§ 9.94.060  ACTION TO BE TAKEN BY CITY COUNCIL.
   Upon a determination that a public nuisance, as defined in §§ 9.94.030 or 9.94.040, exists in the city, the Council, in applying the provisions of this chapter to such nuisance, shall provide for the following by resolution:
   (A)   Declare the fact that such nuisance exists; and
   (B)   Set forth the legal description or street address of the place which constitutes the nuisance; and
   (C)   Set forth a statement of the facts upon which the Council declaration of nuisance is based; and
   (D)   Order all persons described in § 9.94.050 division (A) hereof to summarily abate such public nuisance, by immediately terminating the exhibition, sale or possession for sale of such lewd subject matter or causing the same to be terminated, and voluntarily surrendering possession of such matter to the court having jurisdiction of the legal proceedings brought by the City Attorney, pursuant to the provisions of this chapter, and notifying the City Clerk and Council of compliance therewith by sworn affidavit, as authorized by Cal. Gov't Code § 38773, and as ordered by the action of the Council in such resolution.
   (E)   Inform and give notice to persons designated in § 9.94.050 division (A) that:
      (1)   The Council has determined that a public nuisance presently exists at such place and address, and that they are deemed to have knowledge thereof and are responsible therefor.
      (2)   The Council has ordered the City Attorney to commence legal proceedings naming such persons as defendants, in a civil action to abate the same under Cal. Civ. Code § 3494 and Cal. Civ. Proc. Code § 731, as a supplemental remedy to the summary abatement process, authorized by Cal. Gov't Code § 38773 and ordered by the Council and that under § 9.94.080 the costs of such abatement, including investigative costs, court costs, attorney's fees, and other expenses, will be made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their deter-mination in such court action, will, be made a lien against such property and a personal obligation against the operator of the place and the property owner.
      (3)   All lewd motion picture films or lewd publications being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture; and
      (4)   From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a copy of this chapter and a certified copy of such resolution, any and all moneys paid as admission price to or for the exhibition or exhibitions of such lewd motion picture films, and valuable consideration received for the sale of such lewd publications are a public nuisance, as personal property used in conducting and maintaining such nuisance and, as such, are the subject of forfeiture.
   (F)   Order that a certified copy of the resolution and a copy of this chapter be delivered forthwith in any manner normally used to effectuate personal service of process as directed in Cal. Civ. Proc. Code §§ 415.10 through 416.90, to all persons of record having any legal or equitable interest in the real property, and to the regular or acting manager or person in charge of the place therein declared a public nuisance.
('86 Code, § 9.94.060) (Ord. 3656, passed  - - )