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(1) The city council may, upon its own motion, or upon written charges filed with council by the chief of police or the city attorney, set a public hearing before the council to determine if a nuisance as set forth in CMC 9.04.400(1) and any other appropriate state or local laws, exists. At the hearing, the persons described in CMC 9.04.400(3) shall be given an opportunity to appear, either personally or by counsel, to be heard, to defend themselves, and they may call witnesses on their behalf.

(2) Upon a specific finding that a nuisance, as defined in CMC 9.04.400(1) and any other appropriate state or local laws, exists in the city of Cudahy, the city council, in applying provisions of CMC 9.04.400 and this section 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 or location of the real property or place which constitutes a nuisance.

(c) Set forth evidentiary facts considered by the city council in arriving at its factual determination that a nuisance exists, as defined in CMC 9.04.400(1).

(d) Order all persons named in CMC 9.04.400(3) to summarily abate such nuisances immediately, by terminating the unlawful selling, serving, storing, keeping or giving away of any controlled substance as defined under the Health and Safety Code within the specified building or place.

(e) Order the city attorney to proceed as directed in CMC 9.04.400(2) and do all things necessary to abate, prevent or enjoin such nuisance, as defined in CMC 9.04.400(1), through judicial proceedings.

(f) Order that a certified copy of said resolution and a certified copy of the ordinance codified in CMC 9.04.400 and this section be delivered by personal service or first class mail to all persons of record having legal or equitable interest in the building or place where the nuisance exists and to any person who shall lease, maintain, manage, conduct or operate the building or place where the nuisance exists. (Ord. 372 § 2. 2002 Code § 3-1.43).