A. Application. The provisions of this Section shall apply only to nuisance vehicles actually seized under the authority of this Chapter.
B. Factual Determination. The City Attorney shall determine from the police reports and other relevant information, if any, whether the factual circumstances surrounding the seizure warrant forfeiture of the seized vehicle.
C. Notice of Administrative Proceedings.
1. In those instances where forfeiture is warranted, the City Attorney shall cause a notice of administrative proceedings to be sent by certified mail, return receipt requested, to each potential claimant identified by the Police Department. Personal service shall not be required. This notice shall be accompanied by a claim form.
2. The notice of administrative proceedings shall include the following:
(a) The vehicle and seizure information presented in the notice of seizure;
(b) Notice that administrative forfeiture proceedings have begun and can be opposed only by filing a claim opposing forfeiture, the time limits for filing the claim and instructions for filing and serving the claim; and
(c) Notice that failure to properly file and serve the claim will result in forfeiture of the vehicle.
3. The City Attorney shall serve the notice of administrative proceeding as soon as practicable, but in any event, within thirty (30) business days of the date the last police report for the seizure is received by the City Attorney’s office.
4. If a claimant entitled to notice resides out of state and has refused or failed to accept certified mail, then service may be made by regular mail.
5. If a claimant entitled to notice cannot be located or service as required by this Section cannot otherwise be effected, then service may be made by publication in a local newspaper of general circulation. Such service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063 or its successor provisions or section.
6. The City attorney shall send written notice to the Department of Motor Vehicles, Registration Operations Division, Involuntary Transfer Section, requesting that a Vehicle License and Title stop be placed against the DMV record of the seized nuisance vehicle.
D. Claim Opposing Forfeiture.
1. A claimant seeking to oppose the administrative forfeiture of a seized nuisance vehicle must file a claim, using the Claim Opposing Forfeiture form, within ten (10) business days of the date of the notice of administrative proceedings.
2. The claim must be verified in accordance with Section 446 of the Code of Civil Procedure or its successor provision or section.
3. The claim must be filed with the Civil Division, Court Clerk of the San Bernardino County Superior Court, Victorville Division.
4. The claimant must serve a court-conformed copy of the claim upon the City Attorney within ten (10) business days of the date on which it was filed.
5. Upon the proper filing and service of a Claim Opposing Forfeiture form, the forfeiture proceeding will continue as provided in Section 9.80.100.
E. Failure to File Claim; Order of Forfeiture.
1. The failure of a claimant to properly file and serve a claim opposing forfeiture shall result in the waiver of the claimant’s interest in the seized nuisance vehicle.
2. The City Attorney may, pursuant to this Section, declare and order the forfeiture of a seized nuisance vehicle in those cases where no claim has been properly filed and served.
F. City Attorney Declaration of Forfeiture.
1. The City Attorney shall prepare a written declaration of forfeiture of the seized nuisance vehicle and dispose of it in accordance with Section 9.80.110. The declaration of forfeiture signed by the City Attorney under this Section shall be deemed to provide good and sufficient legal title to the vehicle so forfeited.
2. The City Attorney shall serve, by regular mail, a copy of the declaration to each claimant who received a notice of administrative proceedings.