5.10Violation of Court Order Regarding Nuisance
MCL 600.3805 authorizes circuit courts to issue injunctive orders to abate a public nuisance. MCL 600.3820(2) sets forth the procedure:
“A violation of an order or injunction granted under [Chapter 38 of the Revised Judicature Act] shall be charged by a motion supported by affidavit, and the court, if satisfied that the motion and affidavit are sufficient, shall immediately issue a bench warrant for the arrest of the offender and to bring him or her before the court to answer for the misconduct. The court may, in its discretion, permit the person arrested to give bail and fix the amount of bail pending hearing of the motion.”
Sanctions for violations of injunctive orders to abate a public nuisance are set forth in MCL 600.3820(1):
“If an order or injunction granted under [Chapter 38 of the Revised Judicature Act] is violated, the court may summarily try and punish the offender as for contempt, and the person so offending is subject to punishment of a fine of not more than $5,000.00, or imprisonment in the county jail for not more than 6 months, or both, in the discretion of the court.”
“Contempt proceedings under the public nuisance statutes are criminal in nature[.]” Michigan ex rel Wayne Pros v Powers, 97 Mich App 166, 170-171 (1980). The Powers Court stated that the purpose of contempt proceedings for violation of an order enjoining a public nuisance is to punish a party for past disobedience of the injunctive order. Id. at 171.