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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 FOUR <br /> <br />(6) <br /> <br />An order that all admission price <br />moneys or valuable consideration <br />received and enumerated in the court <br />ordered accounting be forfeited as <br />required by law; <br /> <br />(7) <br /> <br />Judgment for the City of Santa Aha <br />for compensatory and punitive <br />damages and for all costs expended <br />in abating the public nuisance, <br />including investigative costs, <br />court costs, reasonable attorney <br />fees, and such other expenses as <br />are provided for herein; and <br /> <br />Ail other relief as the court may <br />deem proper. <br /> <br />(b) <br /> <br />File a notice of the pendency of the <br />action in the office of the county <br />recorder of the County of Orange, <br />pursuant to Code of Civil Procedure <br />Section 409, giving the names of the <br />parties, the object of the action, and <br />a description of the property thereby <br />affected. <br /> <br /> SECTION 3: That the Santa Ana Municipal Code, is <br />hereby amended by adding a section, to be numbered 12-106, <br />which said section reads as follows: <br /> <br />Sec. 12-106. Action; Cost of Abatement; Collection <br /> <br />(a) <br /> <br />The cost of abatement is hereby declared a <br />special assessment against the parcel of land <br />upon which the public nuisance is maintained, <br />but only against the interest of the person <br />or persons determined in the action to be re- <br />sponsible for maintaining such nuisance. As <br />used herein, the term "cost of abatement" <br />shall include, but is not limited to, the <br />following: (1) Investigative costs; <br />(2) Court costs; (3) Reasonable attorney <br />fees; and (4) Printing costs for any trial <br />and appeal. <br /> <br />(b) <br /> <br />Upon a judgment declaring a public nuisance <br />in any proceedings instituted pursuant to <br />this article, the cost of abatement shall be <br />collected pursuant to the assessment proceed- <br />ings as provided in Article III of Chapter 17 <br />of this code, commencing with Sections 17-40 <br />through 17-43 as the same now reads or as may <br />hereafter be amended. <br /> <br /> SECTION 4: If any section, subsection, sentence, <br />clause, phrase or portion of this ordinance is for any reason <br />held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not <br />affect the validity of the remaining portions of this ordin- <br />ance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each <br /> <br /> <br />
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