Legal Question in Real Estate Law in California
Does a County Dept of Animal Control need a civil judgement in order to enforce fees imposed for a justified animal seizure which was not due to abuse/neglect? Can the amount of the fees be challenged? Must the fees be itemized and detailed? What actions can the County Animal Control take in the event of a default?
I had some livestock (sheep/goats) seized because Animal Control was called on 2 consecutive days due to a dog attacking my animals. The seizure was deemed to be justified by their Hearing Officer in order to protect the animals and did not result in any criminal charges being filed. The issue is with the charges being assessed for veterinary care, seizure, impound, board, and also advanced charges for euthanasia of the 3 remaining living animals. Animal control would not let me take the animals which remain alive without payment of all their fees in full and i surrendered the 3 remaining animals in order to avoid accruing additional fees. It seems that Animal Control would rather euthanize the animals than return them. The fees being imposed seem to be arbitrary and exhorbitant, well in excess of the value of the animals. Before i pay anything I would like a detailed account of how they arrived at their fees...and am also seriously considering defaulting on making any payments. Would they need to take me to court before being allowed to collect a civil judgement? Thanks in advance...
1 Answer from Attorneys
Well, they would have to take the matter before a judge in order to get a judgment, and you would have to be served with process. Judgments come from judges. A county is also permitted to assess fees, costs, fines, penalties, etc. according to statute or ordinance, without first taking the matter to court.
In your case, the authority to assess the charges comes from state law; specifically, Penal Code section 597.1(f)(1)(E) (or perhaps elsewhere in section 597.1).
I think it is reasonable to ask for a breakdown of the charges, but whether you receive one or not, and whether you agree with it or not, (absent a major error), I would recommend paying the fee demanded.
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