OF BELLFLC)TvT.
®ATE:
Elizabeth , • i s Director •. P • •: Building Servicel
•, ! f •• •: • • •i•` �- •:IN
: • i •
A Resolution to record a nuisance abatement lien
abatement costs for the property located at 9021 Somerset iVlay 23, 2022
EXECUTIVE SUMMARY
IN
recover abatement costs by recording a nuisance abatement lien upon real property. public nuisance on the vacant lot property located at 9021 Somerset Boulevard wra abated by the City, As a result, the City incurred a total of $33,440.14 (which include egal fees). The property owner has been provided with notice and an opportunity to ither remit payment to the City or formally contest the costs incurred. It is anticipatei he property owner will address the City Council in open session regarding th abatement •: and torequestareduced paymentamount.
111 1111 11 1 111 11 11 1111 111111
A 19 V, 11 NJ FATM
i
The BMC authorizes the City to engage in nuisance abatement, •;- a issue
idministrative citations,-. private propertyowners refuse to voluntarily clean up heir properties. Abatement costs include the time spent and actions performed while ibating public nuisances and expenses incurred by the City in attempting to recoup hese costs.
c�
• - Nuisance Abatement Lien F 9021
Way 23, 2022
�age 2 of
uisance abatement lien upon real property to recover any unpaid • .• e costs incurred .
y the City.
•,.ice ..d pursuant to Government Code § 53069.4 and BIVIC § 1. 12.0600 hat has remained undeveloped for well over ten years. On June 21, 2019, the City )rovided the owner at the time, Salem Galal Namatalla, with notice adopted Chapter 8.40 of the BMC concerning minimum aesthetic and maintenance ;tandards for vacant lots. Four additional notices concerning compliance with q uisance and Intent to Abate with City Personnel by certified mail on or about qovember11, 20200
obtained •executedan abatement Warranti bring the property • compliance fencingi BIVIC Chapter 8.40. This included removing all overgrown vegetation accumulated rash and debris, an unpermitted chain link fence and barbed wire, installing Kentucky • gate,and applying wood chip ground cover. I breakdown of abatement -. a'.e• • e as follows:
Code Enforcement Inspector Time
X533.99
City Attorney Fees
17680.00
California Landscape and Design
317176.15
Total
$33,440.14
uly 0 2021, after her husband -- passing
_ : •. i - April
•, i 2021.
,- _ e ,•, ' Vii. •. conveyed
:e• I.
noticesier husband had been subject to a terminal illness since 2019, and she did not discover A the City's • :'2021.
11 oil PAV oil
�.: - . '• ,� _ � - . " ✓ �. • • _. � ;•. �: ' : �; ; � : ` � ^ � • ' • 1. : _ J' �; hould be noted that $1,640.85
rorn the total reimbursement amount. Discussions between City and Ms. Megahed xtending various accommodations for reimbursement proved unsuccessful in attaining i voluntary payment agreement. Ms. Megahed did not file a written request to contest he abatementcosts!.ursuant to BIVIC ♦ i • i0
-2-
Way 23, 2022
BACKGROUND & DISCUSSION — Continued
Resolution No. 22-19 seeks reimbursement of the City's abatement -related costs IN
of $33,440.14 by authorizing recording a nuisance abatement lien against the Property.
Unlike a special tax assessment for recovery of such costs, which is due immediately with property tax payments, a nuisance abatement lien remains an encumbrance on the Property to be paid when there is a title change recorded with the Property, such as it being sold or refinanced.
ATTACHMENT
ResolutionNo. 22-19...............................................................................................4
"KEGIOrMff. RJUNWARUM AbA
ECOVER ABATEMENT COSTSPROPERTY":_
'021 SOMERSET BOULEVARD(APN 6278m008m010)
SECTI®N °1. Recitals. The City Council finds and declares as follows:
A. On May 13, 2019, the City adopted Ordinance 1375, which added Chapter
8.40 to the. Bellflower Municipal Code, establishing that vacant lots within the City must be maintained to certain aesthetic standards and the failure to do so amounted to a public nuisance.
B. 9021 Somerset Boulevard is located in the City of Bellflower, State of California, and more particularly described as Assessor's Parcel Number 6278-008-010 ("Property"),
C. On September 13, 2019, the City declared the Property to be a public nuisance in violation of Chapter 8.40 of the Bellflower Municipal Code. The City later abated the nuisance pursuant to a Notice of Public Nuisance and Intent to Abate ("Notice of Public Nuisance"); the Notice of Public Nuisance was mailed to the property owner at the time, Mr. Salem Galal Namatalla; D. The City incurred costs abating the public nuisance. An itemized statement U1 costs for work performed by the City totaling $33,440.14 was provided to the property owner on December 10, 2021, ("Statement"). The property owner did not file a written request to contest the City's abatement costs.
E. The Statement provided that if the costs were not paid prior to January 4, 2022, said charges may be collected as a special assessment or nuisance abatement lien. The time period for appealing the Statement expired; and IF. Pursuant to Government Code § 38773.5 and Bellflower Municipal Code § 8.36.200, the City may make costs related to abatement of nuisances a lien against a parcel.
SECTI®N 2. Approval. The City Council approves, confirms and adopts the Statement attached as Exhibit ``A," and incorporated by reference, and determines that each such charge is proper and correct. Such charges constitute a lien on the real property upon which the public.nuisance was abated and will be collected as a lien against the real property.
—4—
"ty of Bellflower
Resolution No. 22�19
�ag._
LU HUN J. Authorization. The City Clerk is directed to:
A. Mail a copy of the notice of Abatement Lien attached as Exhibit "B," and incorporated by reference, to the property owner by certified mail; B. Submit a certified copy of this Resolution (with attachments) with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.5 and any other County authority necessary to carry out the nuisance abatement lien;
C. Take any other action necessary to effectuate this Resolution.
SECTI®N 4. The Los Angeles County Recorder is requested to record a public nuisance abatement lien against the Property pursuant to BMC § 8.36.200.
SECTI®N 5. This Resolution does not affect any penalty, forfeiture or liability incurred before, or preclude prosecution and imposition of penalties for any violation incurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTI®N 6. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, .to this end, the provisions of this Resolution are severable.
SECTI®N 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code X16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTI®N �. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION
9. This Resolution will' become effective immediately upon adoption and will remain effective unless repealed or superseded. —5�
1 of Beliflower
- " solution
-Page
. . ■ - ! - _ .
DF BELLFLOWER ON THIS 23RD DAY OF MAY 2022M
ATTEST:
Mayoa ®chiqui, City Clerk
Tim®thy E. Campen, Assistant City Att®rney
ATTACHMENTS:
Exhibit A — Sfatement of Abatement Costs
Exhibit —Notice of Public Nuisance Abatement Lien
-6-
BURBANK OFFICE
2600 W. OLIVE AVENUE
SUITE 500
BURBANP CA 91505
SAN DIEGO OFFICE
3850 LAJOLLA VILLAGE DRIVE
LA JOLLA, CA 92037
SER
Douaa Megahed
9241 Lubec St.
Downey CA 92040
Email: [email protected]
89 R [a
HENSLEY LAW GROUP
�. HENSLEI'LA\�GROUP.COM
December 10, 2021
C
TORRANCE OFFICE
3655 TORRANCE BOULEVARD
SUITE 300
TORRANCE, CA 90503
WRITER'S DIRECT CONTACT':
BURBANK OFFICE
TG1IvSPEN@ 4ENSLMAWGR0UP.00M
818.333.5120
Re: 9021 Somerset Blvd. —Demand and Notice of Collection of Abatement Costs by Special Assessment
Dear Ms. Megahed:
This office serves as the City Attorney for the City of Bellflower ("City"), and I as its Assistant City Attorney. I am writing here with a demand for payment of the full cost of its abatement efforts to bring your vacant lot located at 9021 Somerset Blvd. ("Propert)") into compliance with the vacant -lot requirements of Bellflower Municipal Code ("BMC") Chapter
8.40,1 and notie of the City's determination of collection by special assessment if said payment is not made as stated herein.
We spoke on December 3, 2021, and you explained how your husband and owner of thU property (Salem Ga1a1 Namatalla) passed away earlier this year after a prolonged cancer diagnosis.. I am song for your loss. It is also my understanding you discovered the notices the City sent to your husband after his passing. I do appreciate your representations that the circumstances of his diagnoses were the reason for the lack of responses to the City's attempts at voluntary compliance.
As you have become aware, City made numerous attempts to contact your husband, including on the following occasions:
• June 21, 2019 ,—Notice of New Registration and Maintenance Requirements of Vacant Properties pursuant to BMC § 8.40.030(F) (Ordinance 1375).
T The Bellflower Municipal Code can be accessed online at http://gcode.us/codes bellflower 818.333.5120 phone - 818.333.5121 f�X
—7—
Douaa Megane
December 10, 2021
Page.2
• September 13, 2019 =Notice of Violation %J BMC Chapter 8.40 (Ordinance 1375). • October 29, 2019 —Notice of Violation of BMC Chapter 8.40 (Ordinance 1375). • February 19, 2020 - Notice of Public Nuisance and Intent to Abate with City Personnel (BMC Chapter 8.40).
• November 11, 2020 — Final Notice of Public Nuisance and Intent to Abate with City Personnel (BMC Chapter 8.40).
After being unable to obtain voluntary compliance, on May 25, 2021, the City obtained an abatement warrant from the Honorable Deborah L. Sanchez, Judge of the Los Angeles Superior Court for the use of City personnel to abate your Property. Between the dates of 25 — June.23, 2021, the City engaged in abating your Property pursuant to the abatement warrant. As a result, I am required to provide the following advisals.
Please be advised that pursuant to BMC Chapter 8.36, the City is entitled to recover its abatement related costs from the owner of the property. The City has determined abatement costs up to the present total $33,440.14. An accounting of these costs are attached hereto as Exhibit A. This amount is subject to increase until final payment is made as further costs accumulate to collect these outstanding abatement costs.
Please be further advised that you have until January 4, 2022, to remit to the City the total sum of $33,440.14 in abatement related costs in order to avoid the City seeling and imposing a special assessment lien on your property. You should also be mindful that City Hall will be closed Dec. 104) 22-27, and 30-31, 2021.
Please be further advised that pursuant to BMC § 8.36.190(A), "[t]he City may cause a sFecial assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner." Please be further advised pursuant to BMC § 8.36.190(B), I am required to provide you with the following advisal: .
The property may be sold aft
er three years by the tax collector for unpaid
delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona, fide
Douaa Megahed
December 10, 2021
purchaser for value, or if alien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
Please be further advised of the following pursuant to BMC §§ 8.36.190:
C. The City Attorney or City Prosecutor shall establish the notice of special assessment form for use or consideration by the Tax Collector in collecting a special assessment.
D. The notice of special assessment sha11 be entitled to recordation with the Los Angeles County Recorder's office.
E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.
Please be further advised that on January 24, 2022 at 7:00 p.m., a resolution wi11 be brought before the Bellflower City Council at its regularly scheduled council meeting to authorize a special assessment for the collection of all abatement costs pursuant to BMC §
8.36.190. You are free to attend this meeting and be heard by the City Council. This would be your opportunity to explain to the City Counsel how would you would like this matter resolved and why. Please consult the City's website at Bellflower.org for information on procedures for attending City Council meetings.
Please be further advised that to the payment in fu11 due date of January 4, 2022, you are free to present a counter-offer for a reduction in payment. While I cannot and am not providing you with legal advice, any such counter-offer should be in writing and include the amount you are willing to pay, the time frame in which you can pay it, and all the reasons the City should consider for reducing the amount to pay. Feel free, to include any supporting document. Any counter-offer should be sent to me via email and/or mail at my contact information in the letterhead above. Please note I will present any counter-offer to the City Manager for final determination, and am not making any representations as to any final determinations.
Please be further advised that the City brought your Property into substantial, but not full, compliance with BMC 8.40. There are certain landscape requirements that must sti11 be met. We normally provide six months from the date of the City's abatement for owners to install approved landscaping. Given the unique circumstances here, we are,willing to provide additional time with your cooperation. Please contact Code Enforcement Inspector Richard -g-
Douaa Megahed
December 105 2021
Rodriguez at (562) 804-1424, ext. 2203, at your earliest convenience for more information on this.
Please feel free to contact me at the information on this letterhead with any questions you may have regarding this demand for payment and pending assessment.
Very truly yours,
nnothy I
Assistant City Attorney
enclosures: as stated
cc: Karl H. Berger, City Attorney
David Fawcett, Supervisory Code Enforcement Inspector
-10-
Douaa Megane
December 10, 2021
Exhibit A
Accounting of Abatement -Related Costs
Code Enforcement Inspector Costs
Case#
Violations)
Street Number
APN
Assigned To
Cost
C&
BMC 8.40 Inspec-
9021 Somerset
6278-
Rodriguez,
$583.99
25253
tion and Registra-
Blvd,
008-010
Richard
Lot
tion of Previously
0.3 $210.00
$63.00
02/19/20
Tim
Abandoned Prop-
Campen
Vacant
Lot
erty - Closed
1.2 $210.00
$252.00
11/11/20
City Attorney Costs
Date
Atty
Code
Hrs.
Rate
Total
02/12/20
Tim
Campen
Vacant
Lot
Enforcement
0.3 $210.00
$63.00
02/19/20
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
11/11/20
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
03/10/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
04/22/21
Tim
Campen
Vacant
Lot
Enforcement
1.4 $210.00
$294.00
04/26/21
Karl Berger
Vacant
Lot
Enforcement
0.2 $210.00
$42.00
05/25/21
Tim
Campen
Vacant
Lot
Enforcement
5.4 $210.00
$1,134.00
05/26/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
05/31/21
Tim
Campen
Vacant
Lot
Enforcement
0.4 $210.00
$84.00
06/02/21
Tim
Campen.
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
06/17/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
06/21/21
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
11/29/21
Tim
Campen
Vacant
Lot
Enforcement
0.7 $210.00_
$147.00
Total.
$1,680.00
-11-
273 N Benson Ave, Upland, CA 91786
nvoIct
Bill To
Number: 38004
City of Bellflower Date: 6/30/2021
16600 Civic Center Drive
Bellflower, CA 90706 Terms. Net 30
Please Remit Payment To:
California Landscape &
Design
Phone. (909) 949-1601 FaxFIRM 1
Purchase Order Number
Project
273 N Benson Ave
Upland, CA 91786
Nuisance Abatement Improv & Ins...
Qty
Description
Rate
Amount
Improvement for Vacant Nuisance Property
9021 Somerset Blvd
Service Date: 06101/2021.- 06/30/2021
1 PA 1
32,817,00
321817.00
Less Retention
-1,640.85
-1,640.85
NM
•r.
�- l''�`� „' `" www.calandscape.com
Thank you for your business,
�12—
:
Payments
$o.00
/Credits
$31,176.15
$31,176.15
Project Name:
Client:
Pay Application No.
Period:
Invoice No:
oil
SCHEDULE OF VALUES
Improvement for Vacant Nuisance Property 9021 Somerset Blvd Civ of Bellflower
Due Date:
TOTAL
LE55 RETENTION
SUBTOTAL
TOTAL AM011NT DUE THIS APPLICATION
$ 32,817.00
1 640.85
$ ,
$ 31,176.15
$ 31,176.15
Project Manager:
C_alifomia Landscape Design Inc. � 273 N. Benson Ave. Upiand, CA 91786 ' Phone (909)949-1601 •Fax (909)981-9368
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014 -.
BURBANK OFFICE
2600 W. OLIVE AVENUE
SUITE 500
BURBANK, CA 91505
CER
Douaa Megahed
9241 Lubec St.
Downey CA 92040
Email: [email protected]
HENSLEY LAW GROUP
��" ��7W.HENSI�I'I.AWGROUP.COM
April 28, 2022
ELECTRONIC MAS
SAN DIEGO OFFICE
3850 LA JOLLA VILLAGE DR
LA JOLLA, CA 92037
WRITER'S DIRECT CONTACT:
BURBANK OFFICE
[email protected]
818.333.5120
Re: 9021 Somerset Blvd. —Renewed Notice of Collection of Abatement Costs by Recorded Lien on Property
Dear Ms. Megahed:
I am writing here with afollow-up to my prior Notice of December 10, 2021, for payment of $33,440.14 to the City of Bellflower ("City") for its public nuisance abatement - related costs to bring your vacant lot located at 9021 Somerset Blvd. ("Property") into compliance with Bellflower Municipal Code ("BMC") Chapter 8.40.1 A copy of that December 10, 2021 correspondence is attached hereto as Exhibit A.
On December 16, 2021, you provided acounter-offer to pay $9,000 in total satisfaction oI the of $33,440.14 due. That same day I responded via email and specifically stated:
The City is considering your counter-offer of $9000. As part of that consideration accepting Less than 1/3 of the City's cost in abating the property by takingoyour financial circumstances into consideration, we would like to review the last two years' tax returns for you and your late husband. That would be for the calendar year 2019 and 2020.
Again, and to be absolutely clear, this is part of the evaluation of your counter-offer. Itis not in itself any acceptance of any offer at this time.
I The Bellflower Municipal Code can be accessed online at http://gcode.us/codes bellflower. 818.333.5120 phone - 818.333.5121 fax
Douaa Megahed
April 28, 2022
To avoid any confusion, I would like to reiterate that at no time did I, or anyone on behalf of the City, every agree to your counter-offer or. make any promises or representations that it would be accepted by the City Council. What I repeatedly explained in my December 10, 2021 Notice and in subsequent telephone calls and emails is that I would bring your case before the City Council for consideration.
On April 25, 2022, I presented your matter to the City Council in closed session, including what you've shared with me about your personal circumstances, your tax returns, your $9,000 counter-offer, other potential means of payment we discussed, and everything else relevant for consideration. Communications within this closed session meeting are confidential, but I can tell you that the City Council declined your counter-offer.
While the usual course of action is to record a special tax assessment against the property to be collected with bi-annual property tax payments, the City Council took your circumstances into account and instead authorized that a lien in the amount of $33,440.14 may be recorded against the property to satisfy the abatement -related costs. Unlike a special assessment, where the property can be forfeited after three years if not paid in full, the City will instead seek payment on the lien through proceeds related to the property being sold or refinanced. This means there will be no out-of-pocket cost to you or risk of properly forfeiture for repayment.
I am also aware that you appeared in person at City Hall -today and spoke with Supervisory Code Enforcement Inspector David Fawcett regarding this matter. It is my understanding that you referenced an updated counter-offer of $10,000. Based the direction I received from the City Council, this offer is also declined.
The City is cognizant this is not the result you were hoping for, but it is a concession most are not given. You will be provided an opportunity to. be heard by the City Council on this issue as indicated in the advisals below.
NOTICE OF RESOLUTION TO RECORD LIEN
Please be advised that pursuant to BMC Chapter 8.36, the City is entitled to recover its abatement -related costs from the owner of the property. The City has determined- abatement costs as of November 29, 2021 total X33,440.14. An accounting of these costs are attached hereto as Exhibit B. This amount is subject to increase until fi-nal payment is made as further costs have accumulated to collect these outstanding abatement costs since November 2021.
Please be further advised that BMC § 8.36.200(A) provides as follows:
Lien. Pursuant to Government Code Sections 38773, 38773.1, and38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered _� 6_
Douaa Megahed
April 28, 2022
pursuant to this Chapter, will be obligated to pay all City expenses of abating the nuisance and all administrative costs associated therewith. A nuisance abatement lien in favor of the City for such expenses of the City will be created and recorded, pursuant to this section, against the property on which the nuisance is maintained. The lien will specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
Please be further advised of the following pursuant to BMC §§ 8.36.200, subsequent to passage of a resolution authorizing the recording of a lien:
B. Notice of Proposed Recordings. Notice will be sent by certified mail at least 10 days before recording the lien, an itemized notice of the lien amount and proposed recording will be sent by certified mail to the property owner of record of the parcel of land on which the nuisance was abated by the City, based on the last equalized assessment roll or the supplemental roll, whichever is more current before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10, et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days, and publication thereof in a newspaper of general circulation published in the County in which the property is located.
C. Recording. The City's nuisance abatement lien will then be recorded in the Los Angeles County Recorder's office, and from the date of recording, will have the force, effect, and priority of a judgment lien.
D. Special Assessment. The City's total costs described in this Chapter may also be collected as a special assessment against the Iot or parcel on which the nuisance existed as described in this Chapter.
E. Satisfaction. In the event that the Iien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien will be recorded by the City.
F. Fees. Any fees incurred by the City for processing, recording of the lien and providing notice to the properly owner may be recovered by the City as part of its foreclosure action to enforce the lien.
-17-
Douaa Megahed
April 28, 2022
Please be further advised that on May 23, 2022 at 7:00 p.m., a resolution will be brought before the Bellflower City Council at its regularly scheduled council meeting to authorize a lien to be recorded for the collection of all abatement costs pursuant to BMC §
8.36.200. You are free to attend this meeting and be heard by the City Council. The City's website at Bellflower.org has additional information on City Council meetings.
Please be further advised that you may satisfy this obligation with payment in full at any time, including after a lien is recorded against the property. Please let me know if you have any intention of making payment in fall prior to the City Council meeting on May 23; 2022.
Please be further advised that the City brought your Property into substantial, but not fu11, compliance with BMC Chapter 8.40. There are certain maintenance and landscape requirements that still must be met. We normally provide six months from the date of the City's abatement for owners to install approved landscaping, and I have already provided nearly that much time since my prior notice of this on December 10, 2021. There is also the presence of weeds that have grown across the Property. Accordingly, you are advised to (1) remove all weeds from mulched areas of the Property, and (2) submit a landscape plan to the Citv's Director
to BMC . 8.40.030, not late
31, 2022. You may
contact Code Enforcement Inspector Richard Rodriguez at (562) 804-1424, ext. 2203, for more information on this.
Please feel free to contact me at the information on this letterhead with any questions you may have regarding this Notice.
enclosures: as stated
Very tt-uly yours,
E
Assistant City Attorney
cc: Jeff Stewaz-t, City Manager
Karl H. Berger, City Attorney
Elizabeth Corpuz, Director of Planning
David Fawcett, Supervisory Code Enforcement Inspector
Richard Rodriguez, Code Enforcement Inspector
Douaa Megahed
April 28, 2022
Exhibit A
BURBANK OFFICE
2600 W. OLIVE AVENUE
SUITE 500
BURBANK, CA 91505
SAN DIEGO OFFICE
3850 LA JOLLA VILLAGE DRIVE
. LA JOLLA, CA 92037
W9 R - [a
HENSLEY LAW GROUP
��r7CC'. HEI�TSLEYLAWGROUP.COM
December 10, 2021
VIA PERSONAL SERVICE AND ELECTRONIC MAII
Douaa Megahed
9241 Lubec St.
Downey CA 92040
Email: [email protected]
TORRANCE OFFICE
3655 TORRANCE BOULEVARD
SUITE 300
TORRANCE, CA 90503
WRITER'S DII2ECT' CONT�iCT:
BURBANK OFFICE
TGIMPEN @RENS1M7AWGROUP.CO\i
818.333.5120
Re: 9021 Somerset Blvd. —Demand and Notice of Collection of Abatement Costs by Special Assessment
Dear Ms. Megahed:
This office serves as the City Attorney for the City of Bellflower ("City"), and I as its Assistant City Attorney. I am writing here with a demand for payment of the full cost of its abatement efforts to bring your vacant lot located at 9021 Somerset Blvd. ("Property") into compliance with the vacant lot requirements of Bellflower Municipal Code ("BMC') Chapter
8.40,1 and notie of the City's determination of collection by special assessment if said payment is not made as stated herein.
We spoke on December 3, 2021, and you explained how your husband and owner of the property (Salem Galal Namatalla) passed away earlier this year after a prolonged cancer diagnosis. I am soiTy for your loss. It is also my understanding you discovered the notices the City sent to your husband after his passing. I do appreciate your representations that the circumstances of his diagnoses were the reason for the Lack of responses to the City's attempts at voluntary compliance.
As you have become aware, City made numerous attempts to contact your husband, including on the following occasions:
• June 21, 2019 —Notice of New Registration and Maintenance Requirements of Vacant Properties pursuant to BMC § 8.40.030(F) (Ordinance 1375).
I.The Bellflower Municipal Code can be accessed online at http://gcode.us/codes bellflower. 818.333.5120 phone - 818.333.5121 fax
-20-
Douaa Megahed
December 10, 2021
• September 13, 2019 —Notice of Violation of BMC Chapter 8.40 (Ordinance 1375). • October 29, 2019 —Notice of Violation of BMC Chapter 8.40 (Ordinance 1375). • February 19, 2020 - Notice of Public Nuisance and Intent to Abate with City Personnel (BMC Chapter 8.40).
• November 11, 2020 — Final Notice of Public Nuisance and Intent to Abate with City Personnel (BMC Chapter 8.40)
After being unable to obtain voluntary compliance, on May 25, 2021, the City obtained an abatement warrant from the Honorable Deborah L. Sanchez, Judge of the Los Angeles Superior Court for the use of City personnel to abate your Property. Between the dates of 25 — June 23, 2021, the City engaged in abating your Property pursuant to the abatement warrant. As a result, I am required to provide the following advisals:
Please be advised that pursuant to BMC Chapter 8.36, the Ciiy is entitled to recover its abatement related costs from the owner of the property. The City has determined abatement costs up to the present total $33,440.14. An accounting of these costs are attached hereto as Exhibit A. This amount is subject to increase until -final payment is made as further costs accumulate to. collect these outstanding abatement costs.
Please be further advised that you have until January 4, 2022, to remit to the City the total sum of $33,440.14 in abatement related costs in order to avoid the City seemng and imposing a special assessment lien on your property. You should also be mindful that City Hall will be closed Dec. 10, 22-27, and 30-31, 2021.6 Please be further advised that pursuant to BMC § 8.36.190(A), "[t]he City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner." Please be further advised pursuant to BMC § 8.36.190(B), I am required to pxovide you with the following advisal:
The property may be sold after three years by the tax collector for unpaid delinquent assessrrrents. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and, sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost. of abatement relates has been transferred or conveyed to a bona fide
Douaa Megahed
December 10, 2021
purchaser for value, or if alien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
Please be further advised of the following pursuant to BMC §§ 8.36.190:
C. The City Attorney or City Prosecutor shall establish the notice of special assessment form for use or consideration by the Tax Collector in collecting a special assessment.
D. The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder's office.
E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.
Please be further advised that on January 24, 2022 at 7:00 p.m., a resolution will be brought before the Bellflower City Council at its regularly scheduled council meeting to authorize a special assessment for the collection of all abatement costs pursuant to BMC §
8.36.190. You are free to attend this meeting and be heard by the City Council. This would be your opportunity to explain to the City Counsel how would you would like this matter resolved and why. Please consult the City's website at Bellflower.org for information on procedures for attending City Council meetings.
Please be further advised that prior
to the payment in full due date of January 4, 2022,
you are free to present acounter-offer for a reduction in payment. While I cannot and am not providing you with legal advice, any such counter-offer should be in writing and include the Lt ount you are willing to pay, the time fame in which you can pay it, and all the reasons the City should consider for reducing the amount to'pay. Feel free to include any supporting document. Any counter-offer should be sent to me via email and/or mail at my contact information in the letterhead above. Please note I will present any counter-offer to the City Manager for final determination, and am not making any representations as to any final determinations.
Please be further advised that the City brought your Property into substantial, but not full, compliance with BMC 8.40. There are certain landscape requirements that must still be net. We normally provide six months from the date of the City's abatement for owners to install approved landscaping. Given the unique circumstances here, we. are willing to provide additional time with your cooperation. Please contact Code Enforcement Inspector Richard _22_
Douaa Megahed
December 10, 2021
Rodriguez at (5 62) 804-1424, ext. 2203, at your earliest convenience for more information on this.
Please feel free to contact me at the information on this letterhead with any questions you may have regarding this demand for payment and pending assessment.
Very truly yours,
mothy
Assistant City Attorney
enclosures: as stated
cc: Karl H. Berger, City Atiorney
David Fawcett, Supervisory Code Enforcement Inspector
-23-
Douaa Megahed
April 28, 2022
-24-
M ff Ism a w..l.
Douaa Megahed
Apri1285 2022
Accounting of Abatement -Related Costs for 9021 Somerset Blvd.
Code Enforcement Inspector Costs
Case#
Violations)
Street Number
APN
Assigned To
Cost
CE-
BMC 8.40 Inspec.
9021 Somerset
6278-
Rodriguez,
$583.99
25253
tion and Registra.
Blvd.
008-010
Richard
Vacant
tion *of Previously
Lot
Enforcement
0.3 $2.10.00
Abandoned Prop-
02/19/20
Tim
Campen
erty --Closed
Vacant
Lot
Enforcement
City Attorney Costs
Date
Atty
Code
Hrs.
Rate
Total
02/12/20
Tim
Campen
Vacant
Lot
Enforcement
0.3 $2.10.00
$63.00
02/19/20
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
11/11/20
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
03/10/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
04/22/21
Tim
Campen
Vacant
Lot
Enforcement
1.4 $210.00
$294:00
04/26/21
Kari Berger
Vacant
Lot
Enforcement
0.2 $210.00
$42.00
05/25/21
Tim
Campen
Vacant
Lot
Enforcement
5.4 $210.00
$1,134.00
05/26/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
05/31/21
Tim
Campen
Vacant
Lot
Enforcement
0.4 $210.00
$84.00
06/02/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
06/17/21
Tim
Campen
Vacant
Lot
Enforcement
0.1 $210.00
$21.00
06/21/21
Tim
Campen
Vacant
Lot
Enforcement
1.2 $210.00
$252.00
11/29/21
Tim
Campen
Vacant
Lot
Enforcement
0.7 $210.00
0$147.00
Total:.
$1,680.00
-25-
273 N Benson Ave, Upland, CA 91786
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Please Remit Payment To:
Invoice
Number:
Date:
terms:
38004
6!3012021
Net 30
California Landscape &Design
phone: (909) 949-1601. Fax; Total
Website: www.calarldscape.com
Purchase Order Number
Project
273 N Benson Ave
Upland, CA 91786
Nuisance Abatement Improv & Itis...
Qty
Description
Rate
Amount
Improvement for Vacant Nuisance Property
9021 Somerset Blvd
Service Date: 06/0112021- 06/30/2021
1 PA 1
32,817.00
32,817.00
Less .Retention
-1,640.85
-13640.85
Awk
w" M� 102t
A:.._
-^,
0P,IG. iAT
r.: �WE:= , nEVuU/JNG / SPECIAL
APPROVED
BY: BUDGETOVL=R SIDE: YES / NO
FlIVANCE Di
P,
ENTERED
MA: DATE:
_,
APPROVED
BY:
Thank you for your business,
—26—
Payments/credits
Balance Due
$31,176.15
$31,176.15
Project Name:
Client:
2c(.1 C LIFORNL4
LANDSCAPE & DESIGN
SCHEDULE OF VALUES
9021
Pay Applicailon No: 1
Period: 61112021-613012021 Billing Due Dafe:
Invoice No: Terms:
ItemNo.
Item Description
QFy,
Unit
Price
Scheduled
Value
From Previous
Applications
This Period
Total Completed
To Date
°
/0
Balance To
Finish
Refainage
Work Completed
1 Remove and Haul Existing Asphalt
1 $11125.00
$ 1,125,00
100%
$ 1,125,00
$ 1,125.00
100%
$ $ 56.25
2 Clear and Grub
1 $8,950.00
$ 81950.00
100%
$ 83950.00
$ 83950,00
100%
$ - $ 447.50
Install Wood Chips 2" THK - Remove Barbed
1 $11,79200
$ 11,792,00
100%
$ 11,792,00
$ 111792.00
100%
$ - $ 589,60
3 Wire
4 New 42° High 2 -Rail White Vinyl Fence (242 LF)
and Gate 1x18' 0 ening 1 EA
1 $10,950.00
$ 10,950.00
100°l°
$ 10,950.00
$ 10,950.00
100%
$ $ 547.50
5 $ -
$ -
$ -
0%
$ $ -
6 $ -
$
$
0%
$ $ -
7 $ -
$ -
$ -
0%
$ - $
8 $ -
$ -
$ -
0%
$ - $
9 $ -
$ -
$ -
0%
$ - $ -
10 $ -
$ -
$ -
0%
$ - $
$ 32,81170001
1 1$ 32,817,00
2,817,00
1 $ 32,817-OOT'
$ - $ 1,640.85
TOTAL
LESS RETENTION
SUBTOTAL
TOTAL AMOUNT DUE THIS APPLICATION
32,817,00
0.85 1,64
31,176.15
Project Manager:
California Landscape Design Inc.. i� 273 N. Benson Ave. Upland, CA 91786 Phone (909)949-1601 •Fax (909)981-9368
-27-
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