Hoarding presents a multifaceted challenge impacting numerous communities and creating unique challenges for city officials, legal professionals, and public health experts. Effectively addressing this issue involves balancing individual rights with public safety concerns. In this blog, we examine the legal processes for intervention, emphasizing the applicability of California health and safety receivership laws.
In the context of hoarding, receivership refers to a legal process where a court appoints a receiver to address hazardous conditions created by the accumulation of items and debris in and around a person's home. The receiver is responsible for ensuring the living environment is safe and sanitary. Oftentimes, by the time a receiver is appointed, a living space affected by hoarding conditions will require substantial cleanout, organization, and repurposing or disposing of items. This intervention is often used when individuals are unable or unwilling to make the necessary changes themselves.
For city officials, code enforcement managers, and legal professionals, having a strong understanding of the legal system is crucial for effective management of hoarding situations. The following are key elements of the relevant legal proceedings:
The process will begin with inspections, which may require a search warrant if access to the property is not voluntarily granted. In most cases, owners or habitants are cooperative with enforcement officials. However, in rare instances, further enforcement may be required. Under California Code of Civil Procedure 1822.50, a warrant can be issued, commanding a state or local official “to conduct any inspection required or authorized by state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning.”
Some cities in California have specific codes related to relocation for residents of properties found to be in violation of health and safety codes due to hoarding. These codes outline the procedures for relocating residents safely while ensuring their rights are protected. Check your local ordinances for potential relocation options.
Hoarding can often lead to severe violations of building codes and fire safety regulations. Accumulated items can impact ingress and egress, increase the risk of fires due to an accumulation of combustible materials, and create unsanitary conditions, among other things. City officials must evaluate the property against local building codes and fire safety standards, documenting any violations that need to be addressed.
Public health issues such as sanitation and pest control are significant concerns as well. Piles of accumulated debris and items can attract pests and create unsanitary conditions such as infestations and biohazards that pose health risks to the occupants and neighbors. Addressing these concerns often involves coordinating with public health agencies to certify comprehensive remedies are safely implemented.
Hoarding did not exist as a stand-alone disorder before 2013 when it was eventually acknowledged in the Diagnostic and Statistical Manual of Mental Disorders, 5th ed. (DSM V). In some cases, and when working with individuals with such challenges, addressing hoarding through the receivership remedy can be the first step toward the individuals receiving assessments and help. Obtaining a mental health evaluation can be a critical component that can provide insights into the individual's condition, and help tailor interventions that address both the immediate health risks and the underlying psychological issues. This ensures that the well-being of the person or persons involved is also taken into account.
Proper documentation is essential throughout the process, from the initial inspection up until a clean-out is complete. This includes recording the condition of the property, taking a comprehensive inventory of items, any actions taken along the way, and communication with the property owner. Detailed documentation helps ensure that all legal procedures are followed, the resident’s rights are protected and provides a record for any potential legal proceedings.
By the time receivership is considered as a method of intervention, a municipality will have already attempted to bring the property back into compliance through the cooperation of the property owner. If unsuccessful, consideration of a receiver may be the best option. The following legal process for nomination and appointment of a receiver has several steps to ensure accountability and fairness to all interested parties, with the common goal of restoring safety to communities.
Under Health & Safety Code § 17980, et seq., a court can appoint a health and safety receiver if a property substantially endangers public health or safety. The process begins with a petition for the appointment of a receiver, demonstrating that the property is in severe disrepair and that the owner has failed to make necessary corrections.
Before a receiver is nominated, the property owner must be issued a Notice and Order. This notice details the specific code violations and provides a timeframe for corrective actions. The property owner is given a chance to address these issues themselves before further legal action is taken.
Property owners are typically given a reasonable opportunity to correct the violations. This period allows them to make necessary repairs and improvements before more drastic measures, such as receivership, are implemented.
If the violations are deemed to substantially endanger public health or safety, and if the owner fails to make corrections, a petition for the appointment of a receiver may be filed by a municipality. The court will then review the evidence and decide whether to appoint a receiver.
Before filing the petition, the municipality must provide formal notice to the property owner and all recorded lienholders.
Navigating the legal procedures for remediating hoarder properties can be complex, requiring careful consideration and adherence to laws and regulations. With a deeper understanding of city and state processes, city officials and legal professionals can more effectively address hoarding situations while protecting public health and safety.
Griswold Law’s team has several decades of combined experience providing receivership services, having been appointed over 220 times across California. Contact Griswold Law to learn more about the receivership remedy.