ARTICLE II. JUDICIAL RECEIVERSHIP PROCEEDINGS
Section
15.22 Purpose and intent
15.23 Definitions
15.24 Authority to seek appointment of receiver
15.25 Eligibility for receivership
15.26 Required findings
15.27 Authorization to initiate proceedings
15.28 Petition for appointment of receiver
15.29 Powers and duties of receiver
15.30 Recovery of receivership costs
15.31 Cumulative remedies
15.32 Severability
§ 15.22 PURPOSE AND INTENT.
(A) The purpose of this article is to establish a judicial receivership process as an additional enforcement mechanism for the abatement of public nuisances, dangerous buildings, substandard buildings, and other properties that pose a substantial threat to the public health, safety, or welfare and have not been brought into compliance through the City's administrative enforcement procedures established by this chapter.
(B) It is the intent of the City Council that judicial receivership be used only as a remedy of last resort after reasonable efforts to obtain voluntary compliance and utilize the administrative enforcement procedures provided in this chapter have been unsuccessful or are inadequate to eliminate the nuisance conditions.
(C) Nothing in this article shall be construed to limit or replace any other administrative, civil, criminal, or equitable remedy available to the City under this Code or applicable state law. The remedies provided by this article are cumulative and may be pursued independently or in conjunction with any other remedy authorized by law.
§ 15.23 DEFINITIONS
"CHRONIC NUISANCE PROPERTY." A property that has been the subject of one or more notices of violation, compliance orders, administrative enforcement actions, or other enforcement proceedings under this chapter and that continues to contain one or more unabated public nuisance conditions after reasonable opportunities for voluntary compliance have been provided.
"RECEIVER." A person or entity appointed by a court of competent jurisdiction pursuant to applicable state law to take possession of, manage, operate, secure, repair, rehabilitate, or otherwise bring real property into compliance with applicable laws and court orders. "JUDICIAL RECEIVERSHIP." A receivership established by order of a court of competent jurisdiction pursuant to applicable state law for the purpose of abating public nuisances, correcting dangerous or substandard conditions, and restoring property to compliance with applicable laws.
“RECEIVERSHIP COSTS” - All reasonable costs incurred by the City in connection with pursuing or participating in a receivership action, including but not limited to staff time, administrative expenses, consultant costs, attorney's fees where authorized by law, court costs, recording fees, and any other costs recoverable by law. § 15.24 AUTHORITY TO SEEK APPOINTMENT OF RECEIVER.
(A) In addition to any other remedy authorized by this chapter or applicable law, the City Attorney is authorized, upon approval of the City Manager, to commence and prosecute an action in the Tehama County Superior Court seeking the appointment of a receiver for any chronic nuisance property pursuant to California Health and Safety Code Section 17980.7, as may be amended, and any other applicable provision of state law. (B) The authority granted by this section may be exercised only when the City determines that the conditions set forth in § 15.25 of this article have been satisfied. (C) The decision to seek the appointment of a receiver is discretionary, and nothing contained in this article shall be construed to create a mandatory duty upon the City to initiate judicial receivership proceedings for any property.
(D) The City may seek the appointment of a receiver for the purpose of abating public nuisances, correcting dangerous or substandard conditions, protecting the public health, safety, and welfare, and restoring the property to compliance with applicable laws. § 15.25 ELIGIBILITY FOR RECEIVERSHIP.
A chronic nuisance property shall be eligible for judicial receivership only when the City determines that all of the following conditions exist:
(A) The property constitutes a public nuisance, dangerous building, substandard building, or immediately dangerous condition as defined by this chapter. (B) The responsible party has failed to comply with one or more notices of violation, compliance orders, administrative enforcement orders, or other lawful orders issued pursuant to this chapter.
(C) The period for voluntary compliance has expired, and any applicable administrative appeal rights have been exhausted, waived, or have expired.
(D) The nuisance conditions have continued to exist or have recurred despite reasonable enforcement efforts by the City.
(E) The conditions on the property substantially endanger the public health, safety, or welfare, or pose a continuing threat to neighboring properties or the community. (F) The City determines that judicial receivership is necessary because other available enforcement remedies have failed or are unlikely to achieve timely compliance, and continued enforcement through administrative or traditional abatement processes would require the repeated expenditure of substantial public resources while allowing the nuisance conditions to persist.
§ 15.26 REQUIRED FINDINGS.
Prior to authorizing the filing of a petition for the appointment of a receiver, the City Manager shall determine, based upon the recommendation of the Community Development Director and any supporting documentation, that all of the following findings can be made:
(A) The property qualifies as a chronic nuisance property pursuant to this article. (B) The nuisance conditions constitute a public nuisance, dangerous building, substandard building, immediately dangerous building, or immediately dangerous condition as defined by this chapter.
(C) The responsible party has been provided notice of the violations and a reasonable opportunity to voluntarily correct or abate the nuisance conditions in accordance with this chapter.
(D) The responsible party has failed or refused to adequately correct or abate the nuisance conditions within the time prescribed by the City, or has demonstrated an inability or unwillingness to maintain the property in compliance with applicable laws. (E) Administrative enforcement remedies available under this chapter have been exhausted, proven ineffective, or are not reasonably likely to achieve timely compliance. (F) The appointment of a receiver is necessary to protect the public health, safety, or welfare, prevent further deterioration of the property, and secure timely abatement of the nuisance conditions.
(G) The anticipated public benefit of obtaining a judicial receivership outweighs the continued expenditure of City resources necessary to pursue alternative enforcement remedies. § 15.27 AUTHORIZATION TO INITIATE PROCEEDINGS.
(A) Upon making the findings required by § 15.26 of this article, the City Manager may authorize the Community Development Director to initiate judicial receivership proceedings in coordination with the City Attorney.
(B) Prior to requesting authorization, the Community Development Director shall prepare a written recommendation to the City Manager documenting:
1. The property's eligibility for judicial receivership;
2. The enforcement actions previously undertaken by the City;
3. The findings required pursuant to § 15.26; and
4. The basis for recommending that judicial receivership is the most appropriate and effective enforcement remedy.
(C) Upon authorization by the City Manager, the Community Development Director shall coordinate with the City Attorney to prepare and file all pleadings, petitions, motions, and other legal documents necessary to commence judicial receivership proceedings in the Tehama County Superior Court.
(D) The City Attorney shall represent the City in all judicial receivership proceedings and may take all actions necessary to prosecute, settle, or otherwise resolve the action in a manner consistent with applicable law and the direction of the City Manager. (E) Authorization to initiate judicial receivership proceedings may be withdrawn by the City Manager at any time prior to the appointment of a receiver if the responsible party has substantially corrected the nuisance conditions or if judicial receivership is no longer determined to be necessary to protect the public health, safety, or welfare. § 15.28 PETITION FOR APPOINTMENT OF RECEIVER.
(A) Upon authorization pursuant to § 15.27 of this article, the City Attorney may file a petition in the Tehama County Superior Court seeking the appointment of a receiver in accordance with California Health and Safety Code Section 17980.7, as may be amended, and any other applicable provision of state law.
(B) The petition may request any relief authorized by applicable law, including, but not limited to, the appointment of a receiver, authority for the receiver to rehabilitate or otherwise abate the nuisance conditions, recovery of enforcement costs, and such other orders as the Court deems necessary to protect the public health, safety, and welfare. (C) The City Attorney may amend, supplement, settle, dismiss, or otherwise resolve any judicial receivership proceeding as authorized by law and consistent with the direction of the City Manager.
§ 15.29 POWERS AND DUTIES OF RECEIVER.
(A) A receiver appointed pursuant to this article shall possess those powers and duties authorized by the order of the Tehama County Superior Court and applicable state law. (B) Subject to the order of the Court, the receiver may exercise all powers necessary to obtain compliance with applicable laws, including, but not limited to:
1. Taking possession and control of the property;
2. Securing and maintaining the property;
3. Obtaining permits and governmental approvals;
4. Entering into contracts for repairs, rehabilitation, demolition, maintenance, or other corrective work;
5. Employing contractors, consultants, property managers, attorneys, or other professionals;
6. Collecting rents or other revenues, when authorized by the Court;
7. Borrowing funds and securing repayment as authorized by the Court and applicable law;
8. Correcting public nuisance conditions and code violations; and
9. Performing any other act authorized by the Court necessary to bring the property into compliance with applicable law.
(C) Nothing in this section shall be construed to expand or limit the authority granted to a receiver under applicable state law or court order.
§ 15.30 RECOVERY OF RECEIVERSHIP COSTS.
(A) The City may recover all receivership costs incurred in connection with the investigation, initiation, prosecution, participation in, or conclusion of judicial receivership proceedings, to the fullest extent authorized by applicable law.
(B) Recoverable costs may include, but are not limited to:
1. Staff time;
2. Administrative costs;
3. Inspection costs;
4. Consultant and expert witness fees;
5. Attorney's fees where authorized by law;
6. Court costs;
7. Recording fees;
8. Title reports;
9. Costs incurred by the receiver that are recoverable under court order or applicable law; and any other enforcement costs recoverable pursuant to this chapter or state law. (C) The City may recover such costs through any method authorized by this chapter, court order, or applicable state law, including liens, special assessments, judgments, or any other lawful collection remedy.
§ 15.31 CUMULATIVE REMEDIES.
The remedies provided by this article are cumulative and in addition to any other administrative, civil, criminal, or equitable remedy available to the City under this Code or applicable law.
Nothing contained herein shall be construed to require the City to pursue judicial receivership before exercising any other enforcement authority.
§ 15.32 SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have adopted this article and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions be declared invalid or unconstitutional.