Mission Viejo Municipal Code Div. 4 Violations

The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor. Notwithstanding the foregoing, maintenance of a public nuisance or violation of an abatement order may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor, but such a violation may also be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

No person shall obstruct, impede or interfere with any representative of the city engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code. Conviction of a misdemeanor is punishable by a fine not to exceed one thousand dollars, by imprisonment not to exceed six months, or by both such fine and imprisonment. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed or permitted to continue.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence:

(a) The director of community development.

(b) The building official.

(c) Code enforcement officer(s).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

All designated officers and employees exercising their authority to arrest under this chapter shall comply with the procedures regarding the making of arrests set forth in the Penal Code §§ 833 et seq., and the procedures regarding misdemeanor citations set forth in the Penal Code §§ 853.6 et seq.

(Ord. No. 98-193, §§ 1—4, 10-19-98)