A.
Court action for rent receiver. In the event the owner of a substandard multiple dwelling fails to comply with an order for repair, alteration or improvement after notice and opportunity to do so and where such failure to comply results in the continuation of a condition or conditions harmful to the health and safety of the occupants of the multiple dwelling or to the general public, the public officer shall, by and with the approval of the Municipal Council, bring an action in the Superior Court pursuant to Chapter 168 of the Laws of 1966, or as hereafter amended or supplemented, to be appointed receiver ex officio of the rents and income from such property and expend the same for the purpose of making such repairs, alterations or improvements as are necessary to correct the harmful condition or conditions. The rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership as may be adjudged by the Court and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this article and which have not been paid by the person liable therefor.
B.
Appointment of managing agent. Upon his appointment, the receiver, by and with the approval of the Municipal Council, in all cases where the real property in question is encumbered by a first mortgage, shall appoint such first mortgagee, if such mortgagee is a proper person and is willing to accept such appointment, as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver, by and with the approval of the Municipal Council, may designate some other competent person as the receiver's agent to collect the rents and income from such real property and manage the same, which mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other persons so designated are derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the Court for the removal of such designated mortgagee or other person, upon notice, in writing, to him and for the designation, in the Court's discretion, of another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.[2]
[2]
Editor's Note: Original Section 12-6.9, Procedure to Impose Rent Controls, which immediately followed this section, was deleted 6-22-1992 by Ord. No. 1992-5.
[1]
Editor's Note: Original Sections 12-6.5 and 12-6.6, regarding rent control, which immediately preceded this section, were deleted 6-22-1992 by Ord. No. 1992-5.