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EJC:adg <br />8/21/78 <br /> <br />ORDINANCE NO. NS- 1452 <br /> <br />ORDAIN AS <br />Municipal <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING <br />SECTIONS 12-104 and 12-105 OF THE SANTA ANA <br />MUNICIPAL CODE RELATING TO ACTION BY THE CITY <br />COUNCIL AND CITY ATTORNEY UPON FINDING LEWD <br />FILMS AND THEATERS AS CONSTITUTING A PUBLIC <br />NUISANCE AND ADDING SECTION 12-106 RELATING TO <br />ASSESSMENT FOR CQSTS OF ABATEMENT. <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ~qA DOES <br />FOLLOWS: <br /> <br />SECTION 1: That Section 12-104 of the Santa Ana <br />Code, is hereby amended to read as follows: <br /> <br />Sec. 12-104. 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 <br />City of Santa Ana, the city council, in applying <br />the provisions of this article to such nuisance, <br />shall provide for the following by resolution: <br /> <br />(a) Declare the fact that such nuisance <br /> exists; <br /> <br />(b) <br /> <br />Set forth the description or legal <br />description and street address of the <br />real property which constitutes the <br />nuisance; <br /> <br />(c) <br /> <br />Set forth a statement of facts upon which <br />the city council declaration of nuisance <br />is based; <br /> <br />(d) <br /> <br />Order the revocation of all licenses <br />and permits which have been issued as <br />a part of the operation of such busi- <br />ness, subject to confirmation by the <br />court in the judicial proceedings re- <br />quired herein. Criminal proceedings <br />for transacting business without a <br />license at such address shall not be <br />filed until the order of license revo- <br />cation by the city council has been <br />confirmed by judicial order; <br /> <br />(e) <br /> <br />Order the city attorney to give written <br />notice under Penal Code section 373a to <br />all persons named in section 12-103(a) <br />hereof to abate such public nuisances <br />immediately, by terminating the exhibi- <br />tions of such lewd film or films, or <br />causing the same to be terminated; <br /> <br />(f) <br /> <br />Order the city attorney to proceed as <br />directed in section 12-105 hereof and <br />do all things necessary to abate such <br />public nuisance through judicial pro- <br />ceedings and to conclude such proceed- <br />ings as expeditiously as is permissible <br />under the law; <br /> <br /> <br />