The registered owner of a vehicle or, for a leased or rented vehicle, the lessee or renter, as identified on the lease or rental agreement, is prima facie responsible for any waste or other material transported in or disposed of from that vehicle. City Code, 1976/83, art. 11, §136(3rd sen.) Ord. 99-548 Ord. 08-044 Ord. 11-478

Except as provided in subsection (b) of this section, any vehicle used for or in connection with disposing waste or other material in violation of this subtitle is subject to seizure and forfeiture. A vehicle may not be forfeited under this subtitle solely because of an act or omission by a person other than the vehicle’s owner committed or omitted:while the vehicle was unlawfully in that other person’s possession; or while the vehicle was lawfully in that other person’s possession, but the owner can establish by a preponderance of the evidence that the violation of this subtitle was committed without the owner’s actual knowledge. Ord. 08-044

A police officer need not have a warrant to seize a vehicle if:the police officer has probable cause to believe the vehicle has been used in violation of this subtitle; and a warrant is not constitutionally required under the circumstances. Whenever a police officer seizes a vehicle under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. A vehicle seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. Ord. 08-044

Promptly after seizure, the Police Department must notify the City Solicitor in writing of the facts and circumstances supporting the seizure. On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure. If the Solicitor finds sufficient evidence that the vehicle was used in violation of this subtitle, the Solicitor must notify the vehicle’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor must surrender the vehicle to the owner on the owner’s request. Ord. 08-044

If the Solicitor determines that the vehicle should be forfeited, the Solicitor must, within 90 days after the seizure of the vehicle:petition the Circuit Court for Baltimore City in the name of the City against the vehicle, as designated by make, model, year, and motor or serial number; and at the same time, send by registered or certified mail and by first class mail to the owner and any known secured party:copies of the petition; and a notice of the time and place for a response to be filed. The petition for forfeiture must contain:the name of the registered owners of the vehicle; the name of any secured party; a statement of the facts and circumstances surrounding the seizure of the vehicle; a statement of the specific grounds for forfeiture; and a request that the vehicle be forfeited to the City. Within 7 days of the petition’s filing, the Solicitor must publish notice of the seizure and forfeiture proceeding in 1 or more newspapers published in the City. The notice must:state the substance and object of the forfeiture petition; and state that any person claiming an interest in the seized vehicle must file a defense to the petition within 15 days of the date of the notice. Ord. 08-044

Any defense to the petition must be filed within 15 days after publication of the notice. All defenses to a petition for forfeiture must be made by answer. The answer must:comply with the Maryland Rules of Procedure as to form and contents; be divided into numbered paragraphs, each containing a separate and distinctive averment; and respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. Ord. 08-044

If the owner of the seized vehicle wants to repossess it before the petition is decided, the Clerk of the Circuit Court must have an appraisal made. The appraisal must be in writing, under oath, to the Clerk of the Circuit Court. When the appraisal is filed, the owner may post a bond, payable to the City, in an amount equal to:all court costs that may accrue; plus the greater of:the appraised value of the vehicle; the aggregate amount of the liens on the vehicle, as shown in the records required by law for the notice or perfection of liens; or $500. The bond must have security approved by the Clerk and be conditioned for performance on the final judgment of the Circuit Court. If a petition for forfeiture has been filed, the bond must be filed in the Circuit Court for Baltimore City. If the court directs that the vehicle be forfeited, judgment may be entered against the obligors on the bond, without further or other proceeding, to be discharged by the payment of the appraised value of the vehicle and court costs, on which judgment execution may be issued. Ord. 08-044

If the court determines that the vehicle should be forfeited, the court must order the vehicle forfeited to the City. If, however, the court determines that the vehicle is subject to a bona fide recorded security interest created without the knowledge that the vehicle was being or was to be used in violation of this subtitle, the court must order that the vehicle be released within 5 days to the secured party of record. The secured party must sell the vehicle in a commercially reasonable manner. Any sale ordered under this section must be made for cash and must vest in the purchaser a clear and absolute title to the vehicle. The proceeds of the sale must be applied as follows:to the court costs of the forfeiture proceedings; to the balance due to the secured party, including all reasonable costs incident to the sale; to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and to the general funds of the City. Any vehicle that has been ordered forfeited to the City may be:sold as provided in City Code <cite data-path="|31">Article 31</cite>, Subtitle 31, Part 5; or destroyed. The proceeds of any bond posted to regain possession of the vehicle must be applied as provided for proceeds of sale under subsection (b)(3) of this section. Ord. 08-044

If, after a full hearing, the court determines that the vehicle should not be forfeited, the court must order the vehicle released. Ord. 08-044