§ 37-73. Detention of motor vehicles and personal property before filing complaint.

(a)

General . Detention of motor vehicles and personal property before filing a complaint and motion for temporary restraining order is necessary to prevent the removal, destruction and concealment of motor vehicles and personal property to thwart the remedies provided in this article.

(b)

Basis for detention . If the public nuisance abatement coordinator or any police officer determines that there is probable cause to believe that:

(1)

A public nuisance offense has occurred; and

(2)

The public nuisance offense occurred in a motor vehicle, or a motor vehicle or personal property was used to commit, conduct, promote, facilitate or aid the commission of or flight from the public nuisance; and

(3)

The motor vehicle or personal property is capable of being concealed, destroyed, or removed from the city;

Then the public nuisance abatement coordinator or any police officer or sheriff's deputy may detain and impound the motor vehicle or personal property as a public nuisance.

(c)

Prompt declaration of status of detained property . In any case that a motor vehicle or personal property is detained as provided in subsection (b) above, the officer, sheriff's deputy or public nuisance abatement coordinator shall promptly report the detention to the city attorney's office. Within forty-five (45) days of the date the motor vehicle or personal property was detained as a public nuisance, the city attorney's office shall either declare the motor vehicle and personal property available for release, declare the motor vehicle and personal property to be contraband, declare the motor vehicle and personal property to be relevant evidence in a criminal proceeding, or file an action under this article seeking judicial remedies regarding the motor vehicle or personal property. The declarations provided above shall be in writing and shall be made available as a public record at the office of the public nuisance abatement coordinator.

(d)

Persons eligible to claim return of detained property . Any person, except a straw man, claiming any legal or equitable interest or right of possession in any motor vehicle or personal property detained under this section 37-73 may file a motion in the civil action filed under this article III of chapter 37 for return of the detained property. The motion shall be filed, set, served, heard and determined as provided in section 37-77(c) below.

(Ord. No. 481-98, § 1, 7-13-98; Ord. No. 671-04, § 2, 9-20-04; Ord. No. 307-19, § 6, 4-22-19)