What rights does a property owner have when a local government seeks to abate a nuisance?
California, United States of America
The following excerpt is from Cnty. of Mariposa v. JDC Land Co., F076310 (Cal. App. 2020):
Property owners have a " 'constitutional right to have it determined by due process' " whether in fact their property is a nuisance subject to abatement. (Leppo v. City of Petaluma, supra, 20 Cal.App.3d at p. 717.) Therefore, when a local government seeks to abate a nuisance, it has the duty "to afford the property owner a due process hearing which consists of an opportunity to be heard [citation] and a determination upon competent sworn testimony. [Citation.]" (Ibid.) There is no reason that proceedings
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under section 17980.7 should not fall squarely within these protections. I respectfully dissent from the majority's contrary conclusion.
POOCHIGIAN, Acting P.J.
Footnotes:
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