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NS-1325
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Last modified
1/3/2012 1:04:44 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1325
Date
10/4/1976
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ORDINANCE NO. NS-1325 <br />PAGE THREE <br /> <br /> (C) Set forth a statement of facts upon which the <br />City Council declaration of nuisance is based; <br /> <br /> (D) O~der the revocation of all licenses and permits <br />which have been issued as a part of the operation of such busi- <br />ness, subject to confirmation by the Court in the judicial pro- <br />ceedings required herein. Criminal proceedings for transacting <br />business without a license at such address shall not be filed un- <br />til the order of license revocation by the City Council has been <br />confirmed by judicial order; <br /> <br /> (E) Order all persons named in Section 12-103 (A) <br />hereof to summarily abate such public nuisances immediately, by <br />terminating the exhibitions of such lewd film or films, or causing <br />the same to be terminated, and voluntarily surrendering possession <br />of the same to the court having jurisdiction of the legal proceed- <br />ings brought by the City Attorney, pursuant to the provisions of <br />this ordinance, and notifying the City Clerk and City Council of <br />compliance therewith by sworn affidavit; <br /> <br /> (F) Order the City Attorney to proceed as directed in <br />Section 12-105 hereof and do all things necessary to abate such <br />public nuisance through judicial proceedings and to conclude such <br />proceedings as expeditiously as is permissible under the law; <br /> <br /> (G) Inform and give notice to persons named in Section <br /> 12-103 (A) that: <br /> <br /> (1) The City Council has determined that a public <br /> nuisance presently exists at such place and address, and has re- <br /> voked the licenses and permits at that place, subject to Court <br /> confirmation, and that, under Section 12-103 (A) hereof, they <br /> are deemed to have knowledge thereof and are responsible therefor; <br /> <br /> (2) The City Council has ordered the City Attorney, <br /> as provided for under Section 12-105 hereof, to commence legal <br /> proceedings naming such persons as defendants in a civil action <br /> to abate the same judicially under Civil Code section 3494 and <br /> Code of Civil Procedure section 731, and to seek recovery in said <br /> action of the costs of abatement, including investigative costs, <br /> Court costs, attorney's fees, and other expenses; <br /> <br /> (3) All lewd motion picture films being used in con- <br />ducting and maintaining such public nuisances are considered to be <br />contraband and the subject of forfeiture; and <br /> <br /> (4) From and after service on the place or its <br />manager or acting manager, or person then in charge of such place, <br />of a certified copy of this ordinance and a certified copy of such <br />Resolution, any and all moneys paid as admission price to or for <br />the exhibition or exhibitions of such lewd motion picture films <br />are considered to be a public nuisance, as personal property used <br />in conducting and maintaining such nuisance and, that a forfeiture <br />of the same will be requested in the judicial proceedings required <br />herein. <br /> (H) Order that a certified copy of said Resolution and <br />a certified copy of this ordinance be delivered forthwith in any <br />manner normally used to effectuate personal service of process <br />as directed in Code of Civil Procedure sections 415.10 through <br />416.90, to all persons of record having any legal or equitable <br />interest in the real property, and to the regular or acting mana- <br />ger or persons in charge of the place therein declared a public <br />nuisance. <br /> <br /> <br />
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