San Diego

City Attorney Wins Court Order for Receivership of Neglected Clairemont Property Next to School

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Published on January 13, 2024
City Attorney Wins Court Order for Receivership of Neglected Clairemont Property Next to SchoolSource: Google Street View

In an aggressive move to address blight in the Clairemont community, City Attorney Mara W. Elliott scored a legal win by securing a court-ordered receivership to tackle a hoarder property deemed a community safety hazard. Owned by Kevin Casey, the decrepit house at 3699 Mount Alvarez Avenue has been a longstanding issue, piling up a legacy of neglect since Casey inherited it over three decades ago. A source of worry for neighbors and a perceived threat to the nearby Riley School, the City Attorney's crusade serves as a clear notice to property owners that neglect will not stand.

Elliott's determined legal effort saw the City successfully arguing the case in court, leading to potential cleanup or demolition actions depending on the state of the property. "Homeowners are responsible for maintaining their properties,” Elliott stated, in a release covered by the San Diego City Attorney's Office. Adding gravitas to his words, she noted, "In this case, the home owned by Mr. Casey has become an intolerable threat to the health and safety of his neighbors and the children who attend a nearby school, which is why we have taken the dramatic step of intervening today." The City's pursuit of justice also includes a reimbursement for taxpayers for the countless times emergency services responded to the property's safety threats.

Recognition was given to the tireless efforts of the Nuisance Abatement Unit, led by Assistant City Attorney Paige Folkman and Senior Chief Deputy City Attorney Gabriela “Gaby” Brannan, in the pursuit of the court-ordered receivership. Deputy City Attorney Isabel V. Ignacio was credited with the successful court presentation, as highlighted in the City’s announcement. This specialist unit within the City Attorney’s Office has a history of tenaciously enforcing public nuisance and land use laws to safeguard and improve the city's standard of living. In recent accomplishments, they’ve shuttered a dangerous building near a local Fire Station in Little Italy and are currently engaged in litigation concerning a student housing complex near the University of San Diego.

Neighbors who have long suffered the sight and safety concerns presented by the dilapidated structure have reason for cautious optimism as the Court's decision heralds the beginning of the end for this particular eyesore. This decision follows a series of actions taken by the City to uphold the rule of law and order in the urban environment, combating properties that have turned into urban nightmares. The attached order from the City Attorney’s Office demonstrates a commitment to restoring the quality of life that every San Diegan deserves.