3. On the return of said order to show cause, determination shall have
precedence over every other business of the court unless the court shall
find that some other pending proceeding, having a similar statutory
precedence, shall have priority. If the court shall find that the facts
stated in such application warrant the granting thereof, then the
commissioner or chief executive of the bureau or department of real
estate of the municipality shall be appointed receiver of the rents,
issues and profits of the property. However after determination of the
issue if the owner or any mortgagee or lienor or other person having an
interest in the property shall apply to the court to be permitted to
remove or remedy the conditions constituting the nuisance and shall (1)
demonstrate the ability promptly to undertake the work required; and (2)
post security for the performance thereof within the time, and in the
amount and manner, deemed necessary by the court, then the court may in
lieu of appointing such receiver issue an order permitting such person
to perform the work within a time fixed by the court. If at the time
fixed in the order the conditions constituting the nuisance have not
been satisfactorily remedied or removed, then the court shall appoint
such receiver. If after the granting of an order permitting a person to
perform the work but before the time fixed by the court for the
completion thereof it shall appear to the department that the person
permitted to do the same is not proceeding with due diligence, then the
department may apply to the court on notice to those persons who have
appeared in the proceeding for a hearing to determine whether such
receiver shall be appointed immediately. On the failure of any such
owner, mortgagee, lienor or other person having an