Upon the recomendation of the Police Department and/or upon Council's specific finding that a public nuisance exists in the Borough, Council in applying the provisions of this article to such nuisance, shall provide for the following by resolution:
(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 the evidentiary facts considered by Council in arriving at its factual determination.
(1) In the case of a motion picutre film or live theatre production, such shall include a recitation of the particular sexual conduct and acts which Council finds are patently offensive, and the basis for the findings by Council that such motion picture film or live theatre production is publicly exhibited or producted in the course of business, or that such motion picture film or live theatre production is publicly or repeatedly exhibited or produced, or held for such exhibition or production at the place declared to be a nuisance.
(2) In the case of a publication, such shall include a recitation of the particular publications or types of publications considered by Council, and those which the Council finds to be patently offensive and the basis for the finding by Council that such publications are displayed, sold or held for sale at any place found by Council to be a public nuisance and the basis of the finding by Council that such publications constitute a part of the stock in trade of such place or business or other place.
(3) In the case of a massage parlor or model studio, such shall include recitation of the particular acts of lewdness and/or obscenity, assignation, or prostitution which have occurred, and the basis for the finding by Council that such acts occur in the course of business.
(d) Order all persons described in Section 725.04(a) to summarily abate such public nuisance within twenty-four hours of service of such order on any such persons, by terminating the exhibition, sale or possession for sale of such lewd and/or obscene matter or by ceasing to use the place where the nuisance is declared to exist or by terminating the use of such place for the purposes of lewdness and/or obscenity, assignation, or prostitution, or causing the same to be terminated, and notifying the Council of compliance therewith by sworn affidavit as ordered by the action of Council in such resolution.
(e) Order the Borough Solicitor to proceed to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as it 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 725.04(a):
(1) Council has determined that a public nuisance presently exists at such place and address, and that, under Section 725.04(a), they are deemed to have knowledge thereof and are responsible therefor.
(2) In the event the order of the Borough is not complied with within twenty-four hours, Council has ordered the Borough Solicitor, as provided for under Section 725.08 to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the public nuisance judicially under Section 725.06 and that under Sections 725.07(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, will, by separate legal procedure, be made a lien against any person deemed to be in violation of this article.
(3) All lewd and/or obscene motion picture films or lewd and/or obscene publications being used in conducting and maintaining such public nuisance are contraband and the subject of forefeiture, and
(4) From and after service on the place, or its manager, or acting manager, or person then in charge of such a place, of a true and correct copy of this article and true and correct copy of such resolution, any and all monies paid as admission price to or for the sale of such lewd and/or obscene publications, and all monies 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 forefeiture.
(g) Order that a true and correct copy of such resolution and a true and correct copy of this article be delivered forthwith in any manner normally used to effectuate personal service of process to all personas 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.
(h) Do all things necessary and proper to carry out the intention of this article whether such specific actions have been recited herein or not, for the benefit of the Borough and/or its citizens.
(Ord. 2031. Passed 11-19-79.)