A Sacramento resident, Her Seng Yang, has filed a lawsuit against Siskiyou County and two of its code enforcement officers, Andrea Fox and John Ottenberg. The suit alleges that the county unconstitutionally denied him a hearing over fines related to a dispute about illegal marijuana plants on his property in Siskiyou County.
Yang was cited for violation of the Siskiyou County Personal Cannabis Cultivation Ordinance after Ottenberg discovered alleged cannabis plants on his property. Yang claims that upon his arrival at the property, he found the plants had already been cut down and left in place. Despite allowing code enforcement access to inspect the property, they refused to confirm that the nuisance had been abated as they did not believe the plants were lawfully removed.
The county's decision led to Yang accruing daily fines of $1,000 per day for each cited property until a maximum fine of $36,000 was reached for each violation. When Yang requested an administrative abatement hearing to appeal Code Enforcement’s decision, he was unable to pay the substantial advance fine deposit required by the county. His request for a hearing went unanswered with the county instead sending letters demanding payment and stating that the fine amounts were final.
Yang's lawsuit argues the county has violated his constitutional rights as a landowner and is asking for damages for violation of due process, equal protection, and excessive fines.
The lawsuit was filed on Jan. 19 in the U.S. District Court for the Eastern District of California.
Yang is represented in the case by attorney Samuel C. Williams, of Redding.