In re: City of Atascadero

In re: City of Atascadero, 26CVP-0020

Hearing: Petition for Appointment of Receiver

Date: June 23, 2026

City of Atascadero (City) seeks appointment of a receiver to take control over the real property commonly known as 5444 Hermosilla Avenue in the City of Atascadero, California (Property) pursuant to Health and Safety Code (HSC) section 17980.7, subdivision (c), which provides cities with expedient enforcement measures to rehabilitate substandard housing that currently endangers the health and safety of residents and the public.

When a building is maintained in a manner that violates state or local building maintenance regulations and “the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered” (HSC § 17980.6), the local enforcement agency may issue a notice and order requiring repair or abatement of unlawful conditions. (City of Santa Monica v. Gonzalez (2008) 43 Cal.4th 905, 919-920.) If the owner of the building thereafter fails to comply with the notice and order in a reasonable period of time, the enforcement agency can seek an order from the trial court appointing a receiver to oversee compliance. (Id. at p. 921; see HSC § 17980.7, subd. (c).)

The enforcement agency must show the following two factors to obtain appointment of a receiver: (1) the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation and (2) the proposed receiver has demonstrated a capacity and expertise to develop and supervise a viable financial construction plan for the satisfactory rehabilitation of the building. (HSC § 17980.7, subds. (c)(1), (c)(2).)

This statutory framework requires that “The petition shall be served on the owner pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.” (HSC § 17980.7, subd. (c).)

The Court finds no evidence the Owner was served with summons or the petition. The hearing must be continued to allow time for service and response.

The hearing is continued to July 14, 2026. Owner must be personally served with summons and all petition papers no later than June 25, 2026, and Owner may file and serve a response no later than July 2, 2026. City shall have until July 7, 2026, to file a reply.

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