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2 <br />3 <br />4 <br />5 <br />ft <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 />A. If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a <br />day not less than thirty (30) days therefrom. <br />B. The hearing shall be before the court or jury. <br />C. The provisions of the Code of Civil Procedure shall apply to proceedings under <br />this Chapter unless otherwise inconsistent with the provisions or procedures set forth in this <br />Chapter. However, in proceedings under this Chapter, there shall be no joinder of actions, <br />coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues <br />shall be limited strictly to the questions related to this Chapter. <br />8.14.100 Alternative settlement procedures. <br />Any person, or his or her servant, agent or employee who owns, leases, conducts, <br />uses or maintains any vehicle for the purpose of illegally dumping refuse and whose vehicle <br />has been seized in accordance with this Chapter may request to execute a voluntary <br />settlement agreement with the City for the return of the Vehicle. Such request shall be made <br />in writing or orally to the Colton Police Department or the City Attorney. The minimum amount <br />of the settlement agreement shall be sufficient to cover all of the City's reasonable <br />administrative costs, including attorney's fees and personnel time for the seizure and forfeiture <br />action. The actual amount shall be at the sole and absolute discretion of the City Attorney. <br />The executed settlement agreement shall be accompanied by the appropriate settlement fee <br />amount in the form of a money order, cash or cashiers check. All settlement funds shall be <br />distributed as set forth in Section 8.14.100, subdivisions "B" and "C." <br />8.14.110 Sale of vehicles. <br />In all cases where a Vehicle seized pursuant to this Chapter is forfeited to the City, the <br />Vehicle shall be sold and the proceeds of the sale shall be distributed and appropriated as <br />follows: <br />A. To the bona fide or innocent purchaser, conditional vendor, mortgagee or lien <br />holder of the Vehicle, if any, up to the amount of his or her interest in the Vehicle, when the <br />court or City Attorney declaring the forfeiture and sale of the Vehicle orders a distribution to <br />that person. <br />B. To the City for all expenditures made or incurred by it in connection with the <br />publication of the notices set forth in this Chapter, and sale of the Vehicle, including <br />expenditures for any necessary repairs, storage or transportation of any Vehicle seized under <br />this Chapter. <br />C. The remaining funds shall be placed in the General Fund, subject to <br />appropriate accounting controls and financial audits for all deposits and expenditures. <br />D. All the funds placed in the General Fund pursuant to this Chapter shall not <br />supplant any funds that would, in the absence of this Chapter, be made available to support <br />the law enforcement and prosecutorial efforts of the Department. <br />8.14.120 Nonexclusive remedy. <br />This Chapter is not the exclusive regulation or penalty for the illegal dumping of refuse. <br />It supplements and is in addition to Section 6.16.290 of the Colton Municipal Code, as well as <br />other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, <br />the State or any other legal entity or agency having jurisdiction." <br />ONT/JRT/262464 <br />