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11B - ORDINANCE NS-2679
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11B - ORDINANCE NS-2679
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Last modified
1/3/2012 4:57:12 PM
Creation date
3/1/2005 11:23:31 AM
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City Clerk
Doc Type
Agenda Packet
Item #
11B
Date
3/7/2005
Destruction Year
2010
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<br />(i) By leaving a copy of the Order of Forfeiture at the registered or <br />legal owner(s) dwelling or usual place of abode, in the presence <br />of a competent member of the household and thereafter mailing <br />by first class mail a copy to the registered or legal owner(s) where <br />the copy was left. <br /> <br />(ii) By leaving a copy of the Order of Forfeiture during usual <br />business hours at the registered or legal owner(s) business <br />address with the person who is apparently in charge and <br />thereafter mailing by first class mail a copy to the registered or <br />legal owner(s) where the copy was left. <br /> <br />(3) If the registered or legal owner(s) lives or is located out of state <br />and will not accept certified return receipt mail, then service may be <br />made by first class mail. <br /> <br />(4) If the registered or legal owner(s) cannot be located, or service <br />cannot be affected as set forth in this subsection, service may be <br />made by publication in a local newspaper of general circulation. <br />Service shall be deemed sufficient when it is accomplished pursuant <br />to Government Code Section 6063. <br /> <br />(c) An Order of Forfeiture shall be served as soon as practicable, but no <br />later than 30 days following the date the vehicle was seized. If the Chief of <br />Police fails to order the forfeiture of the vehicle within the 30 days, the <br />vehicle shall be released to the registered owner(s), legal owner(s) or an <br />authorized agent at the end of the 30 day impoundment subject to the <br />payment of fees and costs arising from impoundment. <br /> <br />(d) If no Claim Opposing Forfeiture is timely filed pursuant to section 10- <br />607, the Chief of Police shall prepare a written declaration of forfeiture of <br />the vehicle to the City and dispose of the vehicle as provided by this <br />chapter. A written declaration of forfeiture signed by the Chief of Police <br />under this chapter shall be deemed to provide good and sufficient title to <br />the purchaser of the forfeited vehicle. A copy of the declaration of <br />forfeiture shall be mailed to the person listed in the receipt given at the <br />time of seizure and to all registered and legal owners of the vehicle. <br /> <br />(e) If a Claim Opposing Forfeiture is timely filed pursuant to section 10- <br />607, then the Chief of Police shall request the City Attorney to file a petition <br />of forfeiture with the Superior Court within 30 days of the receipt of the <br />c1aim(s). The petition of forfeiture shall seek a court order adjudging that <br /> <br />6 <br />11 B-6 <br />
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