Proceedings for the confiscation and forfeiture of contraband vehicles under this section shall be had in the Police Court and the proceedings shall be as follows:
(a) When such conveyance or vehicle has been seized under Section 521.15, the officer shall take possession of such vehicle and report the same to his commanding officer.
(b) Within not less than ten days and not more than sixty days after the seizure of such conveyance or vehicle, the City Attorney shall file in the Police Court a petition against the seized property, which petition shall set forth in general terms the grounds of forfeiture for such property and pray that the same be forfeited to the City, and that all persons concerned or interested shall appear and show cause why such property should not be forfeited.
(c) The owner of, and person in any manner then indebted, or liable for the purchase price of such property and any person having a lien thereon, if he is known, shall be made parties defendant to the petition and shall be served with the notice hereinafter provided at least ten days before the day set for hearing the petition, if they be residents of the State, and if he is unknown or a nonresident or cannot, with reasonable diligence, be found in this State, he shall be determined sufficiently served by publication of the notice once a week for two successive weeks in some newspaper of general circulation in the City.
(d) Any person claiming to be the owner of such seized property or to hold a lien thereon or have an interest therein may appear at any time before final judgment and be made a party defendant to the petition, which appearance shall be by answer, under oath, in which shall be clearly set forth the nature of such claim or interest.
(e) If the Judge of the Police Court shall find, or if it be admitted before the Judge, that the conveyance or vehicle at the time of the seizure was then being used in violation of Section 521.03 et seq. nevertheless: If it shall appear to the satisfaction of the Court that such claimant is the holder of a bona fide lien against the property and was the holder of such lien at the time of such seizure and that he was ignorant of such illegal use thereof or the use so made of such conveyance or vehicle was without his permission or consent expressed or implied and the claimant has perfected his lien, the Court shall:
(1) If the lien so established is equal to or more than the value of the conveyance or vehicle, such conveyance or vehicle shall be delivered to the lienor upon the payment of towing and storage, if any, and costs.
(2) If the lien is less than the value of the conveyance or vehicle, the same may be delivered to the lienor upon payment of the difference in amount as determined in such proceedings; but should the lienor not demand delivery as aforesaid, an order may be made for the sale of the property, out of the proceeds of which shall be paid first the towing and storage, if any, second the costs, third the lien, and the residue, if any, to the General Fund.
(f) If, however, no valid lien or claim is established against the seized property, upon trial or afterward, or if it shall be determined that the owner thereof was himself using the same at the time of the seizure, or that such illegal use was with his knowledge or consent expressly or implied, then the property shall be completely forfeited to the City.
(1969 Code Sec 17-38)