section 17980

Citation: section 17980
Parent Document: City of Santa Monica v. Gonzalez, 182 P.3d 1027 (2008)
Jurisdiction: California (state)
Effective Date: 2008-05-19
Original Source: https://www.courtlistener.com/opinion/2567465/city-of-santa-monica-v-gonzalez/ ↗

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Nonetheless, the statutory scheme clearly seeks to ensure that property owners are afforded due process before judicial appointment of a receiver. As section 17980.7 declares, “[njothing in this section shall be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court.” (§ 17980.7, subd. (c)(14).) There is thus no question an owner may contest a section 17980.7 receivership if fair notice of a claimed substandard condition was lacking or if a reasonable opportunity to correct the cited condition was not afforded. (§ 17980.7, subd. (c)(1), (14).) *927 Gonzalez relies on Jones v. Flowers (2006) 547 U.S. 220 [164 L.Ed.2d 415, 126 S.Ct. 1708] (Jones)

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