A. Except as provided in subsection G of this section, if the city attorney determines that the factual circumstances do warrant that the vehicle described in Section 8.30.010 is subject to 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 section shall be filed as soon as practicable, but in any case within one year of the seizure of the property which is subject to forfeiture.
C. The city attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the superior court of San Bernardino County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 8.30.080 and directions for the filing and service of a claim.
D. An investigation shall be made by the Yucaipa police department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the Yucaipa 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 forthwith 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 property seized or subject to forfeiture is required to be filed pursuant to Section 8.30.080. Trial shall be before court or jury. The presiding judge of the superior court shall assign the action brought pursuant to this chapter for trial.
F. With respect to vehicles described in Section 8.30.010 for which forfeiture is sought and as to which forfeiture is contested, the city of Yucaipa shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.28.440. Trial shall be before court or jury. The presiding judge of the superior court shall assign the action brought pursuant to this chapter for trial.
G. The city attorney may, pursuant to this subsection, order the forfeiture of vehicles seized under this chapter. The city attorney shall provide notice of the proceedings under this subsection, including:
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 and time limits for filing a claim.
H. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with Section 8.30.090. 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 property. 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.
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. (Ord. 228 § 2, 2004)