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NS-2679
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Last modified
1/3/2012 1:00:54 PM
Creation date
3/16/2005 9:21:10 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2679
Date
3/7/2005
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<br />(b) Any vehicle used to acquire or in an attempt to acquire a controlled substance, is <br />declared to be a public nuisance and shall be enjoined and abated as provided herein. <br /> <br />(c) Any person or his or her servant, agent, or employee who owns, leases, <br />conducts or maintains any vehicle used for any of the purposes or acts set forth in this <br />section is responsible for creating a public nuisance. <br /> <br />Sec. 10-602. <br /> <br />Seizure of vehicles. <br /> <br />(a) A peace officer may seize a vehicle subject to forfeiture under the following <br />circumstances: <br /> <br />(1 ) <br />the vehicle. <br /> <br />Upon the issuance of a forfeiture order by a court having jurisdiction over <br /> <br />(2) Incident to an arrest for any offense related to the illegal activities <br />described in section 1 0-601 (a) or section 10-601(b). <br /> <br />(3) Incident to a valid search warrant for any offense related to the illegal <br />activities described in section 10-601 (a) or section 10-601 (b). <br /> <br />(4) When there is probable cause to believe the vehicle was used in violation <br />of this chapter. <br /> <br />(b) A peace officer seizing a vehicle under this section shall complete a receipt in <br />accordance with Penal Code section 1412 and deliver it to the person from whose <br />possession the vehicle was seized. <br /> <br />Sec. 10-603. <br /> <br />Title to vest in the City of Santa Ana. <br /> <br />Subject to the provisions of this chapter, all rights, title and interest in any vehicle shall <br />vest in the City of Santa Ana immediately upon commission of the act giving rise to the <br />public nuisance as described herein. Unless a vehicle is released as a result of a post- <br />seizure hearing, a vehicle seized shall be impounded for 30 days regardless of <br />ownership and subject to disposition as provided herein. <br /> <br />Sec. 10-604. Seizure, impoundment, notice, and post-seizure hearing procedure. <br /> <br />(a) Except as provided herein, all vehicles seized shall be impounded for not less <br />than 30 days. If the Police Chief does not order a vehicle forfeited it shall be released to <br />the registered owner(s), legal owner(s) or to an authorized agent subject to the payment <br />of fees and costs arising from impoundment. <br /> <br />(b) Within two business days following the day of seizure of the vehicle, the Police <br />Department shall send notice of seizure and impoundment by certified mail, return <br />receipt requested, to each registered and legal owner of the vehicle at the address as <br /> <br />Ordinance NS-2679 <br />Page 3 of 9 <br />
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