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Ordinance NO. NS-1287 <br />Page Three <br /> <br />legally or equitably, lease, maintain, manage, conduct, or <br />operate a place in the City of Santa Ana which is declared <br />to be a public nuisance as set forth and stated in Sub- <br />section (A) of this Section 12-102 is deemed to be a person who <br />has knowledge of such nuisance for the purpose of this <br />ordinance and is, thereafter, responsible for its mainte- <br />nance, and shall be liable therefor. <br /> <br /> (E) The places and subject matter declared to be <br />public nuisances under Subsections (A) through (C) of <br />this section shall be abated pursuant to Government Code <br />~S 38773 and 38773.5, Code of Civil Procedure S731, <br />and Civil Code ~§ 3491 and 3494, as provided for herein. <br /> <br /> SECTION 4: That the Santa Ana Municipal Code is <br />hereby amended by adding a section, to be numbered 12-103, <br />which said section reads as follows: <br /> <br />Sec. 12-103. Action to be Taken by City Council. <br /> <br /> Upon a specific finding that a public nuisance, as <br />defined in Section 12-102 hereof, exists in the City <br />of Santa Aha, the City Council, in applying the provisions <br />of this ordinance to such nuisance, shall provide for the <br />following by Resolution: <br /> <br />(A) Declare the fact that such nuisance exists. <br /> <br /> (B) Set forth the description or legal description <br />and street address of the real property which constitutes <br />the nuisance. <br /> <br /> (C) Set forth the evidentiary facts considered by <br />the City Council in arriving at its factual determination <br />that a lewd film or films, as defined in Section 12-101(A) hereof, <br />are publicly exhibited or possessed for exhibition at such <br />real property and are public nuisances as declared herein, <br />including a recitation of the particular sexual conduct and <br />acts which the City Council finds are patently offensive. <br /> <br /> (D) Order all persons named in Section 12-102 (D) hereof <br />to summarily abate such public nuisances immediately, by <br />terminating the exhibitions of such lewd film or films, or <br />causing the same to be terminated, and voluntarily sur- <br />rendering possession of the same to the court having juris- <br />diction of the legal proceedings brought by the City <br />Attorney, pursuant to Sections 12-103 (E) and 12-105 of this ordi- <br />nance, and notifying the City Clerk and City Council of <br />compliance therewith by sworn affidavit, as authorized by <br />Government Code ~ 38773, and as ordered by the action of <br />the City Council in such resolution. <br /> <br /> (E) Order the City Attorney to proceed as directed <br />in Section 12-105 hereof and do all the things directed therein <br />and do all things necessary to abate such public nuisance <br />through judicial proceedings and to conclude such proceedings <br />as expeditiously as is permissible under the law, including <br />requesting the court to advance such proceedings on the <br />calendar of the court. <br /> <br /> (F) Inform and give notice to persons named in <br />Section 12-102(D) that: <br /> <br /> (1) The City Council has determined that a <br />public nuisance presently exists at such place and address, <br />and that, under Section 12-102 (D) hereof, they are <br />deemed to have knowledge thereof and are responsible <br />therefor. <br /> <br /> <br />