posted on Feb, 3 2013 @ 05:16 PM
This thought crossed my mind today, and I figured I'd do a little digging on this topic. Basically what I'm getting at here is:
What if the government used code enforcement on certain areas to force people to relocate, to whatever the government chooses, be it a "FEMA CAMP" or
designated zones for masses of people to live, and maybe work for slave labor. It would give the government the chance to do a land grab, plus it
would allow greedy corporations and banks to buy up land for dirt cheap.
Now, I'm not saying that certain code enforcement isn't necessary, because I've seen some places in pretty bad condition, so code enforcement can be
reasonable right now, but what if they use it as another covert tactic of robbing the American people of their freedoms?
A court appoints a receiver to manage expenses created through the code enforcement process, so they could appoint banks, or rich private interests to
oversee these projects, and leave you on the street. So any code gurus feel free to chime in.
Here are a few small examples of what they could use as an excuse to push people out of their homes.
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
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
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
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
“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
Yes. Frequently family members and friends have exhausted most remedies and welcome assistance. They can even sign declarations in support of the
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
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.
edit on 2/3/2013 by eXia7 because: (no reason given)