§ 10.48.040. Seizure of vehicle.

A.

Authority for Seizure. A peace officer or authorized public officer of a local law enforcement or governmental agency may seize a vehicle subject to impoundment under this chapter upon the issuance of a seizure order by any court having jurisdiction over the vehicle. Seizure without court order may be made in any of the following circumstances:

1.

The seizure is incident to an arrest or search under a search warrant;

2.

There is probable cause to believe that the vehicle was used in violation of this chapter based upon a reasonable investigation of the facts.

B.

Receipts. A peace officer or authorized public officer of a local law enforcement or governmental agency seizing a vehicle under this chapter shall complete a receipt and deliver it to the person from whose possession the vehicle was seized. Where such a possessor is arrested for a public offense incidental to the vehicle's seizure, then the receipt shall be issued in accordance with California Penal Code Section 1412. For the purposes of this chapter, neither California Penal Code Section 1412 nor any provision of this chapter shall be construed as precluding the delivery of a completed Vehicle Report (CHP 180 Form) as the receipt required by this section. There shall be a presumption affecting the burden of proof that a person to whom a receipt was issued is an owner of the seized vehicle. Said presumption may be rebutted at the post-storage hearing specified in Section 10.48.050.

C.

Investigation. A prompt investigation shall be made by the local law enforcement or governmental agency making the seizure as to any potential claimant to a seized vehicle whose right, title, interest or lien is of record in the department of motor vehicles of this state or any other state or appropriate federal agency.

D.

Towing and Storage—Costs a Lien on Vehicle. The Riverside County sheriff's department and/or building and safety department shall make arrangements for the towing of a seized vehicle and its storage at a facility selected by the director of the transportation and land management agency or that person's designee. Any costs of seizure, impounding, towing, storage and any other related costs shall be obligations of the registered and legal owners of the vehicle and shall constitute a lien on the vehicle.

E.

Seized Vehicles as Evidence. A nuisance vehicle seized pursuant to this chapter, where appropriate, may be held for evidence in any proceeding brought by the district attorney.

F.

No Seizure—Potential Claimant Information. In those instances where a nuisance vehicle subject to this chapter is identified but not seized and the local law enforcement or governmental agency's investigation reveals any potential claimants whose right, title, interest or lien existed prior to the commission of the act giving rise to the nuisance; then the local law enforcement or governmental agency shall provide the name, address, and other identifying information, if any, of each potential claimant to the district attorney.

G.

Seizure Order.

1.

Where sufficient reason under this chapter warrants the seizure and impoundment of a nuisance vehicle and that vehicle has not been seized; the district attorney may proceed by seeking a seizure order in conjunction with the initiation of impoundment proceedings pursuant to this chapter. The seizure order request shall be supported by appropriate affidavit(s) or declaration(s) detailing the factual circumstances giving rise to a nuisance under this chapter. The supporting affidavit(s) or declaration(s) shall be those of the investigating officers of the county who have personal knowledge of the factual circumstances.

2.

Where the district attorney seeks a seizure order, the seizure order shall be sought as soon as practicable, but in no event later than one year from the date of commission of the act giving rise to the nuisance.

3.

Upon sufficient showing of good cause, the court shall issue the seizure order.

4.

A peace officer or authorized public officer shall serve the seizure order. Upon seizure of the vehicle identified in the seizure order, the local law enforcement or governmental agency making the seizure shall provide a copy of the seizure order to the person from whose possession the vehicle was seized. In the event that no one is present at the time of seizure, the local law enforcement or governmental agency making the seizure shall leave a copy of the seizure order at a conspicuous place at the premises where the vehicle was seized.

(Ord. 840 § 4, 2005)