Property Owner Hit With $137,778 Civil Penalty, Appeals, And (Without Adequate Notice) Ends Up A $1,148,200 Penalty! Court Reverses for Lack of Due Process.

By Glen C. Hansen

In Tafti v. County of Tulare (2011) 198 Cal.App.4th 891, the Court of Appeal for the Fifth Appellate District held that a local enforcement agency violated the due process rights of a property owner when it failed to provide adequate notice of the nature of an administrative appeal hearing where an administrative law judge recalculated a civil penalty in an amount that was over eight times the penalty amount stated in the original enforcement order that the owner appealed from.

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