A. Any person claiming an interest in a vehicle seized pursuant to this chapter shall, not later than ten (10) days from the date of service of the notice of intended forfeiture, file a claim of opposition with the Sacramento city attorney verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. The claim shall be accompanied by the superior court filing fee.
B. If a verified claim is timely filed, the city attorney or district attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the superior court of Sacramento County within thirty (30) days of the receipt of the claim, and by setting the matter for a hearing on a day not less than thirty (30) days therefrom. If a petition for forfeiture and opposition is filed with the court, claimant will receive a filed endorsed copy of the claim; and the petition for forfeiture with the date, time and location of the court hearing.
C. The hearing shall be before the superior court of Sacramento County.
D. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, 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 chapter.
E. With respect to vehicles described in Section 8.14.030 for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.14.030. Trial shall be before the court or jury.
G. If no claims are timely filed in response to the notice issued pursuant to subsection B, the city attorney or the district attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with Section 8.14.070. 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 property. The city attorney or district attorney ordering forfeiture pursuant to this subsection shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings. (Ord. 2003-037 § 1; Ord. 2001-006 §§ 3(a)-(d); Ord. 2000-017 § 2(a); Ord. 99-039 § 1; prior code § 61.19.1906)