Section 27-2132. Order to show cause  


Latest version.
  • a. The department, upon failure of the
      owner to comply with an order 27-2131 of this article  within  the  time
      provided   therein,  may  thereafter  apply  to  a  court  of  competent
      jurisdiction in the county where the property is situated for  an  order
      directing  the  owner  and  any  mortgagees or lienors of record to show
      cause why the  commissioner  of  housing  preservation  and  development
      should not be appointed receiver of the rents, issues and profits of the
      property and why the receiver should not remove or remedy such condition
      and obtain a lien in favor of the department of housing preservation and
      development against the property having the priority provided in article
      eight  of  this  subchapter to secure repayment of the costs incurred by
      the receiver in removing such conditions. Such application shall contain
      (a) proof by affidavit that an order of the department has been  issued,
      served  on  the  owner, mortgagees and lienors, and filed, in accordance
      with section 27-2131 of this article; (b) a  statement  that  a  serious
      fire  hazard or a serious threat to life, health, or safety continued to
      exist in said dwelling after the time fixed in the department order  for
      correction  of  the  condition,  and  a  description of the dwelling and
      conditions involved; (c) a brief description of the nature of  the  work
      required  to  remove  or  remedy the condition and an estimate as to the
      cost thereof.
        b. The order to show cause shall be returnable not less than five days
      after service is completed.
        c. A copy of the order to show cause, and the papers on  which  it  is
      based,  shall be served on the owner, mortgagees of record, and lienors.
      If any such persons cannot  with  due  diligence  be  served  personally
      within  the city within the time fixed in the order, then service may be
      made by posting a copy of the  order  in  a  conspicuous  place  on  the
      premises,  and by sending a copy thereof by registered mail to the owner
      at the  last  address,  if  any,  registered  by  such  owner  with  the
      department,  or  to  his  or  her  last  address,  if  any, known to the
      department, or, in the case of a mortgagee or lienor, to the address set
      forth in the  recorded  mortgage  or  lien,  and  by  publication  in  a
      newspaper  of  general circulation in the county where such premises are
      located. Service shall be deemed complete on filing proof thereof in the
      office of the clerk of the court in which application for such order  is
      made.