 5 Chapter. However, in proceedings under this Chapter, there shall be no joinder of actions, cocr6nafion of actions, except for forfeiture proceed'ngs, or cross-complaints, and the issues 6 shall be J'omited strictly to the questions related to this Chapter. 7 8.14.130 Aftrnatilve se":Uamen2 proceclures. 8 Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of illegally dumping refuse and whose vehicle 9 has been seized in accordance with this Chapter may request to execute a voluntary settlement agreement with the City for the return 'of the Vehicle. Such request shall be made in writing or ora��y 1-0the Colton - . L Police Department or the City Attorney. The mini num^ amount of the settlement agreement shall be sufficient to cover all Of the City °s reasonable adrnj'n-�straVve costs, incLding attorney's fees and personnel time for the seizure and forfeiture 12 action. The actual amount shall be at the sole and absolute discretion of the City Attorney. The executed settlement agreement st`ial be accompanied by the appropriate settlement fee 13 amount in the form of a money order, cash or cashier's check. AH settlement funds shall be 14 distributed as set forth in Section 8.14u.100, subdivisions "-3" and "C." 8.14.110 32 8 of VehicJ95. 15 in all cases where a Vehicle seized pursuant to this Chapter is forfeited to the City, the Vehicle snail be sold and the proceeds of {the sale shall be distributed and appropriated as 16 follows: 17 A. To the bona fide or innocent purchaser, conditional vendor, -mortgagee or lien 18 holder of the Vehicle, if any, up to the amount of his or her interest in the Vehicle, when the 1 court or,,City Attorney declaring the forfeiture and sale of the Vehicle orders a distribution to 9 that person. 20 B. To the C"ty for all eXpend'otures made or incurred by st in connection with the 2 1 pubVlcatior of the notices set forth rn this Chapter, and sale of the Vehicle, including expenditures for any necessary repairs, storage or transportation of any Vehicle seized under 22 this Chapter. 23 C. The remaining funds shall be placed in the Gpeneral Fund, sub,�ect to 24 appropriate accounting Controls and financial audits for all deposits and expenditures, 25 D. All the funds placed in the Generai Fund pursuant to this Chapter shall no, supplant any furls that would, in the absence of this Chapter, be Made available to support 26 the law enforcement and prosecutorial efforts of the Department. 27 8.114.12D NcnexcCuziiyq 28 This Chapter is hot the exclusive regulation or pena€�ftyfcr the illegal dumping of refuse. It supp,ernents and is in addition to Section 5. 1 6.29C of the Colton Lvunicipad Code, as well as other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction." ON T/JRT/262464 4