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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 />shown in the records of California Department of Motor Vehicles or records of the state <br />in which the vehicle is registered, informing the registered and legal owner(s) that the <br />vehicle has been seized, impounded and may be subject to forfeiture. <br /> <br />(c) If a vehicle is impounded for 30 days and thereafter is not claimed by the <br />registered owner(s), the legal owner(s) or an authorized agent, within 30 days of <br />issuance of the notice in 10-604(b), the City will sell the vehicle at lien sale to recover <br />the towing and storage charges related to impoundment, any parking fines, penalties, <br />and administrative fees. <br /> <br />(d) Notwithstanding any other provisions of this chapter, the registered owner(s) and <br />or the legal owner(s) shall be responsible for all towing and storage charges related to <br />impoundment, any parking fines, penalties, and administrative fees incurred by the <br />registered owner. <br /> <br />(e) The City shall not be liable to the registered owner for the release of the vehicle <br />to the legal owner, or the legal owner's agent, provided the legal owner(s) produce <br />documents demonstrating legal ownership of the vehicle at the time of the release. <br /> <br />(f) The public agency seizing the vehicle shall provide any potential claimants <br />discovered as a result of the investigation set out in 1 0-604(b) with the opportunity for a <br />post-seizure hearing to determine the validity of the seizure or to seek an early release <br />of the vehicle based on one of the criteria set forth in section 10-608(a)-(c). The post- <br />seizure hearing shall be conducted within two business days of the request for the <br />hearing. The public agency may authorize its own officer or employee to conduct the <br />hearing if the hearing officer is not the same person who directed the seizure of the <br />vehicle. Failure of the potential claimant to request or attend a scheduled hearing within <br />the appropriate time frame shall satisfy the post-seizure requirement. <br /> <br />Sec. 10-605. Vehicles held as evidence. <br /> <br />A vehicle seized pursuant to this chapter, where appropriate may be held as evidence in <br />any proceeding brought by the District Attorney. <br /> <br />Sec. 10-606. Foñeiture. <br /> <br />Subject to the provisions of this chapter, the Chief of Police may order the forfeiture of a <br />vehicle seized and impounded as follows: <br /> <br />(a) <br /> <br />An Order of Forfeiture shall include: <br /> <br />(1) A statement by the Chief of Police declaring the vehicle forfeited to the City. <br /> <br />(2) A description of the vehicle. <br /> <br />(3) The date and place of seizure. <br /> <br />Ordinance NS-2679 <br />Page 4 of 9 <br />
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