Upon a specific finding by resolution of Council of the fact that a public nuisance exists at a particular location, the City Solicitor shall, not later than five days after the passage of such resolution, commence legal proceedings by the filing of a civil action seeking the following relief:
(a) A Declaratory Judgment that the matter named by Council is lewd, as defined herein.
(b) A Declaratory Judgment that the matter found to be lewd is or are public nuisances per se under this chapter and such resolution.
(c) A Declaratory Judgment that each place named by Council is a public nuisance under this chapter and such resolution.
(d) An accounting of 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 from and after the time the persons maintaining such nuisance receive notice of the finding by Council by resolution that the public nuisance exists, and a judgment that such moneys or valuable consideration are a public nuisance under this chapter.
(e) An order that all admission price moneys or valuable consideration received and enumerated in the Court-ordered accounting be forfeited as contraband to the General Fund or as property belonging to the City.
(f) An injunction enjoining and restraining all persons responsible for maintaining such nuisance from possessing or publicly exhibiting such lewd motion picture films or lewd live theater productions, or from selling or possessing for sale such lewd publications, or from committing acts of lewdness, assignation or prostitution, at any time in the future in the City, and such other injunctive relief as the Court may order.
(g) An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband under this chapter.
(h) 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.
(i) All other relief as the Court may deem proper.
(Ord. 2004-08. Passed 2-9-04.)