California Receivership Group

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Property is Intentionally Burned to Increase Public Safety

Firefighters from multiple units, including the inmate brigade from Pelican Bay State Prison, get the chance to sharpen their emergency response skills in a controlled practice burn of a northern California receivership property

This project was the abatement of nuisance conditions at a dilapidated roadside motel. The motel was open to the public despite the dangers on-site, including guest rooms that lacked running water, significant structural deterioration, unsafe electrical wiring, and evidence of asbestos. We reached the decision in collaboration with the Superior Court and city officials that the building was not salvageable and should be demolished.

Demolition is the last, not the first resort

Demolition is not without its problems and we believe it should always be the last resort, used for situations where there is no other viable option. In our cases, we always try to salvage buildings when we can.

The receivership property before and after two stages of demolition

Any action taken by a receiver has to be reviewed and approved by a judge. In this case, it was determined that demolition was the best option. Practice burns can be mutually beneficial for both the parties in the receivership case and the surrounding community. Here, six fire departments from across the county were invited to participate in a controlled burn of the structure. A controlled fire can serve the dual purposes of enhancing public safety and reducing demolition costs. For the receivership, it means that the cost to abate the nuisance conditions is lower for the owner, resulting in more money in the receivership estate to be distributed to the parties. This approach works when a structure does not have nuisance conditions that would be exacerbated by a controlled burn, the property is not physically and financially salvageable, and appropriate weather conditions for a controlled fire are present.

Before starting any abatement work on-site, a receiver needs to form a plan for any occupants of the property

At the time of CRG’s appointment as receiver, there were still people residing at the property. Rather than short-term motel guests, these were long-term occupants. Given the dangerous conditions and lack of habitability, it was not an option for them to stay at the property. Further investigation revealed that many occupants had not paid to live at the motel for a considerable amount of time, and they were effectively squatting at the property. Nevertheless, it was apparent that the majority were unable to afford alternative housing, nor did they have the means to move. Ensuring that occupants of receivership properties are relocated to safe, habitable, alternative housing is a core value of CRG. We were able to assist the occupants by providing funds for relocation; we also worked with them to secure new accommodation by communicating with new landlords and, in some cases, assisting them physically with the move. One of the occupants was in a wheelchair and required a special accommodation for their relocation.

The controlled burn began on a Tuesday in late July. Beginning in the afternoon, it lasted into the night. Six different fire departments, including the fire brigade from the maximum security Pelican Bay State Prison, worked together to safely burn down 95% of the motel. A local construction company was on site to clear the rubble and debris. It was quite a spectacle for the local community, and residents came out to watch.

This controlled practice burn was successful, it gave back to the community by enhancing public safety, and it reduced rehabilitation costs for the property owner. The property is now a clean, vacant lot and no longer threatens the health and safety of the surrounding community.

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