(a) Declare the fact that such nuisance exists;
(b) Set forth a description or the legal description and street address of the place which constitutes the nuisance;
(c) Set forth the evidentiary facts considered by the Department in arriving at its factual determination, as follows:
(1) In the case of a motion picture film, such facts shall include a recitation of the particular sexual conduct and acts which the Department finds are patently offensive and the basis for the finding by the Department that such film is publicly exhibited in the regular course of business or that such film is publicly or repeatedly exhibited or held for such exhibition at the place declared to be a nuisance.
(2) In the case of a publication, such facts shall include a recitation of the particular publications or types of publications considered by the Department and those which the Department finds to be patently offensive; the basis for the finding by the Department that such publication is displayed, sold or held for sale at any place found by the Department to be a public nuisance; and the basis of the finding by the Department that such publication constitutes a part of the stock in trade of such place of business or other place.
(3) In the case of a massage parlor or model studio, such facts shall include a recitation of the particular acts of lewdness, assignation or prostitution which have occurred and the basis for the finding by the Department that such acts occur in the regular course of business.
(d) Order all persons described in Section 670.06(a) to summarily abate such public nuisance, within twenty-four hours of service of such order on such persons, by terminating the exhibition, sale or possession for sale of such lewd subject matter, by ceasing to use the place where the nuisance is declared to exist, by terminating the use of such premises for the purposes of lewdness, assignation or prostitution or by causing the same to be terminated;
(e) Order the City solicitor to proceed as directed in Section 670.09 and to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the court to advance such proceedings on the calendar of the court;
(f) Inform and give notice to persons designated in Section 670.06(a) that:
(1) The Department has determined that a public nuisance presently exists at such place and address and that under Section 670.06(a) they are deemed to have knowledge thereof and are responsible therefor.
(2) If the order of the City is not complied with within twenty-four hours, the Department has ordered the City Solicitor, as provided for under Section 670.09, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under this section and that, under Section 670.08, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorney's fees and other expenses, are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, by a separate legal procedure, be made a lien against such property and a personal obligation against any person deemed to be in violation of this chapter.
(3) Any lewd motion picture film or lewd publication being used in conducting and maintaining such a public nuisance is hereby declared to be contraband and the subject of forfeiture.
(4) From and after service on the place, its manager or acting manager, or a person then in charge of such place, of a true and correct copy of this chapter, any and all moneys paid as an admission price to or for the exhibition of such lewd motion picture films, all valuable consideration received for the sale of such lewd publications and all moneys or other valuable consideration received for services rendered in such massage parlors or model studios are a public nuisance as personal property used in conducting and maintaining such nuisance and, as such, are the subject of forfeiture.
(g) Order that a true and correct copy of this chapter be delivered forthwith in any manner normally used to effectuate personal service of process 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 to be a public nuisance.
(Ord. 4092. Passed 2-8-78.)