- What is a Health and Safety Receivership?
- Requesting the Appointment of a Health and Safety Court Receiver
- Characteristics of a Health and Safety Receivership
- Kevin Singer: A Health and Safety Court Receiver
What is a Health and Safety Receivership?
A health and safety receivership provides an individual or community with the remedy for alleviating the dangers of a distressed property. Via California Health and Safety Code §17980.7 (c), the individual or community may resolve the issue with no cost to them.
A Health and Safety Receivership, like other receiverships, is an effective legal means for receiving assistance from the courts to help you resolve issues. This is accomplished by the appointment of a court receiver: a court-approved neutral third party brought in to carry out the orders of the presiding judge.
Requesting the Appointment of a Health and Safety Court Receiver
In the case of a Health and Safety Receivership this is accomplished by the community or individual, who are negatively impacted by the nuisance property, hiring an attorney to appear before a judge and request the appointment of a court receiver to assist in the matter. The only way a health and safety receiver can work on a health and safety receivership project is to be appointed by a judge.
Once the Health and Safety Court Receiver has been appointed over the property, the receiver is able to take over the nuisance property and bring it up to code. This often requires hiring an inspector to determine code violations and issues that impact the safety of the property. The receiver will then bring the findings to the judge along with a project plan to resolve code violations and return the property to compliance. Once the project plan is approved by the judge, the project will begin.
Characteristics of a Health and Safety Receivership
A Health and Safety Receivership begins when residents or community members have exhausted every means at their disposal to enforce the compliance of code violations of a nuisance property. In a case like this, the owner of the property has already been cited for the code violations and has failed to remedy the violations. The residents or community members have tried and tried to get the owner to do something, but nothing else has worked. The property can be abandoned, unkept, or worse. In some cases the property has become a refuge for drug addicts or dangerous criminals. The property has made the community around it fill unsafe.
Once the property is in receivership, the steps to make the property safe can begin. It’s all about getting the owner of the property to respond the the citations they’ve receive and bring the property into compliance with the law. The receiver makes sure this happens. In most cases the owner of the property is responsible for the expenses of bringing the property into compliance.
After the property has been brought into compliance, the Health and Safety Receiver will be discharged by the judge. Depending on the judge’s decision regarding the property, it may returned to the owner or it may be sold.
Kevin Singer: A Health and Safety Court Receiver
Kevin Singer of Receivership Specialists is an experienced Health and Safety Court Receiver who has successfully completed several Health and Safety Receiverships. He also presented at CRFICW Loyola Law School, speaking on ‘Health & Safety Receiverships & The California Housing Crisis’.
For more information, use this form Contact Receivership Specialists or call 877.755.9064.
