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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.

We were recently appointed by the San Diego County Superior Court to take control of an abandoned/nuisance strip mall in Lemon Grove, California.

Health and Safety Receiverships can successfully rehabilitate distressed properties within a community. A receivership is a legal and equitable remedy that allows for the possession and control of property by an unbiased third party referred to as a Court Appointed Receiver. A Court Appointed Receiver is a neutral third party appointed by the Court to take temporary control over substandard properties that are subject to a lawsuit. A receiver is not an advocate for any party but instead is an advocate for the court to protect and preserve the property. Once the court appoints a receiver, the property is under the direct control of the court through the receiver. A receiver’s authority is derived directly from the appointing court. The receiver is responsible for the general repairs and maintenance to the property and for ensuring that the property is brought into compliance with State and local codes.

Health and Safety Receiverships can successfully remedy substandard commercial properties in California. Substandard commercial properties may be neglected by absentee owners or landlords causing the property to fall into distress or disrepair. Maintenance needs of substandard income-producing commercial properties are often ignored by the owner to maximize profit by minimizing expenses on needed maintenance. A Court-Appointed Health and Safety Receiver can be the solution to protect communities and tenants from substandard commercial 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.

The City of San Diego successfully utilizes the health & safety receivership remedy for its most challenging substandard properties. San Diego KGTV 10News recently aired a story on how the City of San Diego approaches hoarding and other severe conditions within its communities. Receiver Red Griswold provides his insight and experience regarding the role of a receivership and how the remedy can resolve dangerous situations.