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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 />the vehicle was used for one or more of the nuisance purposes set forth <br />herein, that the vehicle is a public nuisance and ordering the vehicle be <br />forfeited, sold, and the proceeds distributed as set forth herein. A copy of <br />the petition of forfeiture shall be mailed to each person filing a Claim <br />Opposing Forfeiture. <br /> <br />Sec. 10-607. <br /> <br />Claim opposing forfeiture. <br /> <br />(a) A person opposing an Order of Forfeiture for a vehicle seized <br />pursuant to this chapter must file a Claim Opposing Forfeiture. <br /> <br />(b) If the Order of Forfeiture was served by personal or substitute <br />service, the time for filing a Claim Opposing Forfeiture is ten calendar <br />days. <br /> <br />(c) If the Order of Forfeiture was served by publication, the time for filing <br />a Claim Opposing Forfeiture is 30 calendar days from the date of first <br />publication of the Order of Forfeiture. <br /> <br />(d) If the last day to file a Claim Opposing Forfeiture falls on a day that <br />Police Department is closed, then the Claim Opposing Forfeiture must be <br />filed no later than the close of business on the next business day for the <br />city. <br /> <br />(e) The provisions of California Code of Civil Procedure section 1013 <br />shall apply to this service of the Order of Forfeiture pursuant to this <br />section. <br /> <br />(f) Each person filing a Claim Opposing Forfeiture must state what <br />ownership interest they have in the vehicle. <br /> <br />(g) All Claims Opposing Forfeiture must be filed with the Office of the <br />Chief, Santa Ana Police Department. <br /> <br />(h) With respect to vehicles for which forfeiture is sought and as to <br />which forfeiture is contested, the City Attorney shall have the burden of <br />proving by a preponderance of the evidence that the vehicle was used in <br />violation of this chapter. <br /> <br />7 <br />11 B-7 <br />
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