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NS-1452
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Last modified
1/3/2012 1:04:34 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1452
Date
9/18/1978
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ORDINANCE NO. NS- 1452 <br />PAGE THREE , <br /> <br />(h) <br /> <br />Order that a certified copy of said reso- <br />lution and a certified copy of this <br />ordinance be delivered forthwith in any <br />manner normally used to effectuate per- <br />sonal service of process as directed <br />in Code of Civil Procedure Sections <br />415.10 through 416.90 to all persons <br />of record having any legal or equitable <br />interest in the real property and to <br />the regular or acting manager or per- <br />sons in charge of the place therein <br />declared a public nuisance. <br /> <br /> SECTION 2: That section 12-105 of the Santa Ana <br />Municipal Code, is hereby amended to read 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 <br />at a particular location, the city attorney shall: <br /> <br />(a) <br /> <br />Forthwith, but not later than five (5) <br />working days after passage of said <br />resolution, commence legal proceedings <br />under Civil Code Sections 3491 and 3494 <br />and Code of Civil Procedure Section 731, <br />by the filing of a civil action seeking <br />the following relief: <br /> <br />(1) <br /> <br />An order that the motion picture <br />or pictures named by the city <br />council are lewd, as defined herein; <br /> <br />(2) <br /> <br />An order that the place named by the <br />city council where the film or films <br />are exhibited is a public nuisance <br />and that the action taken by the <br />city council to revoke the licenses <br />issued to that place of business <br />was lawful; <br /> <br />(3) <br /> <br />An injunction enjoining and restrain- <br />ing all persons maintaining said <br />nuisance from exhibiting in public <br />the named lewd films at any time in <br />the future in the City of Santa Ana; <br /> <br />(4) <br /> <br />An order that all positive prints of <br />the named lewd films be forfeited as <br />contraband; <br /> <br />(5) <br /> <br />An accounting of all moneys paid as <br />admission price to or for the ex- <br />hibition or exhibitions of such <br />lewd motion picture films from and <br />after the time the persons maintain- <br />ing said nuisance receive a copy of <br />the resolution of the city council <br />finding that a public nuisance exists, <br />and a judgment that such moneys are <br />gain derived from a wrongful act under <br />Civil Code section 2224, and a public <br />nuisance; <br /> <br /> <br />
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