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Upon a finding by resolution of the Council of the fact that a public nuisance exists at a particular place, the City Attorney shall:
(A) Forthwith, but not later than 30 days after adoption of the resolution, commence legal proceedings under Cal. Civ. Code §§ 3491 and 3494 and Cal. Civ. Proc. Code § 731, by the filing of a civil action seeking the following relief:
(1) A declaratory judgment that the matter found to be lewd is a public nuisance per se;
(2) A declaratory judgment that the matter found by the Council is lewd, as defined herein;
(3) A declaratory judgment that such place is a public nuisance under this chapter and such resolution;
(4) An accounting of all moneys paid as consideration for, or as admission to, or for the exhibition or exhibitions of such lewd motion picture films, or valuable consideration received for the sale of such lewd publications from and after the time the persons maintaining said nuisance received a copy of the resolution of the Council determining that the public nuisance exists, and a judgment that such moneys or valuable consideration are a public nuisance under this chapter;
(5) An order that all admission price moneys or valuable consideration received and enumerated in the court ordered accounting be forfeited as contraband to the city or as property belonging to the city;
(6) An injunction enjoining and restraining all persons responsible for maintaining the nuisance from possessing or publicly exhibiting the lewd motion picture films, or from selling or possessing for sale the lewd publications, and such other injunctive relief as the court may order;
(7) An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband;
(8) Judgment for the city for all costs therein expended, including investigative costs, court costs, reasonable attorney's fees, and such other expenses as are provided for herein;
(9) All other relief as the court may deem proper.
(B) File a notice of the pendency of the action in the office of the County Recorder, pursuant to Cal. Civ. Proc. Code §§ 405.20 et seq., giving the names of the parties, the object of the action, and a description of the property thereby affected.
('86 Code, § 9.94.070) (Ord. 3656, passed - - )