Section 27-2133. Temporary appointment of receiver  


Latest version.
  • a. If the condition of
      the premises is such that unless immediately  cured  irreparable  damage
      may  be  caused  to the building or it constitutes an imminent danger to
      its occupants or the occupants of adjoining properties, then  the  order
      to  show  cause may be returnable in the discretion of the court in less
      than five days, and in such case, service may be made by posting a  copy
      of  the  order  in  a conspicuous place on the premises and by mailing a
      copy to the owner at the address registered with the department  and  to
      the  mortgagees  and  lienors  at  their  respective  addresses. But any
      appointment of a receiver without service pursuant to subdivision  c  of
      section  27-2132  of this article shall be temporary only and expire not
      more than thirty days thereafter unless, prior to the expiration of  the
      thirty  days,  the department shall serve notice on the owner, mortgagee
      and lienors in the manner provided  for  in  subdivision  c  of  section
      27-2132  of  this  article  of intention to apply to the court at a date
      fixed in such notice and not less than five days after  the  service  of
      such notice, for an extension of the receivership. Upon such service the
      period   of   the   appointment  of  the  temporary  receiver  shall  be
      automatically extended for a further period of fifteen days. The  notice
      shall  also  contain,  in  addition  to  the order to show cause and the
      papers on which it is based, a statement of  any  expenditures  made  or
      obligations  incurred  by  the  receiver during the period of his or her
      temporary appointment. On the date fixed in the notice, the court  shall
      determine  whether  or  not  to  extend the period of receivership. Such
      determination shall be made as if the application were an  original  one
      for the appointment of a receiver.
        b.  A  temporary receiver shall have the powers and duties provided in
      section 27-2135 of this article,  except  that  he  or  she  shall  not,
      without  express order of the court, make any repairs or improvements to
      the property or incur any expenses in the operation thereof  during  the
      period  of  his  or  her  temporary  appointment  except  such as may be
      necessary (1) to remedy or remove the immediate condition or  conditions
      which  called  for  his  or  her  appointment,  and  (2) to the ordinary
      operation and maintenance of the property. For such specific purpose the
      receiver shall be entitled to let  such  contracts  and  undertake  such
      expenses as may be necesssary to accomplish the specific results without
      advertisements and without procuring competitive bids.