Redondo Beach Municipal Code Ch. 10 Nuisances

The intent and purposes of the Council in adopting the provisions of this chapter are to protect the inhabitants of the City against all forms of nuisances, public or private, not specifically prohibited by State law, growing out of any action, activity, condition, circumstance, or situation permitted to exist within the City and caused or produced by any person, beast, fowl, reptile, or insect, or by any mechanical or other contrivance, and which are injurious to health or detrimental to the public safety, morals, or general welfare, or which are indecent or offensive to the senses or an obstruction to the free use of property to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood or by any considerable number of persons.

(§ 1, Ord. 1258)

The following are hereby expressly declared to be nuisances, and any person maintaining or permitting such nuisances, or any of them, to be maintained or to exist on his premises, whether as owner, lessee, or otherwise, shall be guilty of a misdemeanor, and each and every day such nuisances shall be permitted to be continued shall constitute a separate offense:

(a) Affecting peace and comfort or interfering with lawful businesses.

(1) Unnecessary noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous, or unusual noise, disturbance, or commotion in any hotel, motel, apartment house, court, rooming house, auto court, trailer camp, dwelling, place of business, or other structure, or upon any public street, park, public place, or building, except the ordinary and usual sounds, noises, or commotion incident to the operation of such places when conducted in accordance with the usual and normal standards of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residents or which will not detrimentally affect the operators or customers of adjacent places of business;

(2) Vulgar and obscene language through loudspeakers. The uttering through any loudspeaker, sound-making, or sound-amplifying device, or otherwise, of any obscene, vulgar, profane, or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction, or damage to property or injury to any person, or intended to, or which would reasonably be expected to, incite others to do any unlawful act, or which utterances would reasonably be expected to create a condition which would result in a clear and present danger of the commission of such unlawful acts; and

(3) Noises generally. The tolerating, making, causing, or permitting to be made any unnecessary noises or sounds by persons, animals, or fowl, or by automobiles, motorcycles, engines, machines, or other mechanical devices, or by musical instruments, loud-speakers, or amplifiers, which noises are annoying to persons of ordinary sensitiveness or which are so loud, harsh, prolonged, unnatural, or unusual in their time and place as to occasion unnecessary discomfort to the inhabitants of the neighborhood from which such noises emanate or so as to interfere with the peace and comfort of the operators or customers in adjacent places of business or which may detrimentally or adversely affect such places of business.

(b) Affecting public peace and morals.

(1) Fighting. Fighting, brawling, quarreling, or haranguing in a loud or boisterous manner;

(2) Persons obstructing entrances to buildings. Unnecessarily obstructing the ingress or egress to or from any residence, hotel, apartment house, auto court, trailer court, motel, or business or industrial establishment other than in a moving, single-line formation of not to exceed six persons to each exit or entrance, whether such exit or entrance consists of one opening or a group of adjacent openings, and, for the purposes of this chapter, adjacent openings shall be considered as a single entrance or exit;

(3) Congregating of persons. The congregating of persons on the public streets, parkways, alleys, or sidewalks in such numbers as to impede or obstruct vehicular or pedestrian traffic;

(4) Obstructing public ways. The placing of any obstructing or instrument, object, or substance in, on, over, or across any public street, alley, parkway, or sidewalk, which object obstructs, or may reasonably be expected to obstruct, the free passage of vehicular or pedestrian traffic or which interferes with or obstructs, or may reasonably be expected to interfere with or obstruct, the entrance or exit to any residential or business structure by persons lawfully entitled to enter or depart therefrom;

(5) Placing merchandise on sidewalks. The placing, allowing, or permitting of any goods, wares, or merchandise to be placed, stored, or displayed in any yard or any sidewalk in front of or adjacent to any place of business in the commercial districts established by Chapter 2 of Title 10 of this Code or upon any place upon property used for sales or display, except in the building or storeroom owned or operated by the owners or operators of such businesses;

(6) Parades and processions. The carrying on of parades or processions composed of persons, vehicles, or animals without a permit being granted therefor by the Chief of Police. An application for such permit shall be filed with the Chief of Police, and a hearing shall be held after at least 48 hours' notice to the applicant of such hearing, unless notice shall be waived. If the application is denied, the applicant, within 15 days after the date of such order or denial, may appeal from the decision of the Chief of Police to the Council. The Council shall hold a hearing thereon upon notice to the applicant in the same manner as the hearing before the Chief of Police;

(7) Commercial exploitation of explicit sexual conduct. The commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, the sale of lewd publications, and the use of so-called massage parlors and model studios for purposes of lewdness, assignation, or prostitution. The special procedures for the regulation of the nuisances described in this subsection (7) are set forth in Sections 4-10.10 through 4-10.18 of this chapter, and the procedures described in Sections 4-10.02 through 4-10.09 of this chapter shall not apply to the nuisances described in this subsection (7).

(c) Affecting public safety.

(1) Traffic sight restrictions. Tolerating, allowing, or permitting trees, hedges, vegetable growth, billboards, walls, fences, or other structures to be so located with respect to driveways or street intersections as to prevent a clear view of approaching vehicles in sufficient time to bring a vehicle driven at a reasonable speed to a full stop before such intersection or driveway approach is reached;

(2) Flammable materials near dwellings. Tolerating, allowing, or permitting hedges, trees, shrubs, or other vegetable matter or other material of inflammable character within twenty (20′) feet of a dwelling used for human habitation;

(3) Damaged structures. Tolerating, allowing or permitting buildings, walls and other structures which have been damaged by fire, decay or otherwise to such an extent that they cannot be repaired to conform to the requirements of the Building Code of the City;

(4) Building Code violations. Tolerating, allowing or permitting buildings and alterations to buildings located within the fire districts established by the City in violation of the Building Code of the City;

(5) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction or uncompleted after building permits have been expired;

(6) Debris in public places. Tolerating, allowing or permitting waste matter, rubbish, garbage, debris, excavations, pipe lines, hose and other materials and facilities on, in, over or across any public street, alley, sidewalk or other public grounds except under such conditions and in such manner as is specifically permitted by law;

(7) Signs over streets and sidewalks. Tolerating, allowing or permitting hanging signs, awnings and other similar structures over streets or sidewalks;

(8) Fences, limbs and vegetation over streets and sidewalks. Tolerating, allowing or permitting barbed wire fences or limbs of trees, shrubs, hedges or vegetable growth so situated or located as to endanger persons traversing streets or sidewalks in the immediate area thereof;

(9) Unguarded machinery. Tolerating, allowing or permitting dangerous or unguarded machinery in any business place or so situated or operated on private property as to attract members of the public;

(10) Other dangerous conditions. Tolerating, allowing or permitting any other situation, condition or thing which creates, or may reasonably be expected to create, a clear and present danger of injury or damage to any person or property;

(11) Explosives. The storage or use of gun powder, dynamite, fireworks, explosive chemicals or other explosive materials without a permit being granted therefor by the Chief of the Fire Department. Such permit application shall be filed with the Chief of the Fire Department, and a hearing shall be held after at least 48 hours' notice to the applicant of such hearing unless notice shall be waived. If the application is denied, the applicant may, within 15 days from the date of such order of denial, appeal from the decision of the Chief of the Fire Department to the Council. The Council shall hold a hearing thereon upon notice to the applicant in the same manner as the hearing before the Chief of the Fire Department;

(12) Keeping reptiles and insects. Keeping or maintaining snakes and other reptiles or bees or other insects within the City unless a permit therefor has been obtained from the Council, upon application regularly filed, which permit shall set forth the location and manner in which such reptiles or insects shall be kept; and

(13) Barbed wire. The use of barbed wire for fences or enclosures except for anti-climb devices not exceeding six strands of barbed wire supported on arms attached to the top of a wall or fence six (6′) feet or more in height.

(d) Affecting public health.

(1) Unwholesome food. The keeping or maintaining of decayed or unwholesome food sold or offered for sale to the public;

(2) Manure and debris. The keeping or maintaining of accumulations of manure, rubbish, debris, or animal or vegetable matter of any kind or character from which foul smells or odors emanate or which provide, or are likely to provide, a breeding place for vermin, insects, or rodents of any kind;

(3) Polluted wells and water. The pollution of any well, cistern, stream, creek, or other body of water by sewage, industrial wastes, or other substances which are, or may reasonably be expected to become, detrimental to the public health or the keeping or maintaining, or permitting to be kept or accumulated, on any private property of ponds or pools of stagnant or waste water, oil, or industrial wastes;

(4) Noxious weeds. Permitting or allowing noxious weeds and other rank growth or vegetation on private property;

(5) Production of smoke and fumes. The production of dense smoke, noxious fumes, gas, soot, cinders, or smog by any commercial manufacturing or industrial or other organization through furnaces or other facilities utilized by such industrial or manufacturing plant or other operation when such smoke, noxious fumes, gas, soot, cinders, or smog is in such quantities as are in excess of the amount necessary in the reasonable operation of such plants, or the production by any person through any means whatsoever of dense smoke, noxious fumes, gas, soot, cinders, smog, or other obnoxious substances which are, or may reasonably be expected to become, detrimental to the public health or which unnecessarily interfere with the health, comfort, or safety of any person;

(6) Dumping. Throwing, depositing, or placing in or upon, or permitting to be regularly placed or maintained at or upon, any lands in Zones R-1, R-2, and R-3 of the City any machinery, trucks, automobiles, building materials, rubbish, wrecked vehicles or parts of wrecked vehicles, empty bottles, refuse, paper, explosives, or materials having a noxious odor or unsightly appearance so that the noxious odors or the unsightly appearance thereof will annoy or harass the occupants of adjoining lands or prevent the enjoyment of the quiet occupancy of other lands thereof or materially depreciate the value of other lands in the vicinity thereof; and

(7) Production of dust. The creation by any operation of farming of dust in such quantities as are excessive of the amount necessary in the reasonable operation of farming, or the farming industry, or the production by any such operation, or by any means of dust in such quantity as may reasonably be expected to be or to become detrimental to the public health or which unnecessarily interferes with the health, comfort, or safety of any person or any neighborhood.

(§ 2, Ord. 1258 c.s., as amended by § 1, Ord. 1361 c.s., § 1, Ord. 1856 c.s., eff. October 28, 1964, § 1, Ord. 2043 c.s., eff. March 3, 1971, § 2, Ord. 2183 c.s., eff. August 11, 1976, § 1, Ord. 2250 c.s., eff. August 30, 1978, § 2, Ord. 2365 c.s., eff. July 27, 1983, § 1, Ord. 2606 c.s., eff. December 20, 1990, and § 3, Ord. 2755 c.s., eff. January 4, 1996)

The provisions of this chapter shall apply to all the activities, circumstances, operations, situations, and conditions referred to and shall include all the structures, objects, things, materials, and substances described and enumerated. Such structures, objects, things, materials, and substances are hereby declared to be nuisances when tolerated, used, kept or maintained, or permitted to be tolerated, used, kept, or maintained, in the manner or under the conditions prohibited by the provisions of this chapter or in any manner which creates, or may be reasonably expected to create, or produces a clear and present danger of injury or damage to persons or property or annoyance or discomfort to persons of ordinary and normal sensibilities.

(§ 3, Ord. 1258 c.s.)

Whenever a permit is required to do any of the acts set forth in this chapter, the Council, Chief of Police, Health Officer, Chief of the Fire Department, department head, or other authorized official shall require a written application to be filed giving sufficient information concerning the subject matter thereof so as to permit such official to obtain a clear understanding of the applicant's proposal, with such details as may be necessary for such officer to determine whether there is a clear and present danger of the thing, act, or operation covered by the application adversely or detrimentally affecting the public health, morals, safety, or general welfare, or unduly hindering the normal flow of pedestrian or vehicular traffic, or unduly or unnecessarily disturbing the peace, quiet, or comfort of the community, or unduly or unnecessarily interfering with the normal conduct, operation, or trade of businesses or industrial establishments. If in such officer's opinion such clear and present danger does appear, the application shall be denied; otherwise it shall be granted; provided, however, no permit shall be denied solely by reason of the identity of the applicant or the purpose of the activity or enterprise proposed providing such purpose is lawful.

(§ 4, Ord. 1258 c.s.)

If the nuisance complained of is not of such nature to require summary abatement for the protection of the public health, safety, morals or general welfare, the person charged with the responsibility of abating or eliminating such nuisance shall be given such reasonable time as may be required within which to abate the same after notice has been given of the existence of such nuisance. Such notice shall be in substantially the following form:

ORDER TO ABATE TO: ____________________ ADDRESS: ____________________ NOTICE IS HEREBY GIVEN that there exists on property which appears to be owned or controlled by you certain objectionable conditions in violation of Section No. __________ of the Redondo Beach Municipal Code and/or of Section No. __________ of the __________ Code of the State of California as follows:

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and the following procedure is suggested:

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This condition must be abated prior to

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City of Redondo Beach

(§ 5, Ord. 1258 c.s.)

If after the expiration of the date on which the abatement have been completed, or such additional time as may be granted by the officer in charge, the order for abatement has not been complied with, the officer in charge shall issue an Order to Show Cause why a complaint should not be issued for failure to comply with such order and for maintaining the nuisance complained of the Order to Show Cause shall be in substantially the following form:

4-10.06 ORDER TO SHOW CAUSE WHY NUISANCE SHOULD NOT BE ABATED You are hereby notified to appear at the office of ____________________ located in the City Hall of Redondo Beach on __________ at __________ A.M., P.M., to show cause why complaint should not be filed against you for failing to comply with an abatement order issued to you on __________ and for maintaining the nuisance complained of. Failure to appear at said time and place will constitute a violation of Section No. __________ of the Redondo Beach Municipal Code and/or of Section __________ of the __________ Code of the State of California, subjecting you to the penalties imposed thereby. City of Redondo Beach

(§ 5, Ord. 1258 c.s.)

If after the expiration of the time allowed following the hearing on the Order to Show Cause the nuisance has not been abated, and if it is of such character as to require remodeling or destruction of the objectionable structure or facility, the Council may order the necessary work to be done to correct the objectionable condition complained of. The cost of such work, including materials, labor and incidental expenses, and the City's administrative costs of nuisance abatement, shall constitute a lien against the property on which such nuisance is located, and the City Attorney shall prepare and record in the office of the County Recorder or other proper public office an instrument claiming such lien on behalf of the City. Such lien shall be foreclosed and the amount thereof collected in the same manner and under the same procedure as is provided for the foreclosure of mortgages on real property under the provisions of the Code of Civil Procedure of the State. The City shall be entitled to its attorney's fees and costs.

(§ 6, Ord. 1258 c.s. as amended by § 1, Ord. 2928 c.s., eff. March 17, 2004)

Any person who fails to report to the authorized official at the time and in the place stated in the Order to Show Cause shall be guilty of a misdemeanor.

(§ 7, Ord. 1258 c.s.)

Nothing contained in this chapter shall prohibit an authorized official from summarily abating a nuisance which, in his judgment, may immediately jeopardize the public health or safety. In the event of the necessity of such summary abatement, such officer shall use the utmost caution to guard against any unnecessary damage to the person or property involved and, if circumstances permit, shall endeavor to contact the owner of the premises involved by telephone or telegraph before proceeding with such abatement to advise him of the intention to summarily abate such nuisance.

(§ 8, Ord. 1258 c.s.)

The Council finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, and the sale of lewd publications, and the use of so-called massage parlors and model studios for purposes of lewdness, assignation, or prostitution constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare and the development of human personality; is indecent and offensive to the senses and to public morals and interferes with the comfortable enjoyment of life and property, in that such interferes with the interest of the public in the quality of life and total community environment, the tone of commerce in the City, property values, and the public safety; and that the continued operation of such activities is detrimental to the best health, safety, convenience, good morals, and general welfare of the City and of the residents, citizens, inhabitants, and businesses thereof. Pursuant to Sections 38771, 38773, and 38773.5 of the Government Code of the State, Section 731 of the Code of Civil Procedure of the State, and Sections 3479, 3480, 3491, and 3494 of the Civil Code of the State, the Council hereby declares such activities to be a public nuisance and herein establishes procedures for the abatement thereof. This section shall apply to any and all establishments which, on August 30, 1978, are engaged in, or at any later date become engaged in, the type of activity herein declared to be a public nuisance.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

For the purposes of Sections 4-10.10 through 4-10.18 of this chapter, certain words and phrases set forth in this section are defined as follows:

"Knowledge" or "knowledge of such nuisance"

shall mean having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd subject matter, or knowledge of the acts of lewdness, assignation, or prostitution which occur on the premises.

"Lewd matter"

shall mean any matter:

(1)

Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(2)

Which depicts or describes patently offensive representations or descriptions of:

(i)

Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii)

Masturbation; excretory functions; or lewd exhibition of the genitals or genital area.

"Lewdness", "assignation", or "prostitution"

shall mean and include all those meanings which are assigned to such conduct under the common law and existing case law.

"Assignation"

shall be construed to include the making of any appointment or engagement for lewdness or prostitution or any act in the furtherance of such appointment or engagement.

"Lewdness"

shall encompass a much broader scope of conduct than prostitution and assignation and shall include the same general class of activities which are normally associated with houses of prostitution (or whatever such establishments may presently be called) and, also, lewd conduct and sex acts of whatever nature which are performed for money, such as, but not limited to, commercial acts of sexual gratification involving the sex organs of one person and the sex organs, mouth, anus, or the hands of another as in the case of the modern day masturbatory massage parlor and model studio, which also masturbates its customers; posing as a model in a lewd manner for the purpose of being viewed or photographed by a customer or patron; engaging in obscene conversation with a customer or patron for the purpose of appealing to that person's prurient interest; and other similar lewd conduct.

"Massage"

shall mean any method of treating the superficial soft parts of the human body for remedial, hygienic, or other purposes consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand or by the use of any instrument.

"Massage parlor"

shall mean any building or structure, or portion thereof, located within the City, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.

"Matter"

shall mean a motion picture film or a publication, or both.

"Model studio"

shall mean:

(1)

Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises; or

(2)

Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.

(3)

"Model studio" shall not include:

(i)

Any studio which is operated by any State college or junior college, public school, the University of California, or any governmental agency wherein the person, firm, association, partnership, or corporation operating it has met the requirements established in Division 21 of the Education Code of the State for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or

(ii)

Any premises where there is conducted the business of furnishing, providing, or procuring figure models solely for any studio described in subsection (i) of this subsection; or

(iii)

Any studio operated by a tax exempt nonprofit corporation devoted to the development of art and its appreciation.

"Motion picture film"

shall include any:

(1)

Film or plate negative;

(2)

Film or plate positive;

(3)

Film designed to be projected on a screen for exhibition;

(4)

Film, glass slide, or transparency, either in negative or positive form, designed for exhibition by projection on a screen; and

(5)

Video tape or any other medium used to reproduce images on a screen or to be otherwise viewed.

"Nude"

shall include:

(1)

Completely without clothing; or

(2)

With the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of a female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.

"Person"

shall mean any individual, partnership, firm, association, corporation, or other legal entity.

"Place"

shall mean and include, but shall not be limited to, any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.

"Publication"

shall mean and include any book, magazine, article, pamphlet, writing, printing, illustration, picture, or sound recording or a motion picture film when such film is offered for sale or exhibited in a coin-operated machine.

"Sale"

shall mean a passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.

(§ 2, Ord. 2250 c.s, eff. August 30, 1978)

(a) Any and every place in the City where lewd films are publicly exhibited as a regular course of business or possessed for the purposes of such exhibition of lewd films are publicly and repeatedly exhibited or possessed for the purpose of such exhibition shall be a public nuisance.

(b) Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under this section shall be a public nuisance per se.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

(a) Any and every place of business in the City in which lewd publications constitute all of the stock-in-trade, or a principal part thereof, shall be a public nuisance. Where such lewd publications constitute only a part of the stock-intrade and are located in a place or places within such businesses which are capable of demarcation, such place or places shall constitute public nuisances which require abatement.

(b) Any and every lewd publication possessed at a place which is a public nuisance under this section shall be a public nuisance per se.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

Every massage parlor or model studio which, as a regular course of business, is used for the purposes of lewdness, assignation, or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation, or prostitution are held or occur, shall be a public nuisance which shall be enjoined, abated, and prevented.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

(a) Upon and after receiving notice through the service of a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, and of a certified copy of the resolution provided for in Section 4-10.16 of this chapter, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the City which is declared to be a public nuisance as set forth and stated in Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter shall be deemed to be a person who has knowledge of such nuisance for the purposes of this chapter, and shall be thereafter responsible for its maintenance, and shall be liable therefor.

(b) The places and subject matter declared to be public nuisances under Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter shall be abated pursuant to the provisions of Sections 38773 and 38773.5 of the Government Code of the State, Section 731 of the Code of Civil Procedure of the State, and Sections 3491 and 3494 of the Civil Code of the State, as provided for in Sections 4-10.16 through 4-10.18 of this chapter.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

Upon a specific finding that a public nuisance, as defined in Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter, exists in the City, the Council, in applying the provisions of this chapter 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 following evidentiary facts considered by the Council in arriving at its factual determination:

(1) In the case of a motion picture film or films, such shall include a recitation of the particular sexual conduct and acts which the Council finds are patently offensive and the basis for the finding by the Council that (a) such films are publicly exhibited as a regular course of business or that (b) such film is publicly and 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 considered by the Council, and those which the Council finds to be patently offensive, and (b) the basis for the finding by the Council that such publications are sold or held for sale at the place of business found by the Council to be a public nuisance and (c) the basis of the finding by the Council that such publications constitute a principal part of the stock-intrade of such place of business; and

(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 the Council that such acts occur in the regular course of business;

(d) Order the revocation of all licenses and permits which have been issued as a part of the operation of such business, subject to confirmation by the court in the judicial proceedings required herein. Criminal proceedings for transacting business without a license at such address shall not be filed until the order of license revocation by the Council has been confirmed by judicial order;

(e) Order the City Attorney to give written notice under Section 373a of the Penal Code of the State to all persons described in subsection (a) of Section 4-10.15 of this chapter to summarily abate such public nuisance immediately by terminating the exhibition, sale, or possession for sale of such lewd subject matter, or by terminating the use of such premises for the purposes of lewdness, assignation, or prostitution, or by causing the same to be terminated;

(f) Order the City Attorney to proceed as directed in Section 4-10.18 of this chapter 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;

(g) Inform and give notice to the persons named in subsection (a) of Section 4-10.15 of this chapter that:

(1) The Council has determined that a public nuisance presently exists at such place and address, and has revoked the licenses and permits at that place, subject to court confirmation, and that, under subsection (a) of Section 4-10.15 of this chapter, such persons are deemed to have knowledge thereof and are responsible therefor;

(2) The Council has ordered the City Attorney, as provided for in Section 4-10.18 of this chapter, to commence legal proceedings naming such persons as defendants in a civil action to abate the same judicially under Section 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State and to seek compensatory and punitive damages and the costs of the abatement of such civil abatement action filed under Section 3494 of said Civil Code and Section 731 of said Code of Civil Procedure, including investigative costs, court costs, attorney's fees, and other expenses, which 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 ordinance, be made a lien against such property and a personal obligation against the theater operator and property owner;

(3) All lewd motion picture films or lewd publications being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture;

(4) The lewd matter which is being used in conducting and maintaining such public nuisance will be needed at the hearing in the court having jurisdiction of the legal proceedings brought by the City Attorney, pursuant to Section 1503 of the Evidence Code of the State; and

(5) From and after the service on the place, or its manager, or person then in charge of such place, of a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, and a copy of such resolution, any and all moneys paid as admission prices to or for the exhibition or exhibitions of such lewd motion picture films, and valuable considerations received for the sale of such lewd publications, and all moneys or other valuable considerations received for services rendered in such massage parlors or model studios shall be a public nuisance as personal property used in conducting and maintaining such nuisance, and as gain derived from a wrongful act contrary to the provisions of Section 2224 of the Civil Code of the State, and that a forfeiture of the same will be requested in the judicial proceedings required by this chapter; and

(h) Order that a certified copy of said resolution and a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, be delivered forthwith in any manner normally used to effectuate the personal service of process, as directed in Sections 415.10 through 416.90 of the Code of Civil Procedure of the State, 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.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

The costs of abatement shall include the following:

(a) Investigative costs;

(b) Court costs;

(c) Reasonable attorney's fees arising out of the preparation for and trial of the cause, and appeals therefrom, and offer costs allowed on appeal; and

(d) Printing costs of the trial and appellate briefs and all other papers filed in such proceedings.

Such costs of abatement are hereby made a special assessment against the parcel of land upon which such nuisance is maintained. Upon its determination in a civil action under Section 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State, such costs, by special ordinance, shall be made a lien against such property and a personal obligation against the theater operator and property owner, and 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 the 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 special assessments.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)

Upon a specific finding by resolution of the Council of the fact that a public nuisance exists at a particular location, the City Attorney shall:

(a) Forthwith, but not later than five working days after the passage of said resolution, commence legal proceedings under Sections 3491 and 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State by the filing of a civil action seeking the following relief:

(1) An order that the matter named by the Council is lewd, as defined in this chapter;

(2) An order that the matter found to be lewd is or are public nuisances per se;

(3) An order that each place named by the Council is a public nuisance;

(4) An order that the action taken by the Council to revoke the licenses issued to such place of business was lawful;

(5) An accounting of all moneys paid as admission prices to or for the exhibition or exhibitions of such lewd motion picture films, and valuable considerations received for the sale of such lewd publications, and all moneys or other valuable considerations received for services rendered in such massage parlors or model studios from and after the time the persons maintaining said nuisance receive notice of the finding by the Council by resolution that the public nuisance exists, and a judgment that such moneys or valuable considerations are gain derived from a wrongful act contrary to the provisions of Section 2224 of the Civil Code of the State and a public nuisance;

(6) An order that all admission price moneys or valuable considerations received and enumerated in the courtordered accounting be forfeited as required by law;

(7) An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possessing or publicly exhibiting said lewd motion picture films, or from selling or possessing for sale said 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;

(8) An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband;

(9) A judgment for the City for compensatory and punitive damages and for all costs expended in abating the public nuisance, including investigative costs, court costs, reasonable attorney's fees, and such other expenses as are provided for in this chapter; and

(10) All other relief as the court may deem proper; and

(b) File a notice of the pendency of the action in the office of the County Recorder pursuant to Section 409 of the Code of Civil Procedure of the State, giving the names of the parties, the object of the action, and a description of the property thereby affected.

(§ 2, Ord. 2250 c.s., eff. August 30, 1978)