The board of supervisors of the county of Los Angeles has determined that use of a motor vehicle in the theft of water:
A. Increases the incidence of theft of water;
B. Increases the difficulty of prevention, investigation and prosecution of theft of water which increases the cost of each to law enforcement and prosecution agencies within the county of Los Angeles;
C. When water is taken from a utility system, increases the cost of water to legitimate customers;
D. Increases the risk of conveying unhealthful water to persons in the community; and
E. Is a public nuisance and the seizure and forfeiture of vehicles that are used for theft of water will abate the nuisances caused by this activity in that the vehicles used for these purposes will no longer be available and furthermore, other persons contemplating engaging in theft of water will be deterred from using vehicles for these purposes. (Ord. 2004-0039 § 1 (part), 2004.)

As used in this chapter the following terms are defined as:
A. “Authorized public officer” is a peace officer with authority to arrest under California Penal Code Sections 830 through 830.14, inclusive or as each of those statutes may be amended or reenacted.
B. “Driver” is any person who drives a vehicle.
C. “Theft of water” includes, but is not limited to, theft, as that term is defined and limited in Section 484 of the California Penal Code, of water, and theft of utility services, as defined and limited in California Penal Code Section 498 where the utility service taken is water service.
D. “Vehicle” is any transportation device that requires the driver to have in his or her immediate possession a valid driver’s license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.
E. “Public agency” is any federal, state or local government agency present in Los Angeles County. (Ord. 2004-0039 § 1 (part), 2004.)

A. Any vehicle used for the purpose of theft of water is a nuisance and the vehicle shall be enjoined and abated as provided in this section.
B. Any vehicle used to transport stolen water is a nuisance and the vehicle shall be enjoined and abated as provided in this section.
C. Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance. (Ord. 2004-0039 § 1 (part), 2004.)

All rights, title and interest in any vehicle described in Section 13.81.030 shall vest in the county of Los Angeles upon commission of the act giving rise to the nuisance under this chapter. (Ord. 2004-0039 § 1 (part), 2004.)

A. An authorized public officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of 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 the vehicle was used in violation of this chapter.
B. An authorized public officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
C. An immediate investigation shall be made by the seizing public agency as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within two business days of the vehicle’s seizure, the public agency shall send a notice of seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure, and to the district attorney for the county of Los Angeles.
D. The notice of seizure shall include the following:
1. The name, address and telephone number of the agency providing the notice;
2. Identifying information for the vehicle seized and the authority and reason for the seizure;
3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and
4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
E. The seizing public agency shall provide any potential claimants discovered as a result of the investigation set out in subsection C of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.
F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the district attorney. (Ord. 2004-0039 § 1 (part), 2004.)

A. Within 14 days of receipt of the notice of seizure required in Section 13.81.050, the district attorney may pursue the forfeiture of vehicles seized under this chapter, as provided in this section. If the district attorney does not commence forfeiture procedures under this section within that 14 day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.
B. If the district attorney determines that forfeiture of the seized vehicle is warranted, the district attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
C. The notice of intended forfeiture shall be served as follows:
1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 13.81.050(C).
2. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; or
b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. (Ord. 2004-0039 § 1 (part), 2004.)

A. A person claiming an interest in the seized vehicle must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a claim opposing forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his, her or its interest in the vehicle. An endorsed copy of the claim shall be served upon the district attorney within ten calendar days of the filing of the claim.
B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The district attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the district attorney. A copy of the petition shall be served upon the claimant.
C. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.
D. With respect to vehicles described in subsection B of this section for which forfeiture is sought and as to which forfeiture is contested, the district attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 13.81.030.
E. Upon proof that the vehicle was used for any of the purposes set forth in Section 13.81.030, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 13.81.080. The court may make a different distribution of the proceeds if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.
F. If no claims are timely filed, the district attorney shall prepare a written declaration of forfeiture of the vehicle to the county. A written declaration of forfeiture signed by the district attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the district attorney shall be distributed in accordance with Section 13.81.080. The district attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. (Ord. 2004-0039 § 1 (part), 2004.)

In all cases where vehicles seized pursuant to this section are forfeited to the county, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and used in decreasing order of priority as follows:
A. To pay costs associated with the towing, storage and release of any vehicle seized under this section;
B. To pay costs associated with the sale of the vehicle;
C. For the vehicle forfeited to pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle;
D. The remaining funds shall be distributed as follows:
1. First, to the district attorney in an amount equal to all expenditures, other than personnel costs or costs provided for in subsections A, B and C of this section, made or incurred in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Section 13.81.060.
2. Second, to the public agency which has seized a vehicle under this chapter in an amount equal to all expenditures, other than personnel costs or costs provided for in subsections A, B and C of this section, made or incurred in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
3. Of any remaining funds, 60% to the seizing public agency, 25% to the district attorney and 15% to the county of Los Angeles general fund, provided that such funds shall be used for the purpose of abating or deterring theft of water and may not be used for personnel costs.
E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue. (Ord. 2004-0039 § 1 (part), 2004.)

A vehicle that has been reported stolen, prior to a seizure under this chapter shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current. (Ord. 2004-0039 § 1 (part), 2004.)

Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section. (Ord. 2004-0039 § 1 (part), 2004.)

From the time the district attorney receives the notice of seizure referred to in Section 13.81.050 to the final decision in forfeiture proceedings the district attorney has discretion to resolve all proceedings under this chapter on such terms as may be, in the judgment of the district attorney, in the best interests of the county of Los Angeles. (Ord. 2004-0039 § 1 (part), 2004.)

If any provision of this chapter is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 2004-0039 § 1 (part), 2004.)