§ 40-17. Order of forfeiture.

(a) In general.

(1) If the court determines that the vehicle should be forfeited, the court shall order the vehicle forfeited to the City.

(2) 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 shall order that the vehicle be released within 5 days to the secured party of record.

(b) Disposition of vehicle subject to security interest.

(1) The secured party:

(i) shall sell the vehicle in a commercially reasonable manner; and

(ii) may not sell the vehicle to the owner or other person from whom it was seized.

(2) The proceeds of the sale shall be applied as follows:

(i) to the court costs of the forfeiture proceedings;

(ii) to the balance due to the secured party, including all reasonable costs incident to the sale;

(iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and

(iv) to the general funds of the City.

A vehicle that has been ordered forfeited to the City may be:

(1) sold as provided in City Code Article 31, Subtitle 31, Part 5;

(2) transferred to a charitable organization for export abroad, as provided in City Code Article 31, § 31-58(c); or

(3) destroyed.