§ 18-56. Action to be taken by city commission.

Upon a specific finding that a public nuisance under this article exists in the city, the city commission, in applying the provisions of this article to such nuisance, shall provide for the following by resolution:

(1)

Declare the fact that such nuisance exists.

(2)

Set forth the description or legal description and street address of the real property which constitutes or contains the nuisance.

(3)

Set forth a statement of facts upon which the city commission declaration of nuisance is based.

(4)

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 in this article. Criminal proceedings for transacting business without a license at such address shall not be filed until the order of license revocation by the city commission has been confirmed by judicial order.

(5)

Order the city attorney to give written notice to all persons named in section 18-55 to abate such public nuisances immediately, by terminating the exhibitions of such lewd motion picture film or films and sale or offering for sale of such lewd publications or causing the same to be terminated.

(6)

Order the city attorney to proceed as directed in section 18-57 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.

(7)

Inform and give notice to persons named in section 18-55 that:

a.

The city commission 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 section 18-55, they are deemed to have knowledge thereof and are responsible therefor.

b.

The city commission has ordered the city attorney, as provided for under section 18-57, to commence legal proceedings naming such persons as defendants in a civil action to abate the same judicially, and to recover in such action the costs of abatement, including investigative costs, court costs, attorney fees for trial and all appellate levels and other expenses and that, under section 18-57, the costs of abatement are made a special assessment against the parcel of land upon which the nuisance is maintained, but only against the interest, if any therein, of the person responsible for maintaining such nuisance and, upon their determination by the city commission, will, by separate resolution, be made a lien against the real property interest of the person responsible for maintaining such nuisance.

c.

All lewd motion picture films or lewd publications being used in conducting and maintaining such public nuisances are considered to be contraband and the subject of forfeiture.

d.

From and after service on the place or its manager or acting manager, or person then in charge of such place, of a certified copy of this article and a certified copy of such resolution, any and all moneys paid as admission price to the exhibition or exhibitions of such lewd motion picture films and valuable consideration received for the sale of such lewd publications shall be regarded as being a public nuisance per accidens, as personal property used in conducting and maintaining such nuisance, and as gain derived from a wrongful act, and that forfeiture of the same will be requested in the judicial proceedings required in this article.

(8)

Order that a certified copy of said resolution and a certified copy of this article be delivered forthwith after passage of the resolution 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 person in charge of the place therein declared a public nuisance. Service upon any proper person, as defined by Florida Statutes, shall be sufficient.

(Code 1953, § 28-86.5; Ord. No. C-81-91, § 1, 1-19-82)