A. In addition to any criminal action which may be taken, any authorized officer may seize the items offered for sale contrary to Sections 5.04.495 and 5.04.496 and hold said items pending a hearing before the City Clerk or his or her designee. Said hearing must be held within thirty (30) days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of the hearing may be posted at the location where the items were offered for sale.
B At the hearing the City Clerk or his or her designee shall determine whether a business registration certificate pursuant to this Chapter has been issued. If he or she determines that such certificate has not been issued he or she may destroy or otherwise dispose of the items or may return such items to the seller upon the payment of all costs of the seizure and hearing by the seller. If there is a dispute over the value of the seized items, between the seizing officer and the seller, the City Clerk or his or her designee shall make a determination of the value of the seized items based upon the evidence presented at the hearing.
C. If the seized items have a value greater than $100.00, the seller may appeal the decision of the City Clerk or his or her desginee to the Common Council pursuant to Chapter 2.64. For seized items that have a value of $100.00 or less, the decision of the City Clerk or his or her designee shall be final.
D. If the items seized are evidence in a criminal proceeding they shall not be returned or destroyed pending release by the appropriate authorities. If the items seized are perishable, the City may donate the property to any bona fide charitable organization provided that said donation is in conformance with the requirements of Health and Safety Code Section 113740(b) as interpreted by the San Bernardino County Department of Public Health, or the City may otherwise dispose of the perishable items. If the seller waives his or her right to a hearing pursuant to this section, then the goods may be immediately destroyed or otherwise disposed of by the City. If the seller or his or her agent does not appear for the hearing provided for in this section the items shall be deemed abandoned and may immediately be disposed of as other surplus City property. Any animals seized pursuant to this section shall be impounded or returned pursuant to Title 6.
E. As used in this section "officer" or "authorized officer" shall mean any police officer of the City of San Bernardino, any of the officers specified in Section 9.90.010A.7 of this Code with regard to animals, and any of the officers specified in Section 9.90.010.A.5, Section 9.90.010.A.6, and Section 9.90.010.A.8.
F. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the City Clerk or his or her designee, or the Common Council, shall be commenced no later than the ninetieth day after the date said decision is adopted.
(Ord. MC-1141, 4-22-04; Ord. MC-817, 1-07-92)