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Ordinance No. NS-1287 <br />Page Five <br /> <br /> (3) reasonable attorney's fees arising out <br />of the preparation for, and trial of the cause, and appeals <br />therefrom. <br /> <br /> (4) printing costs of trial and appellate <br />briefs, and all other papers filed in such proceedings. <br /> <br /> Such cost of abatement is hereby made a special <br />assessment against the parcel of land upon which such nuisance <br />is maintained. Upon its determination in a civil action under <br />Civil Code ~3494 and Code of Civil Procedure ~ 731, such shall, <br />by special ordinance, be made a lien against such property <br />and a personal obligation against the theatre operator and <br />property owner and shall be collected at the same time and <br />in the same manner as ordinary municipal taxes are collected, <br />and shall be subject to the same penalties and the same procedure <br />and sale in the case of delinquency as provided for ordinary <br />municipal taxes. All laws, applicable to the levy, collection <br />and enforcement of municipal taxes, shall be applicable to <br />such special assessment. <br /> <br /> SECTION 6: That the Santa Ana Municipal Code, is <br />hereby amended by adding a section, to be numbered 12-105, <br />which said section reads as follows: <br /> <br />Sec. 12-105. Action to be Taken by City Attorney. <br /> <br /> Upon a specific finding by Resolution of the City <br />Council of the fact that a public nuisance exists at a particular <br />location, the City Attorney shall: <br /> <br /> (A) Not later than ten days after passage of said <br />resolution, commence legal proceedings under Civil Code ~ <br />3491 and 3494 and Code of Civil Procedure §731, by the filing <br />of a civil action seeking the following relief: <br /> <br /> (1) A Declaratory Judgment that the motion <br />picture or pictures named by the City Council are lewd films. <br /> <br /> (2) A Declaratory Judgment that the films <br />found to be lewd are public nuisances under this ordinace <br />and such Resolution. <br /> <br /> (3) A Declaratory Judgment that the place <br />named by the City Council where the film or films are being <br />exhibited is a public nuisance under this ordinance and such <br />Resolution. <br /> <br /> (4) An accounting of all moneys paid as admis- <br />sion price to the operators of the theatre from and after <br />the time the persons maintaining said nuisance receive notice <br />of the finding by the City Council that the public nuisance <br />exists, and a Declaratory Judgment that such moneys are a public <br />nuisance under this ordinance. <br /> <br /> (5) An Order that all admission price moneys <br />derived from the showing of the named lewd film or films and <br />enumerated in the Court ordered accounting be forfeited to <br />the general fund of the City of Santa Ana as contraband. <br /> <br /> <br />