9.44.070 Allowing property to be used for lewdness or obscenity.
It is unlawful for a landlord or landowner to wilfully or knowingly allow his property or land to be used for the commercial exploitation of lewdness or obscenity.
A. If a tenant or occupant of real property uses this property for an activity for which he or his employee is convicted under any provision of this chapter, the conviction makes void the lease or other title under which he holds at the option of the fee owner or any intermediate lessor; and ten days after the fee owner or any intermediate lessor gives notice in writing to the tenant or occupant that he is exercising the option, the right of possession to the property reverts to the person exercising the option. This option does not arise until all avenues of direct appeal from the conviction have been exhausted or abandoned by the tenant or occupants, or his employee.
B. It is unlawful for a fee owner or intermediate lessor of real property to knowingly allow this property to be used for the purpose of distributing or exhibiting pornographic materials, or for pornographic performances, by a tenant or occupant if the tenant or occupant, or his employee, has been convicted under any provision of this chapter of an offense occurring on the same property and all avenues of direct appeal from the conviction have been exhausted or abandoned.
1. "Allow" under this subsection means a failure to exercise the option arising under subsection A of this section within ten days after the fee owner or lessor receives notice in writing from the county attorney of the county where the property is situated, or if situated in a city of the first or second class, from the city attorney of that city, that the property is being used for a purpose prohibited by this subsection.
2. A wilful violation of this subsection is a class A misdemeanor and any fine assessed, if not paid within thirty days after judgment, shall become a lien upon the property.
C. Any tenant or occupant who receives a notice in writing that the fee owner or intermediate lessor is exercising the option provided by subsection A of this section and who does not quit the premises within ten days after the giving of that notice is guilty of a class A misdemeanor. (Code 1975 § 13-1207)