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What is a Health and Safety Receivership?

A Health and Safety Receivership is an effective legal remedy under California law that facilitates the reestablishment of substandard properties, which include properties that show problems of hoarding, drug/slum activity, fire or water damage, unpermitted construction or habitation, or properties that have been abandoned. There are many substandard properties across California that are clearly neglected and/or vacant with no useful purpose. These properties are an eyesore to the public and can be a danger to the health, safety and welfare of the surrounding community. Health and Safety Receiverships can reduce the number of substandard properties and demonstrates to the community that the city or county is taking steps to rehabilitate problem properties.

Receivership Remedy: Securing Vacant Properties

Health & Safety Receiverships are an effective tool to restore vacant properties. There are many vacant residential and industrial properties across California that are half-built or abandoned with no useful purpose. These vacant properties are not only an eyesore for the surrounding community but also pose a threat to the health, safety and welfare of the neighborhood. The existence of a vacant property boosts crime and vandalism, contributes to neighborhood decline, negatively affects surrounding property values, creates a public nuisance and requires costly code and police enforcement. A vacant residential property may become a haven for criminal conduct and a vacant industrial site may become an illicit dump. When a vacant property is left unsecured, resourceful trespassers can easily take over the property which can lead to an increase in fires and crime. Vermin also make their home in the vacant space and spread throughout the neighborhood. A court-appointed Receiver can be a remedy for these vacant properties.

Relocating Occupants During Rehabilitation

Health and Safety Receiverships are an extremely valuable remedy to alleviate blight and to restore problematic properties within a community or neighborhood. A Health and Safety Receiver is a neutral third-party appointed by the court to take temporary control over substandard properties with the intent of resolving any potential health and safety threats. A Receiver is responsible for repairs and restoration to the property and to ensure that the property is transformed back into a safe and habitable dwelling. Health and Safety Receiverships can successfully rehabilitate distressed properties when the home owner is unable to remedy the code violations on his or her own. Health and Safety Receiverships are a very effective solution to bring a property into compliance with building and housing codes while also providing residents a safe place to stay while the rehab project is underway.

Receivership Remedy for Fire Damaged Properties

Health and Safety Receiverships are utilized for a wide arrange of distressed properties, including fire damaged properties. Fires may ignite outside or inside a property for a number of different reasons. Natural wildfires, electrical hazards, smoking and candles, just to name a few. Sometimes the conditions on the property are already so severe (i.e. hoarding, ill-maintained structures, faulty wiring) that the conditions themselves cause a fire. Other times, a perfectly suited property becomes badly damaged by the flames, heat, smoke and water after a fire. Fire damage causes properties to become structurally unsound and compromised and at a risk of collapsing, making it dangerous for anyone to be onsite. Firefighters may have cut holes in walls looking for hidden flames or may have cut holes in the roof to release heat and smoke. Fires often re-ignite even after appearing to be extinguished. Hazardous materials and structural damage pose serious threats to the health and safety of the occupants and surrounding community.

Health and Safety Receivership Remedy to Protect the Neighborhood

A Health and Safety Receivership is a legal remedy to combat neighborhood blight and transform problematic properties back into safe and habitable structures. A house or building within a community may be deteriorating due to various reasons ranging from severe hoarding, contaminated or unsafe living environments, or owner abandonment. Deteriorating properties are usually produced because no responsible party is willing or able to address the problems on the property. Whether due to an uncooperative property owner, quarreling heirs, disputes regarding title, or an owner that cannot be located, the structure or dwelling is poorly maintained making it an eyesore and hazard to the community. When a property is in severe disrepair and a danger to its tenants or neighboring residents, the property will affect the entire neighborhood.

California Health & Safety Receiverships: Collaboration with Guardian Ad Litems

Health and Safety Receivership actions often deal with homeowners who are packrats/hoarders, elderly, or mentally/physically disabled. These types of homeowners may not be able to properly maintain and care for their house, which leads to loss of control of the property and the commencing of a receivership action. A Court-Appointed Health and Safety Receiver is temporarily appointed by the court to address the health and safety concerns of substandard properties that have been neglected by property owners. A Health and Safety Receivership can successfully rehabilitate distressed properties when the homeowner is unwilling or unable to remedy code violations themselves.

Receivership Remedy for Abandoned Properties

Receivership Remedy for Hoarding Properties

Hoarding is a serious clinical disorder where an individual has obstinate difficulty discarding or parting with belongings. A person with a hoarding disorder experiences distress at the idea of getting rid of their possessions because they have an inherent need to save them. This mentality results in excessive accrual of belongings regardless of actual value. Hoarding behaviors can produce an unsafe environment posing a health and safety risk to the people living in the home. A Court-Appointed Health & Safety Receiver can remedy the effects of extreme hoarding at residential properties. The court can appoint a neutral third-party receiver to take control of the property to remedy the challenging hoarding conditions.
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