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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 />forfeiture signed by the Chief of Police under this chapter shall be deemed to provide <br />good and sufficient title to the purchaser of the forfeited vehicle. A copy of the <br />declaration of 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 10-607, then the <br />Chief of Police shall request the City Attorney to file a petition of forfeiture with the <br />Superior Court within 30 days of the receipt of the claim(s). The petition of forfeiture <br />shall seek a court order adjudging that the vehicle was used for one or more of the <br />nuisance purposes set forth herein, that the vehicle is a public nuisance and ordering <br />the vehicle be 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 Opposing <br />Forfeiture. <br /> <br />Sec. 10-607. Claim opposing foñeiture. <br /> <br />(a) A person opposing an Order of Forfeiture for a vehicle seized pursuant to this <br />chapter must file a Claim Opposing Forfeiture. <br /> <br />(b) If the Order of Forfeiture was served by personal or substitute service, the time <br />for filing a Claim Opposing Forfeiture is ten calendar days. <br /> <br />(c) If the Order of Forfeiture was served by publication, the time for filing a Claim <br />Opposing Forfeiture is 30 calendar days from the date of first publication of the Order of <br />Forfeiture. <br /> <br />(d) If the last day to file a Claim Opposing Forfeiture falls on a day that Police <br />Department is closed, then the Claim Opposing Forfeiture must be filed no later than the <br />close of business on the next business day for the city. <br /> <br />(e) The provisions of California Code of Civil Procedure section 1013 shall apply to <br />this service of the Order of Forfeiture pursuant to this section. <br /> <br />(f) Each person filing a Claim Opposing Forfeiture must state what ownership <br />interest they have in the vehicle. <br /> <br />(g) All Claims Opposing Forfeiture must be filed with the Office of the Chief, Santa <br />Ana Police Department. <br /> <br />(h) With respect to vehicles for which forfeiture is sought and as to which forfeiture is <br />contested, the City Attorney shall have the burden of proving by a preponderance of the <br />evidence that the vehicle was used in violation of this chapter. <br /> <br />Ordinance NS-2679 <br />Page 6 of9 <br />
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