Nuisance and dilapidated properties often place a significant burden on public safety agencies. Fire departments responding to incidents at vacant or unsafe structures can incur thousands of dollars per call, depending on the severity and resources required. These costs cover personnel time, apparatus use, equipment wear, and liability risk. Repeated calls due to fires, squatting, overdoses, or hazardous conditions can result in annual emergency response costs of thousands of dollars in high-impact areas, overwhelming city resources that could be directed toward other areas. The receivership remedy offers cities a structured way to intervene before these costs spiral further. By appointing a receiver to handle the work under court supervision, abatement costs come out of the property’s equity rather than burdening the city’s resources or taxpayers.
Community Approaches to Code Enforcement
June 12, 2025
Guest author Pete Roque of 4 Leaf Inc explains how different communities structure their code enforcement team into different divisions. Code enforcement is a great way to ensure that your community is not overtaken (or ruined) by unsightly buildings, houses, activities, or businesses.
Receivership is a court-ordered remedy that puts a disputed asset—be it real property or a troubled business—under the control of a third-party neutral receiver. When applied strategically, the receivership remedy can be very effective. Our team has been able to solve a wide range of complex cases that required creativity, compliance, and community-minded leadership.
Recent data from ATTOM's April 2025 U.S. Foreclosure Market Report highlights significant property foreclosure increases in several states, emphasizing the need for proactive measures to address the resulting public health and safety concerns.
Some of the most effective interventions for unsafe, deteriorating properties begin with a legal mechanism designed to protect public health. The health and safety receivership remedy is a powerful tool for addressing substandard properties that pose serious risks to public welfare. But successful receivership outcomes often depend on more than legal authority—they require compassionate collaboration with homeowners or tenants who may be struggling with complex challenges.
Health and Safety Receiverships are a remedy for distressed properties, which are known as a public nuisance under the law. In a receivership, a receiver is appointed by the court to revitalize nuisance properties after a lawsuit has been filed against the property owner. In these situations under public nuisance law, the receiver will often work with local law enforcement and fire departments until the situation is resolved.
A successful health & safety receivership restores order to a long-neglected residential property. After years of unresolved code violations and deteriorating conditions, a single family home in Fresno is now secure, cleaned out, and poised for sale—thanks to the use of a health and safety receivership.
While there is no specific health and safety receivership statute in Arizona, courts have shown flexibility in using existing receivership laws to protect public safety.
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