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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 />Sec. 10-609. Recovery of monetary loss. <br /> <br />Nothing herein shall preclude an owner of a vehicle who suffers a monetary loss from <br />the forfeiture of a vehicle under this section from recovering the amount of the actual <br />monetary loss from the person who committed the act giving rise to forfeiture under this <br />chapter. <br /> <br />Sec. 10-610. Disposal of vehicle and distribution of proceeds. <br /> <br />(a) In all cases where vehicles seized pursuant to this chapter are forfeited to the <br />City, the vehicles shall be sold, or otherwise disposed of, the proceeds shall be <br />distributed and appropriated as follows: <br /> <br />(1) To any lender, finance company or lien holder with an interest in the vehicle, if <br />any, up to the amount of security interest in the vehicle. <br />(2) Each department of the city that incurred costs related to the seizure, <br />impoundment, forfeiture and disposal of the vehicle shall be reimbursed. <br />(3) All remaining proceeds shall be distributed to the general fund. <br />(4) The funds distributed to a City Department pursuant to this section shall not <br />supplant any funds that would, in the absence of this section, be' made available <br />to support those departments. <br /> <br />.. . <br /> <br />Sec. 10-611. Alternative settlement procedures. <br /> <br />Any person, or his or her servant, agent or employee who owns, leases, conducts, uses <br />or maintains any vehicle which has been seized in accordance with this chapter may <br />request to execute a voluntary settlement agreement with the City for the return of the <br />vehicle. Such request may be made in writing or verbally to the City Attorney's office. <br />The minimum amount of the settlement fee shall be sufficient to cover all of the City's <br />reasonable administrative costs, including attorney's fees and personnel time for the <br />seizure and forfeiture action. The actual amount shall be at the sole and absolute <br />discretion of the City Attorney. The executed settlement agreement shall be <br />accompanied by the appropriate settlement fee amount in the form of a money order or <br />cashier's check. All settlements funded shall be distributed as set forth in Section 10- <br />610 (a)(2) and (a)(3). <br /> <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Ordinance NS-2679 <br />Page 8 of9 <br />
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