A. Investigation of Vehicle Ownership Interests. The Police Department shall make a prompt investigation as to any potential claimant to a nuisance vehicle that is subject to this Chapter whose right, title, interest or lien is of record in the Department of Motor Vehicles of this state or any other state or appropriate federal agency.
B. Notice of Seizure.
1. At the time a nuisance vehicle is seized pursuant to this Chapter by the Police Department, the seizing officer shall provide a notice of seizure to the person from whose possession the vehicle was seized.
2. If the Police Department’s investigation reveals any potential claimants other than the person from whom the nuisance was seized, and whose right, title, interest or lien existed prior to the date of the commission of the act giving rise to the nuisance, then the Police Department shall send a notice of seizure to each such claimant within three (3) business days following the date the vehicle was seized. Such notice shall be served by regular mail at the claimant’s address appearing on the records of the applicable state’s Department of Motor Vehicles or appropriate federal agency. The Police Department shall forward a copy of each such notice to the City Attorney.
3. The notice of seizure shall include the following:
(a) A description of the seized vehicle, including its make, model, license plate number and Vehicle Identification Number (VIN);
(b) The location, authority and reason for the vehicle’s seizure by the Police Department;
(c) A statement describing the opportunity for a post-seizure hearing as specified in Section 9.80.080 and the requirements and time limits for requesting such a hearing; and
(d) A statement that a report of the seizure investigation shall be sent to the City Attorney for review for institution of forfeiture proceedings.
C. Receipts.
1. Receipts for nuisance vehicles seized pursuant to this Chapter shall be delivered to any person from whose possession such vehicle was seized. Where such a possessor is arrested for a public offense incidental to the vehicle’s seizure, then the receipt shall be issued in accordance with Penal Code Section 1412. For the purposes of this Chapter, neither Penal Code Section 1412 nor any provision of this Chapter shall be construed as precluding the delivery of a completed Vehicle Report (CHP 180 Form) as the receipt required by this Section.
2. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is an owner of the seized vehicle. This presumption may be rebutted at the trial as specified in Section 9.80.100.A.2.
D. Towing and Storage. The Police Department shall make arrangements for the towing of a seized vehicle and its storage at a City facility designated by the Public Works Director or that person’s designated agent.
E. Seized Vehicles as Evidence. A nuisance vehicle seized pursuant to this Chapter, where appropriate, may be held for evidence in any proceeding brought by the City Attorney or District Attorney.
F. No Seizure; Notice of Potential Claimant. In those instances where a nuisance vehicle subject to this Chapter is identified but not seized and the Police Department’s investigation reveals any potential claimants whose right, title, interest or lien existed prior to the date of the commission of the act giving rise to the nuisance, then the Police Department shall provide the name, address and other identifying information, if any, of each potential claimant to the City Attorney.