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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 />(4) The unlawful act(s) alleged as the basis for forfeiture of the vehicle. <br /> <br />(5) Instructions and a form for filing a Claim Opposing Forfeiture. <br /> <br />(6) The time limits for filing a Claim Opposing Forfeiture. <br /> <br />(7) An estimate of the value of the vehicle. <br /> <br />(b) <br /> <br />The Order of Forfeiture shall be served as follows: <br /> <br />(1) The Order of Forfeiture shall be served by personal delivery or certified mail, <br />return receipt requested, upon all registered and legal owners of the vehicle. <br /> <br />(2) In the event that a registered or legal owner refuses to accept certified return <br />mail or cannot be personally served, service may be made by substituted <br />service. Substituted service may be accomplished by anyone of the following <br />methods: <br /> <br />(i) By leaving a copy of the Order of Forfeiture at the registered or legal <br />owner(s) dwelling or usual place of abode, in the presence of a competent <br />member of the household and thereafter mailing by first class mail a copy to <br />the registered or legal owner(s) where the copy was left. <br /> <br />(ii) By leaving a copy of the Order of Forfeiture during usual business hours at <br />the registered or legal owner(s) business address with the person who is <br />apparently in charge and thereafter mailing by first class mail a copy to the <br />registered or 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 and will not <br />accept certified return receipt mail, then service may be made by first class mail. <br /> <br />(4) If the registered or legal owner(s) cannot be located, or service cannot be <br />affected as set forth in this subsection, service may be made by publication in a <br />local newspaper of general circulation. Service shall be deemed sufficient when <br />it is accomplished pursuant to Government Code Section 6063. <br /> <br />(c) An Order of Forfeiture shall be served as soon as practicable, but no later than <br />30 days following the date the vehicle was seized. If the Chief of Police fails to order <br />the forfeiture of the vehicle within the 30 days, the vehicle shall be released to the <br />registered owner(s), legal owner(s) or an authorized agent at the end of the 30 day <br />impoundment subject to the payment of fees and costs arising from impoundment. <br /> <br />(d) If no Claim Opposing Forfeiture is timely filed pursuant to section 10-607, the <br />Chief of Police shall prepare a written declaration of forfeiture of the vehicle to the City <br />and dispose of the vehicle as provided by this chapter. A written declaration of <br /> <br />Ordinance NS-2679 <br />Page 5 of 9 <br />
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