9.16.070 Action to be taken by city council.
Upon a specific finding that a public nuisance, as defined in Sections 9.16.030, 9.16.040 and 9.16.050 exists in the city, the city council, in applying the provisions of this chapter to such nuisance, shall provide for the following by resolution:
A. Declare the fact that such nuisance exists.
B. Set forth the description or legal description and street address of the real property which constitutes the nuisance.
C. Set forth a statement of facts upon which the city council’s declaration of nuisance is based.
D. Order the revocation of all licenses and permits which have been issued as a part of the operation of such business, subject to confirmation by the court in the judicial proceedings required in this chapter. Criminal proceedings for transacting business without a license at such address shall not be filed until the order of license revocation by the city council has been confirmed by judicial order.
E. Order the city attorney to give written notice under Penal Code Section 373a to all persons named in Section 9.16.060(A) to abate such public nuisances immediately, by terminating the exhibitions of such obscene motion picture film or films and sale or offering for sale of such obscene motion picture films or publications, or causing the same to be terminated.
F. Order the city attorney to proceed as directed in Section 9.16.080 and do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings, as expeditiously as is permissible under the law.
G. Inform and give notice to persons named in Section 9.16.060 that:
1. The city council has determined that a public nuisance presently exists at such place and address, and has revoked the licenses and permits at that place, subject to court confirmation, and that, under Section 9.16.060, they are deemed to have knowledge thereof and are responsible therefor;
2. The city council has ordered the city attorney, as provided for under Section 9.16.080 to commence legal proceedings naming such persons as defendants in a civil action to abate the same judicially under Civil Code Sections 3494 and 3496 and Code of Civil Procedure Section 731, and to seek recovery in said action of the costs of abatement, including investigative costs, court costs, attorney fees and other expenses and that under Section 9.16.090, the costs of abatement are made a special assessment against the parcel of land upon which the nuisance is maintained, but only against the interest, if any therein, of the person responsible for maintaining such nuisance and, upon their determination by the city council, will by separate resolution, be made a lien against the real property interest of the person responsible for maintaining such nuisance;
3. All obscene motion picture film or films or obscene publications being used in conducting and maintaining such public nuisances are considered to be contraband and the subject of forfeiture;
4. The obscene motion picture film or films or obscene publications which are being used in conducting and maintaining such public nuisance will be needed at the hearing in the court having jurisdiction of the legal proceedings brought by the city attorney, pursuant to Evidence Code Section 1503; and
5. From and after service on the place or its manager or acting manager or person then in charge of such place, of a certified copy of the ordinance codified in this chapter and a certified copy of such resolution, any and all moneys paid as admission price to the exhibition or exhibitions or such obscene motion picture films, and valuable consideration received for the sale of such obscene motion picture films or publications, shall be regarded as being a public nuisance per accidents, as personal property used in conducting and maintaining such nuisance, and as gain derived from a wrongful act, contrary to the provisions of Civil Code Section 2224, and that forfeiture of the same as derivative contraband will be requested in the judicial proceedings required herein.
H. Order that a certified copy of the resolution and a certified copy of the ordinance codified in this chapter be delivered forthwith in any manner normally used to effectuate personal service of process as directed in Code of Civil Procedure Sections 415.10 through 416.90 to all persons of record having any legal or equitable interest in the real property and to the regular or acting manager or persons in charge of the place therein declared a public nuisance. (Ord. 299 §7, 1984).