Section 27-2134. Proceedings on return of order to show cause  


Latest version.
  • a. On the
      return of the order to show  cause,  determination  thereof  shall  have
      precedence over every other business of the court unless the court shall
      find  that  some  other  pending  proceeding, having a similar statutory
      preference, has priority.
        b. If the court finds that the facts stated in the application warrant
      the granting thereof, then it shall appoint the commissioner of  housing
      preservation  and  development receiver of the rents, issues and profits
      of the property.
        c.  Notwithstanding  subdivision  b  of  this   section,   if,   after
      determination  of  the  issue,  the owner, or any mortgagee or lienor or
      other person having an interest in the  property,  shall  apply  to  the
      court  to  be  permitted to remove or remedy the conditions set forth in
      the department's application  and  shall  (1)  demonstrate  the  ability
      promptly  to  undertake the work required; and (2) post security for the
      performance thereof within the time,  and  in  the  amount  and  manner,
      deemed  necessary by the court, then the court may in lieu of appointing
      a receiver issue an order permitting such person  to  perform  the  work
      within  a time fixed by the court. If at the time fixed in the order the
      work has not been satisfactorily done,  the  court  shall  appoint  such
      receiver.  If  after  the  granting  of  an order permitting a person to
      perform the work but  before  the  time  fixed  by  the  court  for  the
      completion  thereof  it  shall  appear to the department that the person
      permitted to do the same is not proceeding with due diligence, then  the
      department  may  apply to the court, on notice to those persons who have
      appeared in the  proceeding,  for  a  hearing  to  determine  whether  a
      receiver shall be appointed immediately. On the failure of any person to
      complete  the  work  in accordance with the provisions of an order under
      this subdivision, the department, or any receiver  thereafter  appointed
      shall  be  reimbursed  for  costs  incurred by him or her in removing or
      remedying the condition and other charges herein provided for out of the
      security posted by such person.