section 17980

Citation: section 17980
Parent Document: City of Santa Monica v. Gonzalez, 182 P.3d 1027 (2008)
Jurisdiction: California (state)
Effective Date: 2008-05-19
Original Source: https://www.courtlistener.com/opinion/2567465/city-of-santa-monica-v-gonzalez/ ↗

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Gonzalez, of course, had been on notice for years that his property was uninhabitable and in violation of building, fire, housing, plumbing, and electrical codes. His steadfast refusal to obey orders to correct these violations resulted in criminal convictions and contempt citations, and landed him in jail for a number of months. Indeed, at all relevant times beginning with the date the City personally served its May 21, 2002 Notice and Order to Comply, Gonzalez was on probation for the same code violations. After Gonzalez did not comply with the May 21, 2002 Notice, the City timely served him with its petition for appointment of a receiver and with notice and motion for appointment of a receiver to be heard on January 6, 2005. The motion papers served on Gonzalez on December 9, 2004, made clear that the City contemplated “complete demolition of the structures” on the property in view of “the extreme and chronic unsafe conditions,” with Gonzalez receiving the net proceeds available after demolition and sale. The trial court appointed a receiver on January 6, 2005, and thereafter the receiver provided Gonzalez timely notice of a hearing on his application for an order to contract for demolition of the property. Unlike the situation in D & M Financial,

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