(a) Declare the fact that such nuisance exists;
(b) Set forth the description or legal description and street address of the place which constitutes the nuisance;
(c) Set forth the evidentiary facts considered by Council arriving at its factual determination:
(1) In the case of a motion picture film or films, or live theater production, such shall include a recitation of the particular sexual conduct and acts which Council finds are patently offensive, and the basis for the finding by Council that:
A. Such films or productions are publicly exhibited in the course of business; or
B. Such film or production 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 or publications, such shall include a recitation of:
A. The particular publications or types of publications considered by Council, and those that Council finds to be patently offensive;
B. The basis for the findings by Council that such publications are displayed, sold or held for sale at any place found by Council to be a public nuisance; and
C. The basis of the finding by Council that such publications constitute 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 shall include a recitation of:
A. The particular acts of lewdness, assignation, or prostitution which have occurred; and
B. The basis for the finding by Council that such acts occur in the course of business.
(d) Order all persons described in Section 535.06(a) to summarily abate such public nuisance within twenty-four hours of service of such order on any such persons, by termination the exhibition, sale, or possession for sale of such lewd subject matter or by ceasing to use the place where the nuisance is declared to exist or by terminating the use of such premises for the purposes of lewdness, assignation, or prostitution, or causing the same to be terminated, and notifying the Mayor and Council of compliance therewith by sworn affidavit as ordered by the action of Council in such resolution;
(e) Order the City Solicitor to proceed as directed in Section 535.09, and 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 535.06(a) that:
(1) Council has determined that a public nuisance presently exists at such place and address, and that, under Section 535.06(a), they are deemed to have knowledge thereof, and are responsible therefor;
(2) In the event the order of the City is not complied with within twenty-four hours, Council has ordered the City Solicitor, as provided for under Section 535.09, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under Section 535.07, and that under Sections 535.08(a) and (b), 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, shall, by separate legal procedure, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this article;
(3) All lewd motion picture films, lewd publications or lewd live theater productions 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, its manager, acting manager, or person then in charge of such a place, of a true and correct copy of this chapter and a true and correct 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 or lewd live theater productions and 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 such Resolution and 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 persons in charge of the place therein declared a public nuisance.
(Ord. 2004-08. Passed 2-9-04.)