[Adopted R.O. 1966 § 15:10-10; Ord. 6PSF-F, 6-15-2016]
In the event that any owner or lessor
of such building or structure in the City shall violate such ordinances
or State laws applicable thereto, or fail to abate a condition harmful
to the health and safety of the occupants of the building or structure
or the general public, after notice and opportunity to abate, remove
or remedy, as provided for in this chapter, the Director of the Department
of Engineering may, by and with the approval of the Municipal Council,
bring an action in the Superior Court to be appointed receiver ex
officio of the rents and income from such property and expend the
same for the purpose of abating the 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 City of any fines or penalties
which may have been imposed on the owner or lessor for violations
of such ordinances or State laws applicable thereto, which have not
been paid by the person liable therefor. Such receiver shall not be
required to give bond and shall be appointed only for the purpose
herein set forth.
[Adopted R.O. 1966 § 15:10-11]
a. Upon his/her 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 mortgagee,
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 rents and income from such real property and manage
the same. In all other cases the receiver, by and with the approval
of the Municipal Council, may designate the person in charge or management
of such real property or some other competent person as the receiver's
agent to collect the rents and income from such real property and
manage the same.
b. The mortgagee or other person so designated
shall account promptly to the receiver for the rents and income collected,
subject also to the order of the Court; provided, however, that if
the mortgagee or other person so designated is 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/her. The Court, upon removing such mortgagee or other person,
in its discretion, may designate 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.
[Adopted R.O. 1966 § 15:10-12]
Except as otherwise provided herein,
the procedure in respect to any such receivership provided by this
chapter shall be as in the case of receiverships to secure the payment
of delinquent taxes, penalties, interest, costs and expenses.
[Adopted R.O. 1966 § 15:10-13]
In any such receivership no fees
shall be allowed the receiver or his/her counsel for acting as such
receiver or counsel.