Chapter 8.52
SEIZURE AND FORFEITURE OF NUISANCE VEHICLES
Sections:
8.52.010 Findings, purpose, intent and definitions.
8.52.020 Illegal dumping—Nuisance vehicle.
8.52.030 Right, title and interest in vehicle.
8.52.080 Innocent parties—Return of vehicle.
8.52.100 Alternative settlement procedures.
8.52.010 Findings, purpose, intent and definitions.
A. The city council has determined that persons who operate vehicles and use them to illegally dump refuse bring decay to local neighborhoods where they dump such matter. The council has further determined that seizing the vehicles of persons who come into the local neighborhoods to illegally dump refuse will be deterred from creating said nuisances if their vehicles are subject to seizure and forfeiture. The city council finds there is a need to provide for the abatement of such nuisance vehicles.
B. The following words and phrases whenever used in this chapter shall be construed as defined in this section:
“Combustible waste matter” includes and means magazines, books, hats, trimmings from lawns, trees and flower gardens, pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, boxes and all such material that will incinerate through contact with flames of ordinary temperature.
“Garbage” includes and means kitchen and refuse leavings and offal, swill, and any accumulation of animal and vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds and vegetables.
“Noncombustible waste matter” includes and means crockery, bottles, glass, tin cans, metal vessels, ashes and all such material that will not incinerate through contact with flames of ordinary temperature.
“Refuse” includes both garbage and rubbish as defined herein; but it does not include construction materials, broken concrete, dirt from grading, and rocks over two-inch diameter.
“Rubbish” includes both combustible and noncombustible waste matter as herein defined.
“Sanitarian” means the employee charged by the city with the responsibility for the enforcement of health and sanitary ordinances and regulations. (Ord. 03-23 § 2 (part))
8.52.020 Illegal dumping—Nuisance vehicle.
No person shall dump, deposit, place or bury in or upon any lot, land or public place, or in any water or waterway, any refuse, or any deleterious or offensive substance, or any substance condemned by the sanitarian of the city; provided, however, this section shall not apply to any land used by the city for a disposal or reclamation site. Any vehicle used to illegally dump refuse in violation of this section is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle (hereinafter referred to as “the vehicle”), used for any of the purposes or acts set forth in this section is guilty of a nuisance. (Ord. 03-23 § 2 (part))
8.52.030 Right, title and interest in vehicle.
All right, title and interest in any vehicle described in Section 8.52.020 shall vest in the city upon commission of the act giving rise to the nuisance under this chapter. (Ord. 03-23 § 2 (part))
8.52.040 Process.
Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. Under this chapter, seizure without process may be made if any of the following situations exist:
A. The seizure is incident to an arrest or a search pursuant to a search warrant; or
B. There is probable cause to believe that the vehicle was used in violation of this chapter. (Ord. 03-23 § 2 (part))
8.52.050 Receipts.
Receipts for vehicles seized pursuant to this chapter shall be delivered to any person arrested out of whose possession such vehicle was seized, in accordance with Section 1412 of the Penal Code. (Ord. 03-23 § 2 (part))
8.52.060 Evidence.
Property seized pursuant to Section 8.52.040, where appropriate, may be held for evidence. The city attorney shall institute and maintain the proceedings. (Ord. 03-23 § 2 (part))
8.52.070 Forfeiture.
A. Except as provided in subsection H of this section, or Section 8.52.100, if the city attorney determines that the factual circumstances do warrant that a vehicle described in Section 8.52.020 is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Superior Court of Riverside County.
B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case within one year of the seizure of the vehicle which is subject to forfeiture.
C. The city attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as notice stating that any interested party may file a verified claim with the Superior Court in Riverside County, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 8.52.090 and directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in Riverside County. The city attorney shall provide notice of the proceedings under this subsection, including the following information:
1. A description of the vehicle;
2. The date and place of seizure;
3. The violation of law alleged with respect to forfeiture of the property;
4. The instruction for filing and servicing a claim with the city attorney pursuant to Section 8.52.090 and time limits for filing a claim.
D. An investigation shall be made by the San Jacinto police department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the San Jacinto police department finds that any person, other than the registered owner, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall forthwith send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal agency.
E. All notices shall set forth the time within which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed pursuant to Section 8.52.090.
F. With respect to a vehicle described in Section 8.52.020 for which forfeiture is sought and as to which forfeiture is contested, the city of San Jacinto shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.52.020. Trial shall be before the court or jury. The presiding judge of the superior court shall assign the action brought pursuant to this chapter for trial.
G. Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in Sections 8.52.020 of this chapter, the court shall declare the vehicle a nuisance and order that the vehicle be seized, if not previously seized and held by the police department, forfeited and sold and the proceeds distributed in accordance with this chapter.
H. If no claims are filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the court and dispose of the vehicle in accordance with this chapter. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The city attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
I. If a claim is timely filed, then the city attorney shall file a petition for forfeiture to this section within thirty (30) days of the receipt of the claim. (Ord. 03-23 § 2 (part))
8.52.080 Innocent parties—Return of vehicle.
Notwithstanding the provisions of this chapter, the San Jacinto police department shall return a seized vehicle upon the filing of a timely claim pursuant to Section 8.52.090 and upon a showing by the claimant that any of subsections A, B or C of this section exist. As a condition to the return of said vehicle, the claimant shall pay to the city all of the costs of towing and storing said vehicle as well as any release fee or charge.
A. The vehicle is owned by two or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle for the purpose of illegally dumping refuse, and the vehicle is the sole vehicle available to the person’s immediate family; or
B. The vehicle is owned by the employer of the person who used or maintained the vehicle for the purpose of illegally dumping refuse and employer files and serves on the city attorney a declaration or affidavit under penalty of perjury that he or she had no knowledge of the illegal dumping; or
C. The vehicle is owed by a rental car agency with a duly executed contract with the person who used or maintained the vehicle for the purpose of illegally dumping refuse. (Ord. 03-23 § 2 (part))
8.52.090 Interest claim.
Any person claiming an interest in a vehicle seized pursuant to Section 8.52.020 must, at any time within ten (10) days from the date of the notice of seizure, file with the Superior Court of Riverside County a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the city attorney within ten (10) days of the filing of the claim.
A. If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty (30) days therefrom.
B. The hearing shall be before the court or jury.
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 forth in this chapter. However, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter. (Ord. 03-23 § 2 (part))
8.52.100 Alternative settlement procedures.
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 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 orally to the San Jacinto police department or the city attorney. The minimum amount of the settlement agreement shall be sufficient to cover all of the city’s reasonable administrative costs, including towing, storage costs, attorneys’ fees and personnel time for the seizure and forfeiture action. The actual amount shall be at the sole and absolute discretion of the city attorney. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order, cash or cashier’s check. All settlement funds shall be distributed as set forth in Section 8.52.110(B) and (C). (Ord. 03-23 § 2 (part))
8.52.110 Sale of vehicles.
In all cases where a vehicle seized pursuant to this chapter is forfeited to the city, the vehicle shall be sold and the proceeds of the sale shall be distributed and appropriated as follows:
A. To the bona fide or innocent purchaser, conditional vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or city attorney declaring the forfeiture and sale of the vehicle orders a distribution to that person.
B. To the city for all expenditures made or incurred by it in connection with the publication of the notices set forth in this chapter, and sale of the vehicle, including expenditures for any necessary repairs, towing, storage or transportation of any vehicle seized under this chapter.
C. The remaining funds shall be placed in the general fund, subject to appropriate accounting controls and financial audits for all deposits and expenditures.
D. All the funds placed in the general fund pursuant to this chapter shall not supplant any funds that would, in the absence of this chapter, be made available to support the law enforcement and prosecutorial efforts of the department. (Ord. 03-23 § 2 (part))
8.52.120 Nonexclusive remedy.
This chapter is not the exclusive regulation or penalty for the illegal dumping of refuse. It supplements and is in addition to Section 1.24.020 of the San Jacinto Municipal 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. (Ord. 03-23 § 2 (part))