Kevin Singer: Health and Safety Court Receiver
A Health and Safety Receiver can be appointed when the presiding judge to a case follows California Health and Safety Code § 17980.7(c).
This code allows for the appointment of a court receiver in order to enforce the rights of an agency, tenant, or tenant association or organization provided they have a recorded real interest in the property.
The primary reasons for the appointment of a health and safety receiver include but are not limited to: code violations, hazardous waste, and unsafe conditions.
Health and Safety Receiver: The Definition
Like all receivers, a health and safety receiver serves as a neutral third party appointed by a judge to carry out the orders of the court. In this particular case, the court orders are usually meant to bring the property to code and ensure the public safety as it relates to the property.
In order to have a receiver appointed by the judge, an individual or group must petition for the appointment of the receiver. The petition is a formal request that is made in court. It’s often best to hire an attorney to assist with this process.
Once the health and safety receiver has been appointed by the judge, they can review the case and become familiar with the issues and any code violations. They will create a project plan for making the property safe and fixe the violations. During this time, and throughout the entire receivership, they will report back to the judge and keep the court apprised of the progress. They will also report any difficulty or issues that may need the court’s assistance.
The health and safety receiver, acting on behalf of the judge in the case, has the authority to fully manage and maintain the property. This includes but is not limited to: securing funding against the property; hiring needed contractors, inspectors, and workers; rehabilitating the property; or even razing the property.
As previously stated, the receiver is a neutral third party appointed to carry out the order’s from the court. And just like the court, both the petitioner and the defendant may share with the receiver, through communications with their attorneys, their thoughts and ideas concerning the property. The receiver is free to implement these ideas or disregard them depending on what is in the best interest of the property and the receivership.
The receivership is considered to be completed, after all the code violations have been addressed and any and all safety violations are resolved.
Health and Safety Receiver: The Responsibilities
All receiverships are different. Health and Safety Receiverships are no exception. There are, however, many similarities present in the majority of all Health and Safety Receiverships. The most common responsibilities include but are not limited to:
The H & R Receiver is responsible for making sure the property undergoes proper inspections, make sure any code violations are noted so they can be addressed, and all any safety hazards that may post a health risk.
Once this is completed, a project plan must be created so that all tasks can be included in the timeline. A budget for completing the project plan must be included as well. Both the project plan and the budget must be submitted to and approved by the presiding judge in the case.
The H & R Receiver is authorized by the court to take out loans against the property to pay for the approved repairs and modifications to the property. They will supervise this work and make sure it is completed to code.
If required in the specific case, The H & R Receiver will manage the property. This includes collecting rents, creating contracts and rental agreements; pay taxes, utilities, and insurance.
It is also the responsibility of the H & R Receiver to communicate with the court on a regular basis. This communication may include relevant updates for owners, creditors, etc.
The receivership ends when the property has been returned to code and the judge declares the receivership to be completed. At this point, and as directed by the court, the H & R Receiver will turn the property over as directed by the court or will sell the property if directed by the court to do so.
Health and Safety Receivership: The Plan
It’s important that an H&R Receiver be experienced so that they may complete the receivership in a reasonable time. While the time to complete the project will vary depending on the specifics of the receivership, the timeline will often contain a number of similar steps with associated ‘time to complete’ for each. An experienced court receive will be able to ensure that all the steps of the receivership plan are completed in a timely fashion.
Just about all H&R Receiverships include the following:
A receiver is requested and the presiding judge appoints a receiver over the case. The receiver reviews the case and assumes responsibility for the property in question.
If the property involved in the case is a residential property and if the property needs to be vacant in order for the work that will bring the property up to code may begin, the tenants of the property will be relocated to another location.
The receiver will hire the necessary contractors and workers need to bring the property up to code and make if safe. An experienced H&R Receiver can make sure this accomplished in a timely manner.
The property will be inspected to make sure it is safe and any and all deficiencies have been remedied.
The property is then either returned to the owner, the prevailing party to the case, or put up for sale so the proceeds may be distributed in accordance to the orders of the court.
Health and Safety Receiver: For the Community
There are many reasons for seeking an H&R Receivership. These include but are not limited to:
The property is abandoned.
The property has a large amount of junk or refuse. This may include hazardous materials
There are dangerous substance on the property like mold, asbestos, rodents, etc.
The property has become a center for crime or illegal activity. Or if individuals are living on the property illegally.
The property has foundation issues or is structurally unstable.
There are unresolved code violations.
Health and Safety Receiver: The Answer
An H&R Receivership provides a legal and proven means for distressed properties to be made safe for the community around them. An experienced Health and Safety Receiver can make sure it is accomplished in a timely manner and the costs of the remediation are reasonable.
For more information, Contact Kevin Singer at 877.755.9064.
