Section 1374. Receivership  


Latest version.
  • 1. In the event of failure to comply with an
      order issued pursuant to this title and containing  provision  for  such
      application,  the  officer  issuing  the  order  may apply to a court of
      competent jurisdiction in the county wherein the dwelling is located for
      an order appointing such officer or his designee receiver of  the  rents
      of  such dwelling for the purpose of effectuating the provisions of such
      order.
        2. An application for appointment of a receiver hereunder shall be  on
      at  least ten days' notice to the owner of the dwelling, effected in the
      same manner as  in  an  action  to  foreclose  a  mortgage.  A  receiver
      appointed  hereunder  shall  not have any right superior to those of any
      mortgagee or lienor of record who has not had at least ten days' notice,
      by personal service or registered or certified mail, of the  application
      for appointment of a receiver.
        3.  A receiver appointed hereunder shall have the power to collect the
      accrued and  accruing  rents  of  the  dwelling  and  shall  apply  such
      collected  rents  to  costs and expenses incurred in connection with (a)
      removing, replacing, repainting and covering surfaces  of  the  dwelling
      necessary  to  effectuate  the provisions of the order of abatement, (b)
      interim operation and management of the dwelling, (c) administration  of
      the receivership.
        4. As soon as practicable after completion of his duties, the receiver
      shall  render  a  full accounting to the court and, upon payment over of
      any surplus moneys to the owner  or  other  persons  as  the  court  may
      approve  or direct and upon the order of the court, he shall be relieved
      of any further  responsibility  or  liability  in  connection  with  his
      receivership.