§ 5-9.406. Nuisance Per Se.  


Latest version.
  • Violations of Municipal Code Sections 10-2.2403, 10-2.2404, 5-9.103, 5-9.205, 5-9.206, 5-9.208, 5-9.213, 5-9.304, 5-9.403 or 5-9.405 shall constitute a nuisance per se, whether or not such violations are repeated or intentional, subject to abatement at the expense of the person or persons creating, causing, committing, or maintaining any of these violations. Where a violation of a valid ordinance is proven, the cost, including court costs and attorneys' fees relating to such proof, shall be recoverable in addition to any other abatement-related costs both as a personal obligation of the violator and of the property owner owning the property where the violation occurred, and as a lien against that property in accordance with the procedures set forth in California Government Code Sections 38773, 38773.1 or 38773.5 as they exist now or may be amended or recodified in the future. The City Attorney may, in addition to or in lieu of prosecuting a criminal action or revoking the appropriate permits, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such other court or courts as may have jurisdiction to grant such a relief as will abate or remove such adult entertainment business and restrain and enjoin any person from operating, conducting, or maintaining an adult entertainment business contrary to the provisions of this Code.

(Added by Ord. 3028-C.S., § 1, effective 2-27-97)