§ 18-57. Action to be taken by city attorney.

Upon a specific finding by resolution of the city commission of the fact that a public nuisance exists at a particular location, the city attorney shall:

(1)

Forthwith, but not later than five (5) working days after passage of such resolution, commence legal proceedings by the filing of a civil action seeking a final judgment granting the following relief:

a.

An order that the subject matter identified by the city commission in said resolution is lewd, as defined herein.

b.

An order that each place named by the city commission is a public nuisance and that the action taken by the city commission to revoke the licenses issued to that place of business was lawful.

c.

An injunction enjoining and restraining all persons maintaining such nuisance from possessing or publicly exhibiting lewd motion picture films or from selling or possessing for sale lewd publications at any time in the future in the city and such other injunctive relief as the court may order. A preliminary injunction shall be sought if the hearing therein affords a full hearing on the merits or if the hearing therein is consolidated with the hearing on a final injunction.

d.

An order that all positive prints of such lewd motion picture films and all such lewd publications or copies or reproductions thereof be forfeited as contraband.

e.

An accounting of 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, from and after the time the person or persons maintaining such nuisance receive a copy of the resolution of the city commission finding that a public nuisance exists, and a judgment that such moneys are gain derived from a wrongful act and a public nuisance.

f.

An order that all admission price moneys or valuable consideration received and enumerated in the court ordered accounting be forfeited as required by law.

g.

Judgment for the city for all costs expended in abating the public nuisance, including investigative costs, court costs, reasonable attorney fees for trial and all appellate levels and such other expenses as are provided for herein.

h.

All other relief as the court may deem proper.

(2)

File a notice of the pendency of the action in the office of the county recorder, giving the names of the parties, the object of the action, and a description of the property thereby affected.

(Code 1953, § 28-86.6; Ord. No. C-81-91, § 1, 1-19-82)