Anderson Municipal Code Ch. 8.32 Nuisances—criminal Offense

This chapter is adopted for the purpose of making it a criminal offense for a person to maintain a nuisance within the city. It is intended to provide criminal remedies in addition to any civil enforcement remedies provided in this code (i.e. Chapter 8.28) and in addition to other civil and criminal remedies provided by law.

(Ord. 631 § 1 (part), 1995)

A. For purposes of this chapter "public nuisance" or a "nuisance" is defined as set forth in Section 8.28.030 of this code or any condition described in Section 370 of the California Penal Code.

B. The other definitions set forth in Chapter 8.28 of this code shall also apply to this chapter.

(Ord. 631 § 1 (part), 1995)

Every person who maintains or commits any nuisance, or who willfully omits to perform any legal duty relating to the removal of a nuisance is guilty of an infraction. Every person who maintains, permits or allows a nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows a nuisance to exist thereon, after reasonable notice in writing from a code enforcement officer or the city attorney is guilty of an infraction, and shall be punished accordingly; and the existence of such nuisance for each and every day after service of such notice shall be deemed a separate and distinct offense. The nuisances referred to in this chapter are considered public nuisances. It is unlawful for a person to maintain such a nuisance.

(Ord. 631 § 1 (part), 1995)

Enforcement of this chapter may be accomplished by the code enforcement officer through the citation process set forth in Chapter 8.29; through a complaint process issued through the city attorney; or in any other manner allowed by law.

(Ord. 631 § 1 (part), 1995)

The provisions of Chapter [Sections] 8.29.060(A), (B) and (C) apply to this chapter including, but not limited to, the discretion to charge multiple violations by one defendant within a twelve-month period as a misdemeanor.

(Ord. 631 § 1 (part), 1995)

Reference in this chapter to other provisions of this code is not intended to make any provisions not cited inapplicable to this chapter. It is intended that the provisions of this chapter be entirely consistent with the provisions of Chapter 8.29 relating to code enforcement policies and procedures and consistent with the remainder of this code.

(Ord. 631 § 1 (part), 1995)