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(Amended by Ord. No. 173,705, Eff. 1/27/01.)
(a) Definitions. For purposes of this section:
(1) “Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
(2) “Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
(b) Aggressive Solicitation prohibited.
(1) No person shall solicit, ask or beg in an aggressive manner in any public place.
(2) “Aggressive manner” shall mean any of the following:
(A) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to
(i) fear bodily harm to oneself or to another, damage to or loss of property, or
(ii) otherwise be intimidated into giving money or other thing of value;
(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(D) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;
(E) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
(F) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
(c) All solicitation prohibited at specified locations.
(1) Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that the person does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
(A) Definitions. For purposes of this section:
(i) “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
(ii) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(iii) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
(iv) “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.
(v) “Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.
(vi) “Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
(B) Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
(2) Parking lots. (Amended by Ord. No. 182,813, Eff. 12/10/13.)
(A) Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.
(B) Exemptions. Subdivision (c)(2) shall not apply to any of the following:
(i) to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;
(ii) to solicitations related to the lawful towing of a vehicle; or
(iii) to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
(3) Public transportation vehicles.
(A) “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.
(B) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.
(d) Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.
(e) Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.
(f) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
(Added by Ord. No. 179,913, Eff. 6/30/08.)
(a) Definitions. As used in this section:
(1) “Health Facility” means any “health facility” as defined in Section 1250 of the California Health and Safety Code.
(2) “Patient’s Residence” means the home of the patient, the fixed and regular nighttime residence or domicile of the patient, or, in the case of a patient reasonably perceived to be homeless, the location the patient gives as the patient’s principal place of dwelling.
(3) “Homeless Patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings.
(4) “Written Consent” means knowingly, intelligently and voluntarily given written consent, signed by the patient or the patient’s legal representative.
(b) Prohibited Activity. A health facility may not transport or cause a patient to be transported to a location other than the patient’s residence without written consent, except when the patient is transferred to another health facility following bona fide procedures in accordance with another provision of law.
(c) Violations. A violation of this section is a misdemeanor punishable by a fine not to exceed $1,000, a term of probation not to exceed three years, or both.
(d) Punishment Cumulative. The punishment provided for in this section is cumulative to any punishment, penalty, or other relief available under any other law.
(e) Inapplicability. This section shall not apply to:
(1) Patients in the care and custody of a California state hospital operated and administered by the State Department of Mental Health, who are civilly or criminally committed and subject to transfer to the State Department of Corrections and Rehabilitation, the Forensic Conditional Release Program, or a court for further proceedings.
(2) Patients who are in the custody or otherwise under the jurisdiction of the State Department of Corrections and Rehabilitation, including the Division of Juvenile Justice, the Los Angeles County Sheriff, or the Los Angeles Police Department.
(Title and Section Amended by Ord. No. 182,459, Eff. 3/1/13.)
The City declares that a motor vehicle is a public nuisance subject to seizure and impoundment for a period of up to 30 days when the motor vehicle is used in the commission or attempted commission of an act that violates Penal Code Section 266(h), or 266(i), or 374.3(h), or 647(b), if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle only may be impounded pursuant to a valid arrest of the driver for a violation of one of the Penal Code sections listed above.
(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the California Department of Motor Vehicles, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a post storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information:
(1) The name, address, and telephone number of the agency providing the notice.
(2) The location of the place of storage and description of the vehicle, that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive a post storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within ten days of the date appearing on the notice.
(b) The post storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.
(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the post storage hearing requirement.
(d) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the post storage hearing that reasonable grounds for the storage are not established.
(e) Any period during which a vehicle is subjected to storage under this Section shall be included as part of the period of impoundment.
(f) The impounding agency shall release the vehicle to the registered owner or the owner’s agent prior to the end of the impoundment period under any of the following circumstances:
(1) The driver of the impounded vehicle was arrested without probable cause.
(2) The vehicle is a stolen vehicle.
(3) The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage.
(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period.
(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to Section 266(h) or 266(i), or Subdivision (b) of Section 647 of the California Penal Code.
(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used.
(g) Notwithstanding any provision of law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.
(h) Except as provided in Subdivision (g), the registered owner or the registered owner’s agent shall be responsible for all towing and storage charges related to the impoundment.
(i) A vehicle removed and seized under an ordinance adopted pursuant to this Section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(j) Towing and storage fee requirements:
(1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner as described in paragraph (1) of Subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to California Vehicle Code Section 22850.5, unless the legal owner voluntarily requested a post storage hearing.
(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this Section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this Section, “credit card” is as defined in Subdivision (a) of Section 1747.02 of the California Civil Code. Credit card does not include a credit card issued by a retail seller.
(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed five hundred dollars ($500).
(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.
(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the California Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(6) A failure by a storage facility to comply with any applicable conditions set forth in this Subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this Subdivision are satisfied.
(k) Requirements for release of a vehicle subject to assignment or repossession:
(1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in Subdivision (b) of Section 7500.1 of the California Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the California Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the California Business and Professions Code.
(2) Administrative costs authorized under Subdivision (a) of Section 22850.5 of the California Vehicle Code shall not be charged to the legal owner of the type specified in paragraph (1) of Subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. The City shall not require a legal owner or a legal owner’s agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this Paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents the legal owner or legal owner’ agent is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims.
(l) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not be required to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent.
(m) Time period for release of the vehicle:
(1) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period.
(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.
(n) Time period for release of the vehicle to a rental car agency:
(1) A vehicle removed and seized pursuant to an ordinance adopted pursuant to this Section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.
(2) The owner of a rental vehicle that was seized under an ordinance adopted pursuant to this Section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired.
(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment.
(o) Severability. If any subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
(Added by Ord. No. 175,573, Eff. 11/24/03.)
A. Definitions.
“Controlled substance” means a drug, substance or immediate precursor that is listed in any schedule in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058.
“Driver” means any person who drives or is in physical control of a vehicle.
“Vehicle” means any transportation device which requires the driver to have in their immediate possession a valid driver’s license for the appropriate class of vehicle being driven.
B. Abatement of Nuisance Vehicle by Seizure and Forfeiture.
1. Any vehicle used to illegally acquire or attempt to illegally acquire any controlled substance is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
2. Any person or the person’s servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.
C. Title to Vest in the City. All right, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving rise to the nuisance under this section.
D. Seizure of Vehicle.
1. A peace officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(a) The seizure is incident to an arrest or search under a search warrant;
(b) There is probable cause to believe the vehicle was used in violation of this section.
2. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
3. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The public agency shall send a notice of seizure within two business days of the vehicle’s seizure, to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.
(a) The notice of seizure shall include the following:
(i) the name, address and telephone number of the agency providing the notice;
(ii) the authority and reason for the seizure;
(iii) a statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
(iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
5. A vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the City Attorney or District Attorney.
E. Forfeiture and Notice of Intended Forfeiture of Vehicle.
1. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.
2. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
3. The notice of intended forfeiture shall be served as follows:
(a) By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection D.3.
(b) 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 by any one of the following methods:
(i) By leaving a copy during usual business hours at 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;
(ii) 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.
(c) 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.
(d) If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
F. Claim Opposing Forfeiture and Court Proceedings.
1. A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating the lien holder’s interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim.
2. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the City Attorney. A copy of the petition shall be served upon the claimant.
3. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.
4. With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
5. Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section
6. If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection G. The City 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.
G. Disposal of Vehicle and Distribution of Proceeds.
1. In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows:
(a) To pay costs associated with the towing, storage and release of any vehicle seized under this section.
(b) To pay costs associated with the sale of the vehicle.
(c) To the lien holder of the vehicle, if any, up to the amount of the lien holder’s interest in the vehicle.
2. The remaining funds shall be distributed as follows:
(a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Subsection E.
(b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
(c) To the general fund.
3. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.
H. Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
I. Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
(Amended by Ord. No. 175,848, Eff. 4/24/04.)
A. Definitions.
Driver means any person who drives a motor vehicle.
Exhibition of speed means a willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a highway where the presence of another person is known to the driver or may reasonably be anticipated by the driver. In order to constitute an exhibition of speed under this section, there must be spectators present at the event.
Highway means a way or place of whatever nature, which is used by the public for vehicular travel. It does not include a facility which is specifically designed and legally maintained for the purposes of speed contests or exhibitions of speed.
Speed contest means a contest where a vehicle is raced on a highway against another vehicle, a clock, or other timing device. In order to constitute a speed contest under this section, at least two vehicles must be assembled or spectators must be present at the event. An event where the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limit is not a speed contest.
Vehicle means any transportation device that requires the driver to have in their immediate possession a valid driver’s license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.
B. Abatement of Nuisance Vehicle by Seizure and Forfeiture.
1. Any vehicle used in a speed contest is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
2. Any vehicle used in an exhibition of speed is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
3. Any person or the person’s servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.
C. Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving rise to the nuisance under this section.
D. Seizure of Vehicle.
1. A peace officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(a) The seizure is incident to an arrest or search under a search warrant;
(b) There is probable cause to believe the vehicle was used in violation of this section.
2. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
3. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall, within two business days of the vehicle’ s seizure, send a notice of seizure to the legal owner at the legal owner’s address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of either the registered or legal owner, or the registered or legal owner’s agent, to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.
The notice of seizure shall include the following:
(i) the name, address and telephone number of the agency providing the notice;
(ii) the authority and reason for the seizure;
(iii) a statement that in order to receive their post seizure hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
(iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
(v) A vehicle seized pursuant to this section, where appropriate, may be held as evidence in any proceeding brought by the City Attorney or District Attorney.
E. Forfeiture and Notice of Intended Forfeiture of Vehicle.
1. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.
2. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
3. The notice of intended forfeiture shall be served as follows:
(a) 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 Subsection D.3.
(b) 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 by any one of the following methods:
(i) By leaving a copy during usual business hours at 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;
(ii) 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.
(c) 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.
(d) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
F. Claim Opposing Forfeiture and Court Proceedings.
1. A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim.
2. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the City Attorney. A copy of the petition shall be served upon the claimant.
3. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder or coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.
4. With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
5. Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section.
6. If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection G. The City 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.
G. Disposal of Vehicle and Distribution of Proceeds.
1. In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold or destroyed. The proceeds of sale shall be distributed and appropriated as follows:
(a) To pay costs associated with the towing, storage and release of any vehicle seized under this section;
(b) To pay costs associated with the sale of the vehicle; and
(c) To the lien holder of the vehicle, if any, up to the amount of their interest in the vehicle.
2. The remaining funds shall be distributed as follows:
(a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Subsection E.
(b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
(c) To the general fund.
3. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this section.
4. A forfeited vehicle shall not be sold to the person who was the driver of the vehicle at the time the vehicle was seized.
5. In lieu of forfeiture, a settlement may be negotiated, in which case the proceeds of the settlement shall be distributed and appropriated as follows:
(a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Subsection E.
(b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
(c) To the general fund.
6. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.
H. Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
I. Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
(Added by Ord. No. 175,575, Eff. 11/29/03.)
A. Definitions.
“Authorized public officer” means a public officer authorized under Los Angeles Municipal Code Section 61.07(a).
“Bulky item” means any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle.
“Driver” means any person who drives a motor vehicle.
“Hazardous waste” means any waste as defined in California Health and Safety Code Section 25117.
“Illegal dumping” means the wilful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. “Illegal dumping” does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.
“Solid waste” means all putrescible and non- putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.
“Vehicle” means any transportation device that requires the driver to have in their immediate possession a valid driver’s license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.
B. Abatement of Nuisance Vehicle by Seizure and Forfeiture.
1. Any vehicle used for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this section.
2. Any vehicle used to transport any bulky item, any hazardous waste or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this section.
3. Any person or the person’s servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.
C. Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving rise to the nuisance under this section.
D. Seizure of Vehicle.
1. A peace officer or authorized public officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(a) The seizure is incident to an arrest or search under a search warrant;
(b) There is probable cause to believe the vehicle was used in violation of this section.
2. A peace officer or authorized public officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
3. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The public agency shall send a notice of seizure within two business days of the vehicle’s seizure, to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.
(a) The notice of seizure shall include the following:
(i) the name, address and telephone number of the agency providing the notice;
(ii) the authority and reason for the seizure;
(iii) a statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
(iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
5. A vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the City Attorney or District Attorney.
E. Forfeiture and Notice of Intended Forfeiture of Vehicle.
1. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.
2. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
3. The notice of intended forfeiture shall be served as follows:
(a) By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection D.3.
(b) 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 by any one of the following methods:
(i) By leaving a copy during usual business hours at 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;
(ii) 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.
(c) 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.
(d) If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
F. Claim Opposing Forfeiture and Court Proceedings.
1. A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim.
2. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the City Attorney. A copy of the petition shall be served upon the claimant.
3. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.
4. With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
5. Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section
6. If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection G. The City 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.
G. Disposal of Vehicle and Distribution of Proceeds.
1. In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows:
(a) To pay costs associated with the towing, storage and release of any vehicle seized under this section.
(b) To pay costs associated with the sale of the vehicle.
(c) To the lien holder of the vehicle, if any, up to the amount of the lien holder’s interest in the vehicle.
2. The remaining funds shall be distributed as follows:
(a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Subsection E.
(b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
(c) To the general fund.
3. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.
H. Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
I. Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
(Added by Ord. No. 180,465, Eff. 2/8/09.)
(a) Definitions. As used in this section:
(1) “Gang Injunction” means a court order, in the form of a preliminary or permanent injunction, issued against an identified criminal street gang as an unincorporated association or organization, the provisions of which seek to enjoin the gang’s nuisance activities in a delineated geographic area known as the “Safety Zone”.
(2) “Gang Member” means a member of a “criminal street gang” as that term is defined in Penal Code section 186.22, subdivision (t).
(3) “Legal Owner” means the “legal owner” of a vehicle as defined in Vehicle Code section 370.
(4) “Registered Owner” means the “registered owner” of a vehicle as defined in Vehicle Code section 505.
(5) “Safety Zone” means a geographic area delineated in any gang injunction within which a gang’s nuisance activities are to be enjoined.
(6) “Vehicle” means any transportation device that would require a driver of the vehicle to have in their immediate possession a valid driver’s license for the appropriate class of vehicle.
(b) Circumstances in Which Vehicle Becomes Nuisance Subject to Seizure and Forfeiture. A vehicle used in any of the following circumstances is a nuisance that shall be enjoined and abated as provided in this section:
(1) Any vehicle used within the City by one or more gang members for the purpose of the commission of any of the offenses listed in Penal Code section 186.22, subdivision (e), except for the offenses listed in subdivision (e)(4) (relating to the sale, transportation and manufacture of controlled substances).
(2) Any vehicle used within a Safety Zone in which a gang member who is subject to and has notice of the Gang Injunction is:
(A) Present with another known gang member in violation of the Gang Injunction; or
(B) Present and in actual or constructive possession of graffiti tools in violation of the Gang Injunction; or
(C) Present and transporting, concealing, or storing a firearm or any ammunition, the possession of which would be a violation of the Gang Injunction.
(c) Title to Vest in the City. All right, title and interest in any vehicle used in any of the circumstances described in subsection (b) shall vest in the City upon commission of the act giving rise to the nuisance.
(d) Seizure of Vehicle.
(1) A peace officer may seize a vehicle for forfeiture upon the issuance of an order by a court having jurisdiction of the vehicle.
(2) A peace officer may seize a vehicle for forfeiture without a court order when:
(A) The seizure is incident to an arrest or a search conducted pursuant to a search warrant; or
(B) There is probable cause to believe that the vehicle is being used in any of the circumstances described in subsection (b).
(3) A peace officer seizing a vehicle under this section shall complete a vehicle report and deliver it to the person from whose possession the vehicle was seized.
(e) Post-Seizure Investigation and Notice to Registered and Legal Owners.
(1) Upon seizure of a vehicle under this section, the seizing agency shall immediately conduct an investigation as to any registered owner and any legal owner of record with the Department of Motor Vehicles of this or any other state or appropriate federal agency.
(2) If the agency finds that any person is the registered or legal owner, and that such ownership or interest did not arise subsequent to the date and time of seizure of the vehicle or notification of the forfeiture proceedings, the agency shall send the following to each such person at their address, as it appears in the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency, within three (3) business days of the vehicle’s seizure:
(A) A Notice of Seizure, which shall include the name, address and telephone number of the agency providing the notice as well as the authority and reason for the seizure; and
(B) Information about the availability of a post-seizure hearing, which shall include a statement that in order to receive a post-seizure hearing, the owner, or the owner’s attorney or agent, must request the hearing in person, or in writing, or by telephone within ten (10) calendar days of the date of the Notice; and
(C) Information about how to file a claim, which shall include the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed; and
(D) A claim form.
(f) Post-Seizure Hearing.
(1) When requested, the post-seizure hearing shall be. conducted within three (3) business days of the seizing agency’s receipt of the request for such a hearing. The agency may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who seized or directed the seizure of the vehicle. The hearing also may be conducted by a City Attorney hearing officer designated to conduct such hearings.
(2) The vehicle shall be retained upon a determination of probable cause that the vehicle was used in one or more of the circumstances described in subsection (b).
(3) Failure of either the registered owner or legal owner, or their attorney or agent, to request or attend a scheduled post-seizure hearing within the appropriate time frame shall satisfy any post-seizure hearing requirement.
(4) Notwithstanding a determination of probable cause, the hearing officer has the authority and discretion to direct return of the vehicle to the registered owner pending further action under this section, upon payment of towing, storage and release charges, if the hearing officer is satisfied, considering all reliable and available information, that:
(A) The registered owner is not a gang member; and
(B) The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(C) The registered owner did not authorize or negligently permit the vehicle to be used in one or more of the circumstances described in subsection (b); and
(D) The vehicle was not previously seized, impounded, or reportedly used in furtherance of any criminal activity while in the possession or control of the registered owner; and
(E) The registered owner relies upon the vehicle for legitimate transportation purposes.
(g) Notice to Interested Persons of Intended Forfeiture of Vehicle.
(1) If the City Attorney determines that the factual circumstances described in subsection (b) warrant forfeiture of the vehicle, the City Attorney shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle as determined pursuant to subsection (e). The Notice shall be served as soon as practicable, but in any event within thirty (30) calendar days of the seizure of the vehicle subject to forfeiture.
(2) The Notice of Intended Forfeiture shall be served by personal delivery, or by certified mail return receipt requested, to the address on record with the Department of Motor Vehicles, or any other address a person entitled to receive service under subsection (e) designates in writing to the City Attorney.
(3) In the event that a person entitled to service under this section cannot be personally served, or the certified return receipt is not received by the City Attorney within ten (10) business days of mailing, substitute service may be accomplished by either of the following methods:
(A) By leaving a copy of the Notice at the address on record with the Department of Motor Vehicles and any other address a person entitled to receive service under subsection (e) designates in writing to the City Attorney, and by mailing a copy to the recipient at the address where the copy was left and any other address designated in writing to the City Attorney; or
(B) By first class mail, if the person entitled to service resides out of state.
(4) Service of the Notice of Intended Forfeiture shall be deemed complete if the recipient acknowledges receipt of the Notice verbally or in writing, or the certified return receipt is received by the City Attorney, or upon completion of personal or substitute service.
(h) Filing of Claims Opposing Forfeiture and Court Proceedings Thereon.
(1) A person claiming an interest in a vehicle seized pursuant to subsection (d) must, within ten (10) calendar days from the date of personal service or mailing of the Notice of the Intended Forfeiture, file with the Superior Court of the County of Los Angeles a Claim Opposing Forfeiture, verified in accordance with Code of Civil Procedure section 446. The Claim shall describe the person’s interest in the vehicle. A copy of the Claim shall be served upon the City Attorney.
(2) If a verified Claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within thirty (30) calendar days from the date the Claim is filed with the court.
(3) The City Attorney shall file a Petition for Forfeiture within ten (10) calendar days of being served with the Claim. The Petition for Forfeiture shall identify the vehicle to be forfeited, state the date and place of the seizure, describe the factual and legal basis for the forfeiture, and state the estimated value of the vehicle.
(4) All discovery shall be completed on or before the fifth calendar day before the hearing date, which date may be extended in the court’s discretion.
(5) The hearing shall be before the Superior Court of the County of Los Angeles. The provisions of the Code of Civil Procedure shall apply to such proceedings unless otherwise inconsistent with the provisions or, procedures set forth in this section. A proceeding under this subsection is a summary proceeding and there shall be no joinder of actions, coordination of actions, or cross-complaints. The issues to be determined shall be limited strictly to those related to this section. Trial shall be by court or jury.
(i) Contested Forfeiture of Vehicle.
(1) Where forfeiture pursuant to this section is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used in one or more of the circumstances described in subsection (b).
(2) Upon proof that the vehicle was used in any of the circumstances described in subsection (b), the court shall:
(A) Declare the vehicle a nuisance; and
(B) Order that the vehicle be forfeited and sold, and that the proceeds from the sale be distributed in accordance with subsection (n); or
(C) If the vehicle was returned to the registered owner pursuant to subsection (f)(4), that it be seized, forfeited and sold, and that the proceeds from the sale be distributed in accordance with subsection (n).
(j) Return to Innocent Owner. Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances described in subsection (b), the vehicle shall not be subject to forfeiture and shall be returned to the registered owner, upon payment of towing, storage and release charges, if the registered owner establishes by a preponderance of the evidence that all of the following circumstances exist:
(1) The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(2) The registered owner did not know that the vehicle was to be used in one or more of the circumstances described in subsection (b); and
(3) The registered owner was not negligent in allowing the vehicle to be used in one or more of the circumstances described in subsection (b).
(k) Detention In Lieu of Forfeiture.
(1) Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances described in subsection (b), the court may, in lieu of forfeiture, order that the vehicle be detained for a period of not less than thirty (30) days and not more than one-hundred-twenty (120) days, if the court finds by a preponderance of the evidence that:
(A) The vehicle is the only vehicle available to members of the registered owner’s household; and
(B) Forfeiture of the vehicle would cause significant hardship to a household member who relies upon the vehicle for transportation for legitimate purposes; and
(C) If released to the registered owner, the vehicle is unlikely to be used in further violation of this section in the future.
(2) If the court orders the vehicle detained pursuant to this subsection, the registered owner may reclaim the vehicle upon expiration of the detention period and payment of tow, storage and release charges.
(l) Stolen Vehicles. A vehicle that has been reported stolen prior to its seizure under this section shall not be subject to forfeiture under this section, unless the identity of the registered owner cannot be reasonably ascertained, or the registered owner fails to redeem the vehicle within sixty (60) days of the seizure. The registered owner of the vehicle may claim the vehicle, upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.
(m) Uncontested Forfeiture of Vehicle.
(1) Where forfeiture pursuant to this section is not contested, the City Attorney shall have the authority to declare the vehicle forfeited under this section.
(2) If no Claims are timely filed, the City Attorney shall prepare a written Declaration of Forfeiture of the vehicle to the City. A written Declaration of Forfeiture signed by the City Attorney or the City Attorney’s duly authorized designee shall be deemed to vest good and sufficient title to the forfeited vehicle in the City. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with subsection (n)(1). The City Attorney shall mail or otherwise provide a copy of the Declaration of Forfeiture to any person who received notice of the forfeiture proceedings pursuant to this section.
(n) Disposal of Vehicle and Distribution of Proceeds.
(1) In any case in which a vehicle seized pursuant to this section is forfeited to the City, the vehicle shall be sold, unless a settlement is reached with the registered owner of the vehicle. All proceeds from the sale, or if cash is paid as settlement in lieu of forfeiture of the vehicle, shall be distributed and appropriated in the order of priority listed below:
(A) To pay costs associated with the towing, storage and release of the vehicle; and then
(B) To pay costs associated with the sale of the vehicle; and then
(C) To the legal owner of the vehicle, if any, up to the amount of the legal owner’s interest in the vehicle; and then
(D) To the City’s general fund.
(2) In a contested forfeiture proceeding pursuant to subsection (i), the court may make a different distribution of the proceeds in the interest of justice, including a distribution to a person or entity other than a registered or legal owner of the vehicle who can prove by clear and convincing evidence an interest in the vehicle, up to the amount of that person’s provable interest, but only if such person or entity has provided the court with proof of their claimed interest before the court makes a final disposition regarding the vehicle.
(3) For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue to the general fund.
(o) Recovery of Monetary Loss. Nothing in this section shall preclude a vehicle owner or lienholder who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person or persons who committed the act giving rise to the forfeiture.
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