Norwalk Municipal Code Ch. 8.32 Obscene Films and Motion Pictures

The City Council of the City determines that the public exhibition of films and motion pictures which are obscene matter under the definition of Penal Code Section 311 is a public nuisance. The City may abate such public nuisances, pursuant to Government Code Section 38773, by causing to be filed a civil action to establish that the film or motion picture in question is obscene and to permanently enjoin its public exhibition (Code of Civil Procedure Section 731, Penal Code Sections 370 and 371, Civil Code Sections 3479, 3480, 3491 and 3494). The City Council of the City does exercise the authority provided it by Government Code Section 38773.5 and establishes a procedure for the abatement of such public nuisance by means of a civil action seeking a judicial injunction against the public exhibition of such obscene films and motion pictures. Further, the City Council establishes a procedure for making the cost of such abatement a special assessment against the parcel of property within the City where such public exhibition took place.

(Prior code § 5-3.1; Ord. 21-1722 § 2)

A. The prevailing party shall have the right to recover attorneys' fees if the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. For purposes of this chapter, the prevailing party shall be the City if it is successful in obtaining a final judgment permanently enjoining the public exhibition of an obscene film or motion picture whereas the prevailing party shall be the defendant if the City is unsuccessful in obtaining a final judgment permanently enjoining the public exhibition of an allegedly obscene film or motion picture.

1. The attorneys' fees awarded to the prevailing party shall constitute the entire expense for the litigation, less costs and necessary disbursements included in the judgment. Attorneys' fees include, but are not limited to, the following: expert witness fees, investigation fees, attorneys' fees, copying and duplicating charges, travel expenses, discovery expenses, and/or cost of title reports.

2. The attorneys' fees awarded to the City shall constitute the cost of abatement. The cost of abatement is declared a special assessment against and a lien against the parcel of land upon which the public nuisance is or was maintained, but only against the interest of any person or persons determined in the action to be responsible for creating, causing, committing or maintaining such nuisance.

B. When any judgment which determines that a film or motion picture which has been exhibited or is being exhibited within the City is obscene matter as defined in Penal Code Section 311, and which enjoins the public exhibition of such obscene matter, becomes final, the City Attorney shall file with the City Clerk a written report setting forth the cost of abatement, the person or persons determined in the action to be responsible for creating, causing, committing or maintaining such nuisance, and description of the place where such exhibition took place including each legal lot of the parcel of land on which such exhibition occurred. The Clerk shall then set the report for a hearing before the City Council and shall, not less than 10 days prior to the date set for such hearing, serve a notice of assessment which notice shall specify the day, hour and place when the City Council shall hear and pass upon the report together with any objections or protests to such report. Such service shall be made by certified mail addressed to the owner of any interest at the address of the parcel or parcels involved and at the address shown on the latest assessment roll. The failure of any such owner to receive such notice of assessment shall not affect the power of the City or its officers or employees to proceed as provided in this chapter nor shall it invalidate the assessment against the involved parcel or parcels.

C. Upon the date and hour fixed for the hearing, the City Council shall hear and pass upon the report together with any objections or protests which may be raised by any of the owners of any property liable to be assessed for the costs of abatement or any other interested persons. The City Council may confirm or reject the report. Before confirming the report the City Council may make such revision, correction or modifications in the report as it may deem just. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive.

D. Upon confirmation of the report, the City Council shall adopt a resolution specifying the amount assessed against each lot of the parcel of land, or interest in each lot of the parcel of land, as shown on the last available assessment roll in accordance with the report. Unless otherwise provided in such resolution, any such assessment shall become due 30 days after adoption of such resolution and shall thereafter bear interest at the rate of seven percent per year. The City Council may provide in the resolution for payment to become due at any later date, in total sum or in installments.

E. All assessments may be paid by tender of the amount due to the City Treasurer. The City Treasurer, prior to August 10th of each year, shall determine if any assessment, or portion of assessment, is due and unpaid, and if he or she so determines, he or she shall file with the County Auditor his or her statement of the amount due, specifying the parcel or interest in such parcel, on which such amount is assessed, together with a certified copy of the assessment resolution. Whether the parcel or interest in such parcel, subject to the special assessment is separately assessed or not, such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

(Prior code § 5-3.2; Ord. 21-1722 § 2)