2003 AGN JUN 17 I03 - Laserfiche WebLink

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CITY OF COLTON item #3 AGENDA REPORT FOR THE COUNCIL MEETING OF JUNE 17,2003 TO: Honorable Mayor and City Council Members FROM: Kenneth Rulon, Chief of Police SUBJECT: Adoption of Ordinance Regarding Seizure and Forfeiture of Nuisance Vehicles DATE: June 5, 2003 BACKGROUND Illegal dumping continues to be a serious problem throughout our community. While we continue to diligently pursue the persons responsible for these acts, we lack the aggressive tools to effectively deter this illegal activity. ANALYSIS/DISCUSSION: The Colton Police Department has utilized varied resources to deter these criminal acts, but has found that the incidents continue to occur. It is our belief that through the adoption of this ordinance, and a marketing campaign directed at the parties responsible for these acts, we will add a tool to assist in the prevention of these occurrences. Vehicle forfeiture ordinances similar in force and effect to that proposed for the City of Colton have been used successfully in other cities throughout the state to reduce the nuisance created by individuals engaged in illegal acts from their vehicles. For example, the cities of Corona and Ontario have adopted similar ordinances to reduce the nuisance created by individuals soliciting acts of prostitution from their vehicles or attempting to acquire, or acquiring, controlled substances from their vehicles. The proposed ordinance would be used in Colton to discourage illegal dumping by establishing a substantial penalty in the form of forfeiture of the vehicle used in association with such actions. The proposed ordinance has been drafted to be consistent with the provisions of the California Health and Safety Code and the Penal Code. Vehicles seized under the proposed ordinance would be subject to return upon settlement with the City in an amount not less than the costs incurred by the City in conjunction with the forfeiture action. Absent settlement, or return of the vehicle in circumstances where an innocent owner holds title (i.e. rental cars; company-owned vehicles, etc); a forfeiture hearing shall be conducted before the Superior Court. On order of the Court, the seized vehicle shall be forfeited and sold, with the proceeds to be distributed as outlined, including to the City for expenditures associated with seizure, transportation, storage and attorney's fees. Thus, the funds obtained from the disposition of the seized vehicles will be utilized to further the City's enforcement efforts. The civil remedies outlined in this ordinance would be independent and in addition to any criminal prosecution arising from the events leading to the vehicle forfeiture. ENVIRONMENTAL IMPACT None. FISCAL IMPACT: The costs incurred in the process of enforcing this ordinance will be offset by the proceeds from the sale of the seized vehicle, or through a settlement if the vehicle is released back to the owner.