(A) Except as provided in division (G), if the City Attorney or District Attorney determines that factual circumstances warrant that the vehicle is subject to forfeiture, and is not automatically made forfeitable by another provision of this chapter, the City Attorney or District Attorney shall file a petition for forfeiture with the Superior Court of Los Angeles County.
(B) A petition for forfeiture under this division shall be filed as soon as practicable, but in any case within one year of the seizure of the vehicle which is subject to forfeiture.
(C) Physical seizure of the vehicle shall not be necessary in order to have the vehicle alleged to be forfeitable in a petition pursuant to this section. The City Attorney or District Attorney may seek protective orders for any such vehicle.
(D) The City Attorney or District Attorney shall cause notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of Los Angeles County, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in § 95.5.09, as well as directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in Los Angeles County.
(E) An investigation shall be made by the Department as to any claimant to the vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the Department finds that a person, other than the registered owner, is the legal owner of the vehicle, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall forthwith send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate state agency.
(F) All notices shall set forth the time within which a claim of interest in the vehicle seized or that is subject to forfeiture is required to be filed pursuant to § 95.5.09.
(G) The City Attorney or District Attorney may, pursuant to this section, order the forfeiture of the vehicle seized pursuant to this chapter. The City Attorney or District Attorney shall provide notice of the proceedings under this section, including:
(1) A description of the vehicle.
(2) The date and place of seizure.
(3) The violation of law alleged with respect to the forfeiture of the vehicle.
(4) The instructions for filing and serving a claim with the City Attorney or District Attorney pursuant to § 95.5.09 and time limits for filing a claim.
(a) If no claims are timely filed, the City Attorney or District Attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the vehicle in accordance with this chapter. A written declaration of forfeiture signed by the City Attorney or District Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The City Attorney or District Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
(b) If a claim is timely filed within 15 days, then the City Attorney or District Attorney shall file a petition for forfeiture pursuant to this section within 30 days of receipt of the claim.
(Ord. 1218, passed 11-19-03)