Section 17980.3 Of Article 3. Actions And Proceedings From California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 5. >> Article 3.
17980.3
. (a) Any receiver appointed pursuant to this section shall
have all of the powers and duties conferred by this section, and
Sections 17980.1 and 17980.2, and shall have the powers and duties of
a receiver appointed in an action to foreclose a mortgage on real
property, as provided in Chapter 5 (commencing with Section 564) of
Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with
all reasonable speed, shall remedy the unsafe condition and remove
all the delinquent matters and deficiencies in the building, as
specified in the abatement order. Unless otherwise ordered by the
court, the receiver shall have the power to let contracts therefor or
incur expenses in accordance with the provisions of local laws,
ordinances, rules, or regulations applicable to contracts for public
works.
(b) If the conditions of the premises and repairs thereto
significantly interfere with the peaceful enjoyment or safe and
sanitary use of the premises by any tenant, the receiver shall
arrange for comparable temporary housing which is decent, safe, and
sanitary for each tenant required to be relocated. The receiver shall
pay relocation costs to each tenant as provided in Section 7262 of
the Government Code. The costs shall be limited to the time that the
premises are being repaired. The receiver shall mail to the owner and
tenants at least 30 days prior to completion of the repairs a notice
that the unit will be available for occupancy. The tenant shall have
14 days from the date the receiver's notification was mailed to
notify the landlord of his or her intent to reoccupy the dwelling
unit. The tenant shall have seven days to reoccupy the unit once the
unit is deemed habitable. Failure of the tenant to notify the owner
and receiver of the tenant's intent to reoccupy the unit shall
extinguish this right to reoccupy.
(c) The receiver shall be entitled to the same fees, commissions,
and necessary expenses as receivers in actions to foreclose
mortgages. These fees and commissions shall be paid into any fund
created pursuant to Section 17980.5. The receiver shall be liable
only in the receiver's official capacity for injury to person and
property by reason of conditions of the premises in a case where an
owner would have been liable. The receiver shall not be liable in the
receiver's personal capacity. Upon the request of the receiver, the
enforcement agency or the department, or both, shall make their
personnel and facilities available to the receiver for the purpose of
carrying out the receiver's duties as the receiver, and the cost of
these services shall be deemed a necessary expense of the receiver.
(d) The receiver shall be discharged upon rendering a full and
complete accounting to the court when the condition has been removed
and the cost thereof and all other costs authorized by this section
have been paid, reimbursed, or made subject to a lien pursuant to
subdivision (b) of Section 17980.2, or any combination of these. Upon
the removal of the condition, the owner, the mortgagee, or any
lienor may apply for the discharge of the receiver of all moneys not
expended by the receiver for removal of the condition and all other
costs authorized by this section.