§ 34-44-4. Public nuisance determination — Show cause hearing — Appointment of receiver.
(a) In any proceeding described in § 34-44-3, after the court makes the finding described in that section and additionally finds
that the building in question constitutes a public nuisance and that the owner of
the building has been afforded reasonable opportunity to begin correcting the dangerous
or unsafe condition found or to begin eliminating the violation found and has refused
or failed to do so, the court shall cause notice of its findings to be served upon
the owner, each mortgagee or other lienholder of record, and any other interested
party, and shall order the parties to show cause why a receiver should not be appointed
to perform, or cause to be performed, any work and to furnish any material that reasonably
may be required to abate the public nuisance. The notice shall be served in the same
manner as described in § 34-44-3.
(b) Before appointing a receiver to perform, or cause to be performed, any work to abate
a public nuisance under this chapter, the court shall conduct a hearing at which any
mortgagee of record or lienholder of record, or other interested party in the order
of their priority of interest in title shall be offered the opportunity to undertake
the work and to furnish the materials as are necessary to abate the public nuisance.
(c) The court shall require the party selected to demonstrate the ability promptly to
undertake the work required, to provide the judge with a viable financial and construction
plan for the rehabilitation of the building, and to post security for the performance
of the work.
(d) All amounts expended by the party toward abating the public nuisance shall be a lien
on the property if the expenditures were approved in advance by the court and if the
party desires such a lien. The lien shall bear the interest, and shall be payable
upon the terms approved by the court. The lien shall have the same priority as the
mortgage of a receiver, as set forth in § 34-44-6, if a certified copy of the court order that approved the expenses, the interest,
and the terms of payment of the lien, and a description of the property in question
are filed for record, within thirty (30) days of the date of issuance of the order,
in the office of the recorder of deeds of the municipality in which the property is
located.
(e) If the court determines at the hearing that no party can undertake the work and furnish
the materials required to abate the public nuisance, or if the court determines at
any time after the hearing that any party who is undertaking corrective work pursuant
to this chapter cannot or will not proceed, or has not proceeded with due diligence,
the judge may appoint a receiver to take possession and control of the property. The
receiver shall be appointed in the manner provided in subsection (f).
(f) No person shall be appointed a receiver unless the person first has provided the court
with a viable financial and construction plan for the rehabilitation of the property
in question and has demonstrated the capacity and expertise to perform, or cause to
be performed, the required work in a satisfactory manner.
(g) Prior to the appointment of a receiver the court may grant access to the property
in question to any person who applies to be appointed the receiver of the property,
for the limited purpose of developing a viable financial and construction plan for
the rehabilitation of the property which shall include the items set forth in § 34-44-4.1.
(h) The appointed receiver shall be a lawyer appointed by the court who is certified by
the court to act as such.