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ordinance No. NS-1287 Page Four (2) The City Council has ordered the City Attorney, as provided for under Section 12-105 hereof, to commence legal proceedings naming such persons as defendants in a civil action to abate the same judicially under Civil Code § 3494 and Code of Civil Procedure ~ 731, as a supplemental remedy to the summary abatement process, authorized by Govern- ment Code ~ 38773 and ordered by the City Council in Section 12-103 hereof and that under subsections (A) and (B) of Sec. 12-104, the costs of abatement of such civil abatement action filed under Civil Code ~ 3494 and Code of Civil Procedure ~731, including investigative costs, court costs, attorney's fees, and other expenses, are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, by separate ordinance, be made a lien against such property and a personal obligation against the theatre operator and property owner. (3) Ail films being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture. (4) From and after service on the theatre or its manager or acting manager, or person then in charge of such place, of a certified copy of this ordinance and a certi- fied copy of such Resolution any and all moneys paid as admis- sion price to such exhibitions are a public nuisance, as personal property used in conducting and maintaining such nuisance and, as such, are the subject of forfeiture. (G) Order that a certified copy of said Resolution and a certified copy of this ordinance be delivered in any manner normally used to effectuate personal service of process as directed in Code of civil Procedure §§ 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. SECTION 5: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 12-104, which said section reads as follows: Sec. 12-104. Action brought Pursuant to Civil Code ~§3494, et al.; Forfeiture to the Gen- eral Fund of the City, Cost of Abate- ment; Manner of Collection. (A) Upon judgment against the operators of the theatre in legal proceedings brought pursuant to Civil Code ~§ 3491 and 3494, and Code of Civil Procedure ~731, an accoun- ting shall be made by such defendant or defendants of all moneys received by them which have been declared to be a public nuis- ance under Section 12-102 (C) of this ordinance. Such moneys or their equivalent shall be forfeited to the general fund of the City of Santa Aha. lowing: (B) The cost of abatement shall include the fol- (1) investigative costs. (2) court costs.