§ 9.40.070. Forfeiture.

Subject to the provisions of this Chapter, the City Prosecutor may order the forfeiture of a vehicle seized and impounded as follows:

A.

An order of forfeiture shall include:

1.

A statement by the City Prosecutor declaring the vehicle forfeited to the City;

2.

A description of the vehicle;

3.

The date and place of seizure;

4.

The unlawful act(s) alleged as the basis for forfeiture of the vehicle;

5.

Instructions and a form for filing a claim opposing forfeiture;

6.

The time limits for filing a claim opposing forfeiture;

7.

An estimate of the value of the vehicle.

B.

An order of forfeiture shall be served as follows:

1.

The order of forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon all registered and legal owners of the vehicle.

2.

In the event that a registered or legal owner(s) refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one (1) of the following methods:

a.

By leaving a copy of the order of forfeiture during usual business hours at the registered or legal owner's business address with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the registered or legal owner(s) where the copy was left;

b.

By leaving a copy of the order of forfeiture at the registered or legal owner's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the registered or legal owner(s) at the address where the copy was left.

3.

If the registered or legal owner(s) lives or is located out of State and will not accept certified return receipt mail, then service may be made by first class mail.

4.

If the registered or legal owner(s) cannot be located, or service cannot be effected as set forth in this Subsection B, service may be made by publication in a Long Beach newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code section 6063.

C.

An order of forfeiture shall be served as soon as practicable, but no later than thirty (30) days following the date the vehicle was seized. If the City prosecutor fails to order the forfeiture of the vehicle within the thirty (30) days, the vehicle shall be released to the registered owner(s), legal owner(s) or an authorized agent at the end of the thirty (30) day impoundment subject to the payment of fees and costs arising from impoundment.

D.

If no claim opposing forfeiture is timely filed pursuant to Section 9.40.080, the City Prosecutor shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the vehicle as provided by this Chapter. A written declaration of forfeiture signed by the City Prosecutor under this Chapter shall be deemed to provide good and sufficient title to the purchaser of the forfeited vehicle. A copy of the declaration of forfeiture shall be mailed to the person listed in the receipt given at the time of seizure and to all registered and legal owners of the vehicle.

E.

If a claim opposing forfeiture is timely filed pursuant to Section 9.40.080, then the City Prosecutor may file a petition of forfeiture with the superior court within thirty (30) days of the receipt of the claim(s). The petition of forfeiture shall seek a court order adjudging that the vehicle was used for one (1) or more of the nuisance purposes set forth in this Chapter, that the vehicle is a public nuisance and ordering the vehicle be forfeited, sold, and the proceeds distributed as set forth in this Chapter. A copy of the petition of forfeiture shall be mailed to each person filing a claim opposing forfeiture.

(Ord. C 7853 § 1, 2003)