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A common problem we see across the region is a city’s frustration with commercial nuisance properties. When left in a neglected state, these substandard properties pose a risk to communities because of lingering or worsening hazardous conditions. They also become hotbeds for crime, attracting squatters and illegal activity that compromises feelings of safety and security. Health & Safety Code § 17920.3 “Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building…” Link to

Unfortunately, out of the 4.2 million small businesses in California, there are numerous closures every year. Businesses fail, corporations go into bankruptcy, and many Californians are left trying to figure out how to weather the storm.

For nearly a decade, the City of Banning had to endure the challenges brought on by six unfinished commercial buildings spread over 9 acres of land located just off the 10 Freeway. The problem wasn’t necessarily that the buildings were unfinished, but rather that the unfinished buildings had been overrun by transients and squatters taking up residency within these structures resulting in hundreds of violations of State and local laws, numerous fires, hazardous conditions, and an accumulation of garbage and debris. What was once a place of potential future economic growth and development for the City of Banning, had quickly become more than just an eyesore, but a dangerous threat to the health and welfare of the community.

By Neil Sheaffer

By Neil Sheaffer

Health & Safety Receiverships are a valuable tool to reestablish abandoned properties. There are countless vacant lots and abandoned structures across California with no apparent useful purpose. There are just as many countless explanations as to why these commercial and residential properties are abandoned. Abandonment can come at the hands of death (tenant or otherwise), a business or personal relationship gone sour, defunct or bankrupt owners, or simply by owner’s choice. Regardless, the deserted property will likely succumb to disrepair, and as a result, leave behind quite the eyesore for the surrounding community. Beyond the displeasing aesthetic, vacant properties also pose a rather significant danger to the health, safety and welfare of the neighborhood as a whole. Unsecured properties intrinsically create dangers ranging from the deteriorating structure itself to the higher crime rates tied to the vacant property. From a crime perspective, vacant properties often welcome trash dumping, graffiti, vandalism and trespassing. Further, threats arise from overgrown vegetation causing fire-hazards and vermin infestation spreading throughout the neighborhood affecting surrounding residents and businesses. Ultimately, conditions such as these result in neighborhood decline and a drop in surrounding property values. A court-appointed Health & Safety Receiver can provide the remedy abandoned properties and their surrounding neighbors truly need.