(A) Within 21 days after receipt of notice of intent to forfeit property or after first publication of the notice, a person claiming an interest in the property may file a claim with the village expressing their interest in the property. If a claim is filed, the Village Attorney shall institute a civil action for forfeiture within seven days after the expiration of the 21-day claim period. If no claim is filed within the 21-day period, the Village Attorney shall dispose of the property in the following manner. The village may sell property that is not required to be destroyed by law and that is not harmful to the public.
(B) The proceeds and any money shall be applied in the following order of priority:
(1) Pay any outstanding security interest of a secured party who did not have prior knowledge of, or consent to the commission of a crime;
(2) Satisfy any order of restitution in the prosecution of the crime;
(3) Pay the claim of each person who shows that he or she is a victim of the crime to the extent that the claim is not covered by an order of restitution;
(4) Pay any outstanding lien against the property that has been imposed by a governmental unit;
(5) Pay the proper expense of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising and court costs; and
(6) The balance, if any, shall be paid to the village and 75% of the money shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used to implement the crime victim's rights act. The Village Treasurer shall annually report to the State Department of Management and Budget the amounts and uses of the money received.
(Prior Code, § 302.01)