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2 <br />3 <br />4 <br />b <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />8.14.040 Process. <br />Vehicles subject to forfeiture under this Chapter may be seized by any peace officer <br />upon process issued by any court having jurisdiction over the Vehicle. Under this Chapter, <br />seizure without process may be made if any of the following situations exist: <br />A. The seizure is incident to an arrest or a search pursuant to a search warrant; or <br />B. There is probable cause to believe that the Vehicle was used in violation of this <br />Chapter. <br />8.14.050 Receipts <br />Receipts for vehicles seized pursuant to this Chapter shall be delivered to any person <br />arrested out of whose possession such vehicle was seized, in accordance with Section 1412 <br />of the Penal Code. <br />8.14.060 Evidence <br />Property seized pursuant to Section 8.14.040, where appropriate, may be held for <br />evidence. The City Attorney shall institute and maintain the proceedings. <br />8.14.070 Forfeiture <br />A. Except as provided in subsection H of this section, or Section 8.14.100, if the <br />City Attorney determines that the factual circumstances do warrant that a Vehicle described in <br />Section 8.14.020 is subject to forfeiture, the City Attorney shall file a petition for forfeiture with <br />the Superior Court of San Bernardino County. <br />B. A petition for forfeiture under this subdivision shall be filed as soon as <br />practicable, but in any case within one year of the seizure of the Vehicle which is subject to <br />forfeiture. <br />C. The City Attorney shall cause a notice of the seizure and of the intended <br />forfeiture proceedings, as well as notice stating that any interested party may file a verified <br />claim with the Superior Court in San Bernardino County, to be served by personal delivery or <br />by registered mail upon any person who has an interest in the Vehicle. Whenever a notice is <br />delivered pursuant to this section, it shall be accompanied by a claim form as described in <br />Section 8.14.090 and directions for the filing and service of a claim. Notice shall also be <br />published once in a newspaper of general circulation in San Bernardino County. The City <br />Attorney shall provide notice of the proceedings under this subsection, including the following <br />information: <br />1. A description of the vehicle; <br />2. The date and place of seizure; <br />3. The violation of law alleged with respect to forfeiture of the property; <br />4. The instruction for filing and servicing a claim with the City Attorney <br />pursuant to Section 8.14.090 and time limits for filing a claim. <br />D. An investigation shall be made by the Colton Police Department as to any <br />claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor <br />Vehicles or appropriate federal agency. If the Colton Police Department finds that any person, <br />other than the registered owner, is the legal owner thereof, and such ownership did not arise <br />subsequent to the date and time of arrest or notification of the forfeiture proceedings or <br />seizure of the Vehicle, it shall forthwith send a notice to the legal owner at his or her address <br />appearing on the records of the Department of Motor Vehicles or appropriate federal agency. <br />ONT/JRT/262464 <br />2 <br />