(A) The City Attorney or District Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.
(B) If the City Attorney or District Attorney determines that the factual circumstances warrant the forfeiture of a vehicle described in § 9.49.020, the City Attorney or District Attorney shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle. Such notice shall be served as soon as practicable, but in any event within
(C) The Notice of Intended Forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to § 9.49.030(C).
(1) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: (a) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; (b) by leaving a copy at the recipient'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 recipient at the address where the copy was left.
(2) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.
(3) If the person entitled to notice cannot be located, or service; cannot be effected as set forth in this section, service may be made by publication in a newspaper of general circulation within the city which is most likely to give actual notice and order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov't Code § 6063.
(D) A Notice of Intended Forfeiture shall include:
(1) A description of the vehicle;
(2) The date and place of the vehicle's seizure;
(3) The violation of law alleged with respect to the intended forfeiture of the vehicle;
(4) A claim form as described in § 9.49.050;
(5) Instructions for filing and serving a claim, and the time limits for filing such a claim.
(Ord. 4411, passed 4-23-01)