A. Except as provided in subsection H of this section, or Section 8.39.100, if the City Attorney determines that the factual circumstances warrant that the Vehicle described in Section 8.39.020 is subject for forfeiture, the City Attorney shall file a petition for forfeiture with the Superior Court of San Bernardino County.
B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case within six (6) months of the seizure of the Vehicle which is subject to forfeiture.
C. Within thirty (30) days from the seizure, the City Attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as notice stating that any interested party may file a verified claim with the Superior Court in San Bernardino County, to be served by personal delivery or by registered mail upon any person who has an interest in the Vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 8.39.090 and directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in San Bernardino County. The City Attorney shall provide notice of the proceedings under this subsection, including the following information:
1. A description of the Vehicle;
2. The date and place of seizure;
3. The violation of law alleged with respect to forfeiture of the property;
4. The instruction for filing and serving a claim with the City Attorney pursuant to section 8.39.090 and time limits for filing a claim.
D. An investigation shall be made by the San Bernardino Police Department as to any claimant to the Vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the San Bernardino Police Department finds that any person, other than the registered owner, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the Vehicle, it shall immediately send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal agency.
E. All notices shall set forth the time within which a claim of interest in the Vehicle seized or subject to forfeiture is required to be filed pursuant to Section 8.39.090.
F. With respect to a Vehicle described in Section 8.39.020 for which forfeiture is sought and as to which forfeiture is contested, the City of San Bernardino shall have the burden of proving by a preponderance of the evidence that the Vehicle was used as set forth in Section 8.39.020. Trial shall be before the court or by jury. The presiding judge of the Superior Court shall assign the action brought pursuant to this Chapter for trial.
G. Upon proof by a preponderance of the evidence that the Vehicle was used for any of the purposes set forth in Section 8.39.020 of this Chapter, the court shall declare the Vehicle a nuisance and order that the Vehicle be seized, if not previously seized and held by the Police Department, forfeited and sold and the proceeds distributed in accordance with this Chapter.
H. If no claims are filed, the City Attorney shall prepare a written declaration of forfeiture of the Vehicle to the court and dispose of the Vehicle in accordance with this Chapter. 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 City Attorney shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
I. If a claim is timely filed, then the City Attorney shall file a petition for forfeiture pursuant to this section within thirty (30) days of the receipt of the claim.