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