Gonzalez

City of Santa Monica v. Gonzalez

Good Law
43 Cal. 4th 905·76 Cal. Rptr. 3d 483·182 P.3d 1027
Supreme Court of CaliforniaMay 19, 2008S145571California10,461 words

Opinion

Opinion

Baxter, J.

Sections 17980.6 and 17980.7 of the Health and Safety Code compose a statutory scheme providing certain remedies to address substandard residential housing that is unsafe to occupy. Pursuant to section 17980.6, an enforcement agency may issue a notice to an owner to repair or abate property conditions that violate state or local building standards and substantially endanger the health and safety of residents or the public. Section 17980.7 provides that, if the owner fails to comply with the notice despite having been afforded a reasonable opportunity to do so, the enforcement agency may seek judicial appointment of a receiver to assume control over the property and remediate the violations or take other appropriate action. We granted review in this matter to address issues regarding the construction and application of these statutory provisions.

Examination of the legislative intent underlying these statutes leads us to conclude that an enforcement agency’s failure to fully comply with the requirements specified in section 17980.6 does not necessarily invalidate a receiver’s appointment under section 17980.7, and that the particular instances of noncompliance here did…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.