The city council finds and declares that pursuant to California
Vehicle Code Section 23109, motor vehicles speed contests and exhibitions
of speed conducted on public streets and highways are illegal. Motor
vehicle speed contests and exhibitions of speed are more commonly
known as street races or drag races. Streets and highways within the
county of San Diego have been the site of continuing and escalating
illegal street racing over the past several years. Such street racing
threatens the health and safety of the public, interferes with pedestrian
and vehicular traffic, creates a public nuisance and interferes with
the right of private business owners to enjoy the use of their property
within the county of San Diego. Illegal street racers accelerate to
high speeds without regard to oncoming traffic, pedestrians or vehicles
parked or moving nearby.
The city council finds it is necessary and appropriate to take
additional steps to protect public health and safety. This chapter
is adopted to declare that vehicles used in violations of California
Vehicle Code Sections 23109(a) and (c) are a nuisance and will be
forfeited to the city. The civil forfeiture of these nuisance vehicles
will prevent the needless loss of life and property damage associated
with illegal motor vehicle speed contests and exhibitions of speed.
(Ord. 323, 2003)
means workdays not including weekends and holidays.
means any speed contest or exhibition of speed referred to
in California Vehicle Code Sections 23109(a) and 23109(c).
means father, mother, sister or brother.
means a person holding a security interest in a vehicle referred
to in California Vehicle Code Section 370.
means a person registered by the Department of Motor Vehicles
as the owner of a vehicle referred to in California Vehicle Code Section
505.
(Ord. 323, 2003)
A motor vehicle shall be declared a nuisance and forfeited subject
to this division if:
A.
It is
used in violation of California Vehicle Code Sections 23109(a) and
(c); and
B.
1.
It
is driven by the registered owner of the vehicle at the time of the
violation or the registered owner is a passenger in the vehicle at
the time of the violation; or
2.
It
is driven by a member of the registered owner's immediate family at
the time of the violation, or a member of the registered owner's immediate
family is a passenger in the vehicle at the time of the violation;
or
3.
The
driver or a passenger lives at the same address as the registered
owner at the time of the violation; or
4.
The
driver or a passenger in the vehicle at the time of the violation
has a prior contact in the vehicle, as determined by law enforcement
records; and
C.
The
registered owner who is the driver or passenger at the time of the
violation; or the driver or passenger who is a member of the registered
owner's immediate family at the time of the violation; or the driver
or passenger who lives at the same address as the registered owner
at the time of the violation or the driver or passenger at the time
of the violation who has a prior contact in the vehicle has:
1.
A
previous misdemeanor or felony conviction for California Vehicle Code
Section 2800.2(a) or 23104(a); or
2.
A
previous misdemeanor conviction for a violation of California Vehicle
Code Sections 2800.1(a) or (b), or California Vehicle Code Sections
23103(a) or (b), or California Vehicle Code Sections 23109(a) or (c);
or
3.
A
previous conviction for a violation of California Vehicle Code Section
22348(b).
(Ord. 323, 2003)
A registered or legal owner at the time of the violation may request a hearing pursuant to Section 9.70.050 of this chapter to determine the validity of the forfeiture action authorized by this chapter.
(Ord. 323, 2003)
A.
The sheriff's captain of the city substation (designated captain) shall provide the opportunity for a post-storage hearing to determine the validity of the storage to the persons who were the registered and legal owners of the vehicle at the time of impoundment. The hearing request shall be made not later than ten days after the date the vehicle was impounded. However, the hearing request shall be made within three days after the date the vehicle was impounded if personal service was provided to the registered or legal owner pursuant to Section 9.70.070 of this chapter and no mailed notice is required.
B.
The post-storage hearing shall be conducted not later than two days after the date it was requested. The designated captain may authorize an officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. Failure of either a registered or legal owner to request a hearing as provided in subsection A of this section or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.
(Ord. 323, 2003)
A.
When
a violation of California Vehicle Code Section 23109(a) or (c) occurs
causing a vehicle to be subject to forfeiture under this chapter,
the designated captain shall ascertain from the Department of Motor
Vehicles the names and addresses of all legal and registered owners
of the vehicle.
B.
Within
two days of impoundment, the designated captain shall send a notice
of forfeiture by certified mail, return receipt requested, to all
legal and registered owners of the vehicle proposed for forfeiture.
The notice shall be sent to the addresses obtained from the Department
of Motor Vehicles.
(Ord. 323, 2003)
If a legal or registered owner was personally served a notice of forfeiture at the time of the violation which caused a vehicle to be subject to forfeiture under this division, and the notice contains all the information required to be provided by Sections 9.70.080 and 9.70.090 of this chapter, no further notice is required to be sent to that owner. However, a notice shall still be sent to any other current legal or registered owners of record of the vehicle, if any.
(Ord. 323, 2003)
The notice shall inform legal or registered owners of the vehicle that the vehicle will be declared a nuisance and forfeited to the city subject to this chapter, and will be sold or otherwise disposed of pursuant to Sections 9.70.170, 9.70.180 and 9.70.190 of this chapter. The notice shall also include instructions for filing a claim with the city attorney, and the time limits for filing a claim.
(Ord. 323, 2003)
The notice of forfeiture shall also inform any legal owner of its right to conduct the sale pursuant to Section 9.70.170 of this chapter. If notice was not sent to the legal owner within two days, the city shall not charge the legal owner for more than fifteen days' impoundment when the legal owner redeems the impounded vehicle. No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within fifteen days of the impoundment of that vehicle.
(Ord. 323, 2003)
If no claims are filed and served within fifteen days of the mailing of the notice pursuant to Section 9.70.060 of this chapter or within five days of personal service of the notice pursuant to Section 9.70.070 of this chapter, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city. 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. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Sections 9.70.060 and 9.70.070 of this chapter. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.
(Ord. 323, 2003)
If a claim is timely filed and served with the city attorney,
then the city attorney shall file a petition for forfeiture with the
appropriate Superior Court within ten days of the receipt of the claim.
The city attorney shall establish an expedited hearing date in accordance
with instructions from the court. The court filing fee established
by the court, not to exceed fifty dollars, shall be paid by the claimant
made payable to the San Diego Superior Court, but shall be reimbursed
by the city if the claimant prevails.
(Ord. 323, 2003)
The filing of a claim within the time limit specified in Section 9.70.100 of this chapter is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the city attorney by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violations which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.
(Ord. 323, 2003)
If at the time of the violation there is a community property
interest in the vehicle to be forfeited, and at the time of the violation
the vehicle is the only vehicle available to the registered owner's
immediate family that may be operated with a class C driver's license,
the vehicle shall be released to a registered owner or to the community
property interest owner upon compliance with all of the following
requirements:
A.
The
registered owner or the community property interest owner requests
release of the vehicle and the owner of the community property interest
submits proof of that interest; and
B.
The
registered owner or the community property interest owner submits
proof that the vehicle is properly registered pursuant to the California
Vehicle Code; and
C.
All
towing and storage charges and any administrative charges authorized
pursuant to California Vehicle Code Section 22850.5 are paid; and
(Ord. 323, 2003)
A.
A stipulated
vehicle release agreement shall provide for the consent of the signers
to the automatic future forfeiture and transfer of title to the city
of any vehicle registered to that person, if the vehicle is used in
violation of California Vehicle Code Section 23109(a) or (c). The
agreement shall be in effect for five years from the date of signing
and shall be maintained by the designated captain.
(Ord. 323, 2003)
All right, title and interest in the vehicle shall vest in the
city upon commission of the act giving rise to the nuisance under
this chapter.
(Ord. 323, 2003)
Any vehicle forfeited pursuant to this chapter shall be sold once a declaration of forfeiture is issued by the city attorney or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections 9.70.100 and 9.70.120 of this chapter.
(Ord. 323, 2003)
A.
Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation or other licensed financial institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notified the designated captain of its intent to conduct the sale within fifteen days of either the mailing of the notice pursuant to Section 9.70.060 of this chapter or personal service of the notice pursuant to Section 9.70.070 of this chapter. Sale of the vehicle after forfeiture pursuant to this chapter may be conducted at the time, in the manner and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in Section 9.70.200 of this chapter. A legal owner's notice to conduct the sale pursuant to this section may be presented in person, by certified mail, by facsimile transmission or by electronic mail.
B.
The
agent of a legal owner acting pursuant to this section shall be licensed,
or exempt from licensure, pursuant to Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code.
(Ord. 323, 2003)
If the legal owner or agent of the owner does not notify the designed captain of its intent to conduct the sale as provided in Section 9.70.170 of this chapter, the city shall offer the forfeited vehicle for sale at public auction within sixty days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 9.70.190 of this chapter.
(Ord. 323, 2003)
If the designated captain determines that the vehicle to be
forfeited and sold pursuant to this chapter is of so little value
that it cannot readily be sold to the public generally, the vehicle
shall be conveyed to a licensed dismantler or donated to a charitable
organization. License plates shall be removed from any vehicle conveyed
to a dismantler pursuant to this section.
(Ord. 323, 2003)
The proceeds of a sale of a forfeited vehicle shall be disposed
of in the following priority:
B.
Upon
satisfactory proof to the designated captain, to the legal owner in
an amount to satisfy the indebtedness owed to the legal owner remaining
as of the date of sale, including accrued interest or finance charges
and delinquency charges, providing that the principal indebtedness
was incurred prior to the date of impoundment; then,
C.
To the
holder of any subordinate lien or encumbrance on the vehicle, other
than a registered or legal owner, to satisfy any indebtedness so secured
if written notification of demand is received before distribution
of the proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall furnish reasonable proof of its interest
and, unless it does so upon request, is not entitled to distribution
pursuant to of this subsection.
D.
To any
other person, other than a registered or legal owner, who can reasonably
establish an interest in the vehicle, including a community property
interest, to the extent of his or her provable interest, if written
notification is received before distribution of the proceeds is completed;
then,
E.
The
remaining proceeds shall be transferred to the city via the city treasurer.
(Ord. 323, 2003)
The person conducting the sale shall disburse the proceeds of the sale as provided in Section 9.70.200 of this chapter and shall provide a written accounting regarding the disposition to the designated captain and, on request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the designated captain within fifteen days after the sale is conducted.
(Ord. 323, 2003)
No vehicle shall be sold pursuant to this division if the designated
captain determines the vehicle to have been stolen. In this event,
the vehicle may be claimed by the registered owner at any time after
impoundment, providing the vehicle registration is current and registered
owner has no outstanding traffic violations or parking penalties on
his or her driving record or on the registration record of any vehicle
registered to the person. If the identity of the legal and registered
owners of the vehicle cannot be reasonably ascertained, the vehicle
may be sold.
(Ord. 323, 2003)
Any owner of a vehicle who suffers any loss due to the forfeiture
of any vehicle pursuant to this division may recover the amount of
the loss from the person who violated California Vehicle Code Section
23109(a) or (c), which gave rise to the nuisance under this division.
(Ord. 323, 2003)
A.
The
designated captain is responsible for the costs incurred for towing
and storage if it is determined that the driver at the time of impoundment
did not violate California Vehicle Code Section 23109(a) or (c), and
did not give rise to the nuisance.
B.
Charges
for towing and storage for any vehicle impounded pursuant to this
division shall not exceed the normal towing and storage rates for
other vehicle towing and storage conducted by the designated captain
in the normal course of business.
(Ord. 323, 2003)
