How It Works

Who or what are the typical candidates for health and safety receiverships?

Packrats and hoarders; owners who cannot properly care for the property because of advanced age or disability; referrals from police and/or fire departments; properties requiring forced tenant/owner relocation; properties with illegal construction/occupation; multi-unit/apartment complexes; fire-damaged properties; properties with drug/nuisance abatement issues; bank-owned/abandoned properties; redevelopment agency properties.

What is the legal authority for appointing a health and safety receiver?

Legal authority is provided by the California Health & Safety Code sections 17980 through 17992, specifically sections 17980.6 and 17980.7.3


Who can ask the Superior Court to appoint a health and safety receiver over property?

The local enforcement agency, a tenant or tenant association or organization.

What is the receiver’s specific legal authority?4

The receiver takes full and complete control of the
property, including:

Managing and paying expenses of operating the substandard building;
Obtaining cost estimates for necessary repairs/rehabilitation;
Entering into contracts with contractors to perform necessary repairs;
Collecting rents and income from substandard building and using such rents to pay for repairs;
Borrowing funds to pay for repairs;
Relocating tenants and providing relocation compensation; and
Much more.

If a city’s/county’s rules/regulations or traditional code enforcement process provides (or requires) a lengthy notice, hearing and appeal, must these procedures be followed first?

No. Health and safety receivership “remedies shall be in addition to those provided by any other law.”5

What are the rules related to grounds for issuing a notice to repair or abate for health and safety receiverships?

Only the existence of a building is required; it can be residential or commercial, abandoned or occupied.6
Any local ordinance that is “similar in nature” to either the grounds found in the California Health & Safety Code section 17920.3 or the California Building Code can be used as grounds under the notice to determine violations, virtually encompassing all of the city/county-adopted codes related to code enforcement and property maintenance.
The conditions present must be “so extensive and of such a nature that the health and safety of residents or the public is substantially endangered.”

How much time must the city/county give to repair or abate?

A “reasonable time.”7 What constitutes a reasonable time depends on the facts and circumstances presented by each individual property.

What happens when a property owner fails to comply with the Health and Safety Notice to
correct violations?

“The enforcement agency may seek and the court may order the appointment of a receiver for the substandard building pursuant to this subdivision.”8 Once the “reasonable time” to repair/abate has expired, the only remaining notice requirement to owner/recorded interests, prior to filing an ex parte emergency application/petition, is the minimum three-day notice that the city/county must give to the owner that it intends to file the petition.

Can immediate family members, friends and other relatives assist in the process of obtaining
a receiver?

Yes. Frequently family members and friends have exhausted most remedies and welcome assistance. They can even sign declarations in support of the city’s petition.

What happens if a property has negative or minimal equity? Can a receiver still be appointed, and how can the receiver borrow money?

A property’s title profile, ownership or equity status have no effect upon whether a property meets the qualifications for appointment of a receiver. Title profile and equity are relevant to the receiver in assessing how to obtain the funds to accomplish the scope of work under the receivership and to the court in ordering super-priority status to the receivership certificates.9

Does the city need to adopt an enabling ordinance to authorize the use of receiverships?

No.10 A city does not need to adopt any type of enabling ordinance to access the enforcement remedies provided in the Health & Safety Code.

Have courts upheld a receiver’s discretion as it relates to whether to demolish, rehabilitate or vacate properties?

Yes. Most recently, in Santa Monica, the court appointed a receiver over substandard residential rental property and authorized the receiver to contract for demolition of the property over the owner’s objection, in a case where the property had a long history of unsafe and unsanitary conditions in violation of local building codes.11 The California Supreme Court upheld the receivership and also upheld the lower court’s decision and direction to the receiver to demolish the residential structure.

Is the city or county responsible for supervising the actions of the receiver or responsible for actions the receiver takes?

No. A receiver is an agent and officer of the appointing court.12 As an officer of the court, a receiver is not an agent of any particular party to the action, but represents all persons interested in the property.13 Property in receivership remains under the court’s control and continuous supervision.

Can we recover our attorney’s fees associated with asking the court to appoint a health and safety receiver?

Yes. The “prevailing party” in an action to appoint a receiver “shall be entitled to reasonable attorney’s fees and court costs as may be fixed by the court.”14

Putting the Burden Where It Belongs

Many local agencies are seeing an increase both in code violations and recalcitrant attitudes on the part of property owners and occupants. Even the courts have recognized that it frustrates code enforcement efforts and rewards noncompliance if the city has to bear the fees it incurred as a result of a property owner’s recalcitrance.15 Instead, using code enforcement tools that require property owners to reimburse the city for its legal fees “induces compliance with the city’s regulatory authority.”16

Health and safety receiverships offer an aggressive, effective remedy for substandard property that puts the burden and cost of abatement where it belongs — on those who created the blight and/or are responsible for the property.

Originally posted by Spookycolt
Why would the government want to do this?

Any good conspiracy needs a basis in reality to begin with.

How the Government Takes Private Property

As the government makes its plans for expansion and improvement of publicly maintained roads and utilities, it determines which private parcels will be affected. Once it makes that determination, the government will work with its own appraisers to determine the appropriate price for the necessary property interests. When the government has established its estimation of the property value, it may offer the landowner a particular price for the property. If the property owner agrees, the government buys the land. If the property owner disputes the government's valuation and they cannot agree on a price, the matter will go to condemnation proceedings.

During condemnation proceedings, the property owner will get to offer his or her own valuation for the property.
Typically, the property owner will work with an attorney and an appraiser. The attorney will protect the property owner's legal rights respecting the involved property, and the appraiser will work to establish the property's fair market value. The property owner may also oppose a forced sale by contesting the government's proposed use of the property. As long as the use is proper, however, this type of challenge will fail. As an alternative, the landowner may also claim that the extent of the property the government is attempting to condemn is too great and that its purposes can be fulfilled with less intrusion. Generally speaking, the government is only allowed to invade the property rights of individuals to the extent necessary to accomplish the intended public purpose.