Receivership petitions succeed when cities present photos, timelines, and official records showing properties pose real public health and safety risks.
When a property poses a threat to public safety and the traditional enforcement toolkit has been exhausted, receivership offers cities and counties a powerful path forward. But for the court to find reasonable cause to appoint a receiver, the evidentiary record must be clear, comprehensive, and well-organized.
Photo Evidence
Photographic evidence is often the most compelling component of the petition. Wide-angle exterior photos should document blight, structural decay, fire damage, or overgrowth. Close-up photos should document details not otherwise noticeable in wider-angle photos. Interior photos should highlight hazardous conditions like hoarding, vermin infestations, exposed wiring, or mold. If the conditions have persisted over time, include multiple inspection photos from different dates to show deterioration. Photos should be of the highest quality possible, and presented in chronological order if documentation spans months or years with many inspections.
Chronological History of Documented Violations
Alongside the images, courts expect a full enforcement history. This includes notices of violation, administrative citations, orders to vacate, reinspection logs, and any correspondence with the owner. A chronological summary of events helps the court see the timeline of noncompliance and the city’s reasonable efforts to gain voluntary correction.
Declarations of Witnesses
Sworn declarations from code enforcement officers, inspectors, and other relevant officials are essential. These should outline what was observed, when, and how the conditions violate health and safety standards. Avoid boilerplate declarations—tailor them to the specific conditions of the property.
Official Records of Clear and Present Threats
Courts also want to see clear evidence that the conditions endanger health or safety, render the property uninhabitable, or present a threat to the community. This can include fire department reports, police calls for service, pest control documentation, or complaints from neighbors.
Finally, the court must see that the city has a neutral, experienced receiver prepared to step in. The petition should outline the intended path forward and include confirmation that the costs can be secured through the property’s equity or otherwise reimbursed.
In short, the stronger your record, the more likely the court is to act. A clear, fact-based petition that outlines the history, the hazards, and the proposed resolution gives the court confidence that receivership is not only warranted—but necessary.
Griswold Receivers Can Walk You Through The Process
The Griswold Receivers team provides services in California, Arizona, Nevada, and elsewhere, and is always an available resource for municipalities looking to solve complex property challenges. We have worked with cities and counties throughout the western region who are new to the receivership remedy on establishing solutions – including a successful path to receiver appointment. If you believe receivership is the best option for resolving your nuisance property issues in the community, contact us today for an evaluation.
