A municipality brought an application seeking a finding of contempt against a property owner for failing to comply with court orders requiring compliance with building permit requirements and cessation of construction.
The court held that two earlier orders could not ground a contempt finding, including a prior contempt order imposing a fine.
However, the respondent was found to have willfully breached a subsequent order requiring him to obtain building permits, cease construction, and demolish unlawfully erected structures.
The court rejected the respondent’s argument that the municipality acted unreasonably in refusing permits and concluded that the respondent deliberately disregarded municipal building code requirements and court orders.
A finding of contempt was entered beyond a reasonable doubt, a committal warrant for 30 days’ imprisonment was issued, the municipality was authorized to demolish the structures, and costs were awarded.
