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4 <br />5 <br />6 <br />7 <br />8 <br />10 <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 />E. All notices shall set forth the time within which a claim of interest in the Vehicle <br />seized or subject to forfeiture is required to be filed pursuant to Section 8.14.090. <br />F. With respect to a Vehicle described in Section 8.14.020 for which forfeiture is <br />sought and as to which forfeiture is contested, the City of Colton shall have the burden of <br />proving by a preponderance of the evidence that the Vehicle was used as set forth in Section <br />8.14.020. Trial shall be before the court or jury. The presiding judge of the Superior Court <br />shall assign the action brought pursuant to this Chapter for trial. <br />G. Upon proof by a preponderance of the evidence that the Vehicle was used for <br />any of the purposes set forth in Sections 8.14.010 and 8.14.020 of this Chapter, the court shall <br />declare the Vehicle a nuisance and order that the Vehicle be seized, if not previously seized <br />and held by the Police Department, forfeited and sold and the proceeds distributed in <br />accordance with this Chapter. <br />H. If no claims are filed, the City Attorney shall prepare a written declaration of <br />forfeiture of the Vehicle to the court and dispose of the Vehicle in accordance with this <br />Chapter. A written declaration of forfeiture signed by the City Attorney under this section shall <br />be deemed to provide good and sufficient title to the forfeited Vehicle. The City Attorney <br />ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture <br />to any person who received notice of the forfeiture proceedings. <br />1. If a claim is timely filed, then the City Attorney shall file a petition for forfeiture <br />to this section within thirty (30) days of the receipt of the claim. <br />8.14.080 Innocent parties; return of vehicle. <br />Notwithstanding the provisions of this Chapter, the Colton Police Department shall <br />return a seized Vehicle upon the filing of a timely claim pursuant to Section 8.14.090 and upon <br />a showing by the claimant that: <br />A. The Vehicle is owned by two or more persons and there is a community <br />property interest in the Vehicle by a person other than the person who used or maintained the <br />Vehicle for the purpose of illegally dumping refuse, and the Vehicle is the sole vehicle <br />available to the person's immediate family; or <br />B. The Vehicle is owned by the employer of the person who used or maintained <br />the Vehicle for the purpose of illegally dumping refuse and employer files and serves on the <br />City Attorney a declaration or affidavit under penalty of perjury that he or she had no <br />knowledge of the illegal dumping; or <br />C. The Vehicle is owed by a rental car agency with a duly executed contract with <br />the person who used or maintained the Vehicle for the purpose of illegally dumping refuse. <br />8.14.090 Interest Claim <br />Any person claiming an interest in a Vehicle seized pursuant to Section 8.14.020 must, <br />at any time within ten (10) days from the date of the notice of seizure, file with the Superior <br />Court of San Bernardino County a claim, verified in accordance with Section 446 of the Code <br />of Civil Procedure, stating his or her interest in the Vehicle. An endorsed copy of the claim <br />shall be served by the claimant on the City Attorney within ten (10) days of the filing of the <br />claim. <br />ONT/JRT/262464 <br />3 <br />