11-B
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
Joel Hockman, Director of Public Safety
FROM: Timothy E. Campen
SUBJECT: Consideration and possible action to adopt Resolution No. 24-10 – A Resolution to record a Notice of Special Assessment for Nuisance Abatement against the owner of 15751 Blaine Avenue (APN 6271-031-015).
DATE: February 12, 2024
EXECUTIVE SUMMARY
During the past several years, it is apparent that the undeveloped lot located at 15751 Blaine Avenue (“Property”) is in a perpetual state of vacancy and blight. This condition constitutes a public nuisance under Bellflower Municipal Code (“BMC”) Chapter
8.40 and, as such, the City Council may wish to impose a nuisance abatement lien against the vacant lot to recoup the thousands of dollars dispensed to abate the nuisances on the Property.
The City Attorney recommends that the City Council adopt a Resolution authorizing the placement of an abatement lien on the Property in order to recoup the City’s costs bringing the Property into compliance with the Bellflower Municipal Code (“BMC”).
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider:
1) Adopting Resolution No. 24-10, approving nuisance abatement charges and to record a lien recoverable by special assessment for nuisance abatement charges on real property located at 15751 Blaine Avenue; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Adopting this Resolution is expected to result in recouping a substantial portion, if not all, of the City’s abatement costs related to the Property.
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Staff Report - Notice of Special Assessment for Nuisance Abatement February 12, 2024
BACKGROUND AND ANALYSIS
On May 13, 2019, the City Council adopted Ordinance No. 1375, which added Chapter
8.40 to the Bellflower Municipal Code, establishing vacant lots within the City must be maintained to certain aesthetic standards and the failure to do so amounted to a public nuisance.
15751 Blaine Avenue is located in the City of Bellflower, State of California, and more particularly described as Assessor’s Parcel Number 6271-031-015 (“Property”).
On or about May 13, 2019, the City Council adopted Ordinance No. 1375, which added Chapter 8.40 to the Bellflower Municipal Code, establishing vacant lots within the City must be maintained to certain aesthetic standards and the failure to do so amounted to a public nuisance.
On or about June 21, 2019, the City sent to Mr. Womack by U.S.P.S. mail to his address registered with the County Assessor’s Office a general notice of the vacant lot ordinance pursuant to Chapter 8.40 of the BMC, and the requirement that the Property be brought into compliance within 60 days. Additional such notices declaring the Property to be a public nuisance and requiring compliance were mailed to Mr. Womack on or about September 16, 2019; October 31, 2019; and February 19, 2020.
On or about March 11, 2021, the City sent to Mr. Womack by U.S.P.S. mail a Final Notice of Public Nuisance and Intent to Abate with City Personnel, and final compliance date of April 22, 2021. Mr. Womack failed to take any action to abate the Property or request to appeal the notice.
On or about July 28, 2021, the City obtained an abatement warrant from the Los Angeles County Superior Court, to abate the Property with City personnel at Mr. Womack’s cost.
That abatement was completed on or about August 26, 2021, which included clearing the property, applying a mulch covering, and installing Kentucky-style fencing and gate on the Property along Blaine Ave. On or about February 9, 2022, an accounting of the City’s costs of abatement of $26,325.84, and demand for payment of the same, was mailed to Mr. Womack, to which the City received no response.
Following the City’s abatement, the Property remained unmaintained and lapsed back into disrepair and blight with the return of trash, junk and debris, as well as overgrown vegetation and dilapidated chain-link fence along Property adjacent to a private alleyway.
Notices of Violation regarding the failure to comply with BMC Chapter 8.40 were issued to Mr. Womack on July 14, 2022; August 11, 2022; September 14, 2022; November 1, 2022; and June 29, 2023. Mr. Womack failed to respond to any of these notices or bring his Property into compliance.
On or about July 17, 2023, the City issued to Mr. Womack another Notice of Public Nuisance and Intention to Abate with City Personnel if he did not bring the Property into compliance by August 31, 2023. Mr. Womack failed to take any action to abate the Property or request to appeal the notice.
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Staff Report - Notice of Special Assessment for Nuisance Abatement February 12, 2024
BACKGROUND AND ANALYSIS – Continued
On or about August 16, 2023, the City obtained an abatement warrant from the Los Angeles County Superior Court to bring the Property into compliance with BMC Chapter 8.40. On or about September 9, 2023, the City completed abatement of Property, consisting of replacement of the chain link fence along the alley on the south side of the lot with a white Kentucky fence, clearing of all weeds, dead vegetation, litter, junk and debris, and put a fresh layer of ground covering over the lot, and installation of “no dumping” signs. The cost to the City for this abatement, inclusive of staff and attorney time, totaled $61,734.54.
The City has incurred costs abating the public nuisance. An itemized statement of costs for work performed by the City totaling $87,992.39 was provided to the property owner on January 23, 2024, (“Notice of Special Assessment”) demanding payment in full by 4:00 p.m., February 12, 2024. The Notice of Special Assessment further informed Mr. Womack of the opportunity to contest this demand to the City Council at this meeting on February 12, 2024, where recording a lien against the Property to be collected by special assessment would be considered. The City has not received any response from the property owner regarding the Notice of Special Assessment.
Pursuant to Government Code § 38773.5 and Bellflower Municipal Code § 8.36.190, the City may recoup its abatement related costs in the form of a lien against the Property to be collected by special assessment.
The City has the ability to recoup costs of abatement of public nuisances. “The remedies against a public nuisance are: … Abatement.” (Cal. Civ. Cide § 3491 (emphasis added).) BMC 8.36.200 provides, “persons failing to abate a public nuisance … will be obligated to pay all City expenses of abating the nuisance and all administrative costs associated therewith.” (BMC 8.36.200(A)). These funds may be obtained through the process of recordation of a notice of special assessment for nuisance abatement.
Government Code § 38773.1 established the procedure for imposing a nuisance abatement lien. As read, “A legislative body may by ordinance establish a procedure to collect abatement and related administrative costs by a nuisance abatement lien.” It is also provided for through California Civil Code §§ 3491 and 3494.5. “A public nuisance may be abated by any public body or officer authorized thereto by law.” Cal. Civ. Code § 3494. The authority to abate public nuisances is further provided in BMC 8.36.040, reading “All conditions or uses that constitute a public nuisance as defined in this chapter shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this chapter shall not be exclusive and shall not limit the restrict the City from pursuing any other remedies available at…” (BMC 8.38.040). “The City Manager, or designee, may initiate proceedings to record a lien.” (BMC 1.14.240).
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Staff Report - Notice of Special Assessment for Nuisance Abatement February 12, 2024
BACKGROUND AND ANALYSIS – Continued
This Resolution would authorize recording an abatement lien against 15751 Blaine Avenue in the City of Bellflower for all abatement-related costs to the City, including attorney fees. Records indicate the Property is delinquent with its property taxes since 2020 and will be eligible for foreclosure by the County in 2025. Recording this abatement lien will preserve the City’s rights to collect against the property.
Respectfully submitted and approved by:
____________________________________
Timothy E. Campen, Assistant City Attorney
ATTACHMENT
Resolution No. 24-10 with exhibits
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CITY OF BELLFLOWER
RESOLUTION NO. 24-10
A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AGAINST THE OWNER OF 15751 BLAINE AVENUE (APN 6271-031-015)
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. On May 13, 2019, the City Council adopted Ordinance No. 1375, which added Chapter 8.40 to the Bellflower Municipal Code, establishing vacant lots within the City must be maintained to certain aesthetic standards and the failure to do so amounted to a public nuisance;
B. 15751 Blaine Avenue is located in the City of Bellflower, State of California, and more particularly described as Assessor’s Parcel Number 6271-031-015 (“Property”);
C. On or about May 13, 2019, the City Council adopted Ordinance No. 1375, which added Chapter 8.40 to the Bellflower Municipal Code, establishing vacant lots within the City must be maintained to certain aesthetic standards and the failure to do so amounted to a public nuisance;
D. On or about June 21, 2019, the City sent to Mr. Womack by U.S.P.S. mail to his address registered with the County Assessor’s Office a general notice of the vacant lot ordinance pursuant to Chapter 8.40 of the BMC, and the requirement that the Property be brought into compliance within 60 days.
Additional such notices declaring the Property to be a public nuisance and requiring compliance were mailed to Mr. Womack on or about September 16, 2019; October 31, 2019; and February 19, 2020;
E. On or about March 11, 2021, the City sent to Mr. Womack by U.S.P.S. mail a Final Notice of Public Nuisance and Intent to Abate with City Personnel, and final compliance date of April 22, 2021. Mr. Womack failed to take any action to abate the Property or request to appeal the notice;
F. On or about July 28, 2021, the City obtained an abatement warrant from the Los Angeles County Superior Court, to abate the Property with City personnel at Mr. Womack’s cost. That abatement was completed on or about August 26, 2021, which included clearing the property, applying a mulch covering, and installing Kentucky-style fencing and gate on the Property along Blaine Ave.
On or about February 9, 2022, an accounting of the City’s costs of abatement, including staff and attorney time, of $26,325.84, and demand for payment of the same, was mailed to Mr. Womack, to which the City received no response;
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City of Bellflower
Resolution No. 24-10
G. Following the City’s abatement, the Property remained unmaintained and lapsed back into disrepair and blight with the return of trash, junk and debris, as well as overgrown vegetation and dilapidated chain-link fence along Property adjacent to a private alleyway;
H. Notices of Violation regarding the failure to comply with BMC Chapter 8.40 were issued to Mr. Womack on July 14, 2022; August 11, 2022; September 14, 2022; November 1, 2022; and June 29, 2023. Mr. Womack failed to respond to any of these notices or bring his Property into compliance;
I. On or about July 17, 2023, the City issued to Mr. Womack another Notice of Public Nuisance and Intention to Abate with City Personnel if he did not bring the Property into compliance by August 31, 2023. Mr. Womack failed to take any action to abate the Property or request to appeal the notice;
J. On or about August 16, 2023, the City obtained an abatement warrant from the Los Angeles County Superior Court to bring the Property into compliance with BMC Chapter 8.40. On or about September 9, 2023, the City completed abatement of Property, consisting of replacement of the chain link fence along the alley on the south side of the lot with a white Kentucky fence, clearing of all weeds, dead vegetation, litter, junk and debris, and put a fresh layer of ground covering over the lot, and installation of “no dumping” signs. The cost to the City for this abatement, inclusive of staff and attorney time, totaled $61,734.54.
K. The City has incurred costs abating the public nuisance. An itemized statement of costs for work performed by the City totaling $87,992.39 was provided to the property owner on January 23, 2024, (“Notice of Special Assessment”) demanding payment in full by 4:00 p.m., February 12, 2024. The Notice of Special Assessment further informed Mr. Womack of the opportunity to contest this demand to the City Council at this meeting on February 12, 2024, where recording a lien against the Property to be collected by special assessment would be considered;
L. The City has not received any response from the property owner regarding the Notice of Special Assessment; and
M. Pursuant to Government Code § 38773.1, et seq., and Bellflower Municipal Code § 8.36.190, the City may recoup its abatement related costs in the form of a lien against the Property to be collected by special assessment.
SECTION 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 special assessment against the real property.
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City of Bellflower
Resolution No. 24-10
SECTION 3. Authorization. The City Clerk is directed to:
A. Mail a copy of the Notice of Special Assessment attached as Exhibit “B,” and incorporated by reference, to the property owner by certified mail;
B. File a certified copy of this Resolution (with attachments) with the Los Angeles County Assessor and Treasurer and Tax Collector;
C. Submit a certified copy of this Resolution (with attachments) with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.5;
D. Direct the Los Angeles County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and
E. Take any other action necessary to effectuate this Resolution.
SECTION 4. The Los Angeles County Assessor and Treasurer and Tax Collector are requested to record a public nuisance abatement lien against the Property pursuant to BMC § 8.36.200.
SECTION 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.
SECTION 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.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. 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.
///
///
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City of Bellflower
Resolution No. 24-10
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 12TH DAY OF FEBRUARY 2024.
________________________________
Dan Koops, Mayor
ATTEST:
______________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________________
Timothy E. Campen, Assistant City Attorney
ATTACHMENTS:
Exhibit A – Statement of Abatement Costs
Exhibit B – Notice of Special Assessment
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4888-0279-9774 v1
Exhibit A
Statement of Abatement-Related Costs
2020-2021 Abatement
Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost
12/08/2020 0.75 Richard Rodriguez 67.19
12/01/2020 1 Richard Rodriguez 89.59
9/28//2020 0.25 Esmeralda Erdelyan 22.40
3/10/2020 0.50 Richard Rodriguez 44.80
1/29/2020 0.25 Richard Rodriguez 22.40
9/01/2021 0.5 Esmeralda Erdelyan 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
9/21/2021 0.5 Joseph Chacon 44.80
9/14/2021 .25 Maria Porras 23.22
Total $493.6
Bellflower City Attorney’s Office – 15751 Blaine Ave.
Date Attorney Name Hours Total Billed
03/12/20 Timothy Campen 0.1 $35.00
03/11/20 Timothy Campen 0.7 $245.00
07/26/21 Timothy Campen 0.8 $280.00
07/28/21 Timothy Campen 3.6 $1,260.00
08/25/21 Timothy Campen 1.2 $420.00
08/26/21 Timothy Campen 0.1 $35.00
11/29/21 Timothy Campen 0.7 $245.00
12/03/21 Timothy Campen 0.9 $315.00
12/07/21 Timothy Campen 0.3 $105.00
12/03/21 Timothy Campen 0.9 $315.00
12/15/21 Timothy Campen 0.3 $105.00
Total $3,360.00
California Landscape and Design
Date Description Rate Amount
08/16/2021 to
08/26/2021
Improvement and
Installation of Fencing
for Vacant Nuisance
23,583.42
-1,179.17
22,404.25
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4888-0279-9774 v1
Property – 15751 Blaine
Ave Less Retention
Total $22,404.25
Total 2020-2021 Abatement Costs: $26,257.85
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4888-0279-9774 v1
Accounting of Abatement-Related Costs
(continued)
2022-2023 Abatement
2022 Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost $
6/23/2022 0.25 Maria Porras 23.22
7/7/2022 0.5 Joseph Chacon 44.80
7/18/2022 0.5 Joseph Chacon 44.80
8/11/2022 0.25 Maria Porras 23.22
8/18/2022 0.25 Maria Porras 23.22
8/23/2022 1 Joseph Chacon 89.59
9/7/2022 0.25 Maria Porras 23.22
9/14/2022 1 Joseph Chacon 89.59
9/22/2022 0.25 Maria Porras 23.22
9/26/2022 0.5 Joseph Chacon 44.80
9/26/2022 0.25 Maria Porras 23.22
11/1/2022 1 Joseph Chacon 89.59
11/8/2022 0.25 Maria Porras 23.22
11/22/2022 1 Joseph Chacon 89.59
11/29/2022 1 Joseph Chacon 89.59
11/30/2022 1 Joseph Chacon 89.59
12/13/2022 0.25 Maria Porras 23.22
12/15/2022 0.25 Maria Porras 23.22
Total $880.92
2023 Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost $
2/23/2023 0.5 Joseph Chacon 44.80
2/27/2023 0.5 Joseph Chacon 44.80
2/28/2023 0.5 Joseph Chacon 44.80
3/2/2023 0.5 Joseph Chacon 44.80
3/6/2023 0.5 Joseph Chacon 44.80
3/12/2023 1 Joseph Chacon 89.59
3/20/2023 0.25 Maria Porras 23.22
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4888-0279-9774 v1
3/22/2023 0.5 Joseph Chacon 44.80
3/27/2023 1 Joseph Chacon 89.59
6/26/2023 1 Joseph Chacon 89.59
6/29/2023 0.25 Maria Porras 23.22
6/29/2023 0.25 Maria Porras 23.22
7/6/2023 1 Joseph Chacon 89.59
7/11/2023 1 Joseph Chacon 89.59
7/24/2023 2 Joseph Chacon 179.18
8/11/2023 0.25 Maria Porras 23.22
8/11/2023 0.25 Maria Porras 23.22
8/16/2023 0.5 Joseph Chacon 44.80
8/17/2023 1 David Fawcett 139.11
8/17/2023 1 Joseph Chacon 89.59
8/29/2023 0.5 Joseph Chacon 44.80
8/29/2023 0.5 Esmeralda Erdelyan 44.80
8/30/2023 0.5 Joseph Chacon 44.80
9/5/2023 0.5 Esmeralda Erdelyan 44.80
9/5/2023 0.5 Esmeralda Erdelyan 44.80
9/11/2023 0.5 David Fawcett 69.56
Total $1,579.09
2022-2023 City Attorney Costs
Date Attorney Hours Total
2/09/2022 Tim Campen 1.90 $418.00
2/11/2022 Tim Campen 0.3 $66.00
03/01/2022 Tim Campen 1.0 $295.00
9/06/2022 Tim Campen 0.1 $23.50
2/28/2023 Timothy Campen 0.9 $211.50
3/1/2023 Timothy Campen 0.3 $70.50
3/21/2023 Timothy Campen 0.3 $70.50
3/22/2023 Timothy Campen 0.3 $70.50
7/14/2023 Timothy Campen 0.2 $49.40
8/8/2023 Timothy Campen 0.3 $74.10
8/14/2023 Timothy Campen 0.2 $49.40
8/15/2023 Timothy Campen 2.2 $543.40
8/17/2023 Timothy Campen 0.2 $49.40
9/13/2023 Timothy Campen 0.5 $123.50
10/30/2023 Timothy Campen 0 $0
Total $2,114.70
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4888-0279-9774 v1
California Landscape and Design
Date Description Rate Amount
9/8/2023 Nuisance Abatement
Improvements and
Installation of Fencing
for Vacant Nuisance
Property – 15751 Blaine
Ave Less Retention
59,950.00
-2,997.50
56,952.50
Total $56,952.50
Miscellaneous
Date QTY Description Amount
9/13/2023 4 Please No Dumping Thank you
12x18 Sign
22.95 9/13/2023 4 Private Property No Unauthorized
Access Sign
17.95 Total (with tax) $207.33
Total 2022-2023 Abatement Costs: $61,734.54
Total Abatement Related Costs (2020-2023): $87,992.89
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Invoice
Number:
9/8/2023Date:
38764Bill To
City of Bellflower
16600 Civic Center Dr.
Bellflower, CA 90706
Purchase Order Number
Terms:Net 30
Project
Bellflower-Blaine Ave.
Thank you for your business. We greatly value your business.
Phone:
Website:
Fax:
www.calandscape.com
Total
Balance Due
Payments/Credits
Please Remit Payment To:
California Landscape & Design
273 N Benson Ave
Upland, CA 91786
(909) 949-1601
273 N Benson Ave, Upland, CA 91786
DescriptionQty Rate Amount
Nuisance Abatement Improvements and Installation of Fencing 15751 Blaine Avenue
Service Period 08/29/2023-09/08/2023
Pay Application 11 59,950.00 59,950.00
Less Retention1 -2,997.50 -2,997.50
$56,952.50
$56,952.50
$0.00
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SCHEDULE OF VALUES
Project Name:Nuisance Abatement Improvements and Installation of Fencing at 15751 Blaine Ave.
Client:
Pay Application No:
Period: Billing Due Date:
Invoice No:Terms:
Item No.Item Description Qty.Unit
Price
Scheduled
Value
From Previous
Applications
Total Completed
To Date % Balance To
Finish Retainage
5%
1 Clear and Grub 1 $26,800.00 26,800.00$ 100% 26,800.00$ 26,800.00$ 100% -$ 1,340.00$ 2 Wood Chips 3" Thick Minimum (12,160 SF) 1 $14,600.00 14,600.00$ 100% 14,600.00$ 14,600.00$ 100% -$ 730.00$ 3 Removal of Chainlink Fence (300 LF) 1 $4,000.00 4,000.00$ 100% 4,000.00$ 4,000.00$ 100% -$ 200.00$ 4 42" High 2-Rain White Vinyl Fence (300 LF) 1 $14,550.00 14,550.00$ 100% 14,550.00$ 14,550.00$ 100% -$ 727.50$ 5 -$ -$ -$ 0% -$ -$ 6 -$ -$ -$ 0% -$ -$ 7 -$ -$ -$ 0% -$ -$ 8 -$ -$ -$ 0% -$ -$ 9 -$ -$ -$ 0% -$ -$ 10 -$ -$ -$ 0% -$ -$ 59,950.00$ 59,950.00$ 59,950.00$ -$ 2,997.50$ TOTAL 59,950.00$ Project Manager:Mario Rodriguez LESS RETENTION 2,997.50$
SUBTOTAL 56,952.50$
TOTAL AMOUNT DUE THIS APPLICATION 56,952.50$
City of Bellflower
1 8/29/23-9/8/2023
Work Completed
This Period
California Landscape Design Inc. 273 N. Benson Ave. Upland, CA 91786 Phone (909)949-1601 • Fax (909)981-9368 -17-
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4853-3371-3823 v2
Direct No.: 619.814.5810
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 501 West Broadway - Suite 1600
San Diego, California 92101 -8474
voice 619.814.5800 - fax 619.814.6799
www.bwslaw.com
January 23, 2024
VIA U.S.P.S. AND CERTIFIED MAIL AND ELECTRONIC MAIL
Bryan Womack
4370 Casa Grande Cir.
Cypress, CA 90630
[email protected]
Re: 15751 Blaine Ave. - Notice of Collection of Abatement Costs by Special Assessment – APN 6271-031-015
Dear Mr. Womack:
This law firm serves as the City Attorney’s Office for the City of Bellflower (“City”), and I as its Assistant City Attorney. I am writing here with notice of the City’s determination of collection by special assessment of the full cost of its abatement efforts to bring your vacant lot at 15751 Blaine Ave. (“Property”) into compliance with the vacant lot requirements of Bellflower Municipal Code (“BMC”) Chapter 8.40.
Beginning in 2019, the City’s Code Enforcement Division (“Code Enforcement”) initiated an enforcement action concerning the Property towards bringing it in compliance with the City’s vacant lot ordinance. This ordinance requires that vacant lots in the City be maintained according to certain enumerated standards. The City made numerous attempts to contact you for voluntary compliance via mail at your address registered with the County for this Property, 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). • September 16, 2019 – Notice of Violation of BMC § 8.40 (Ordinance 1375). • October 31, 2019 – Notice of Violation of BMC § 8.40 (Ordinance 1375). • February 19, 2020 – City Attorney Notice of Violation and Office Conference BMC § 8.40 (Ordinance 1375).
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Bryan Womack
January 23, 2024
4853-3371-3823 v2
• March 11, 2021 – Final Notice of Violation and Intent to Abate with City Personnel.
After being unable to obtain voluntary compliance, on July 28, 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 August 16-26, 2021, the City engaged in abating your Property pursuant to the abatement warrant. The cost to abate the Property totaled $26,257.85.
An accounting of these costs are attached hereto as Exhibit A.
Some improvements still remained for complete compliance with Chapter 8.40, including landscape in the setback between Blaine Avenue and the fencing, and replacing the chain link fencing on the South side of the lot that runs along an alley with approved fencing. For two years thereafter, you failed to both maintain the Property or bring it into full compliance. We have attempted to contact you on numerous occasions regarding the Property’s necessary improvements:
• February 9, 2022 – Notice of Collection of Abatement Costs by Special Assessment
• July 7, 2022 – Notice to Correct the Violation
• August 23, 2022 – Administrative Citation
• September 14, 2022 – Administrative Citation
• November 1, 2022 – Administrative Citation
On July 7, 2022, Code Enforcement mailed a 5-day notice to correct the violation on the Property, including clearing the overgrown vegetation, trash and debris, and bringing it into full compliance with the vacant lot ordinance. Although that notice was mailed to the address registered to the Owner according to the County Records’s Office, it was returned a week later as “Not deliverable.” Administrative citations for the same violations were mailed to your registered address in Cypress, California on August 23, 2022, September 14, 2022, and November 1, 2022, all of which were returned.
Extensive efforts to find a reliable alternative address for you proved unsuccessful. Research through the City Attorney’s office and the City’s Code Enforcement Division indicated that the address in Cypress was accurate, but now had -20-
Bryan Womack
January 23, 2024
4853-3371-3823 v2
a specific unit number. On June 27, 2023, Code Enforcement sent a Notice of Violation with a seven-day cure period to the address, now with the specific unit number. That notice was returned as “Vacant” two days later.
On or about July 17, 2023, the City Attorney’s office mailed a “Notice of Public Nuisance and Intention to Abate with City Personnel” to your registered Cypress address, which fulfilled the due process requirements of notice and opportunity to oppose abatement by the City.
By August 16, 2023, the Property remained a blight with overgrown vegetation and accumulation of trash and debris, in violation of the City’s vacant lot ordinances, specifically BMC §§ 8.40.030, 8.40.040, and 8.40.060. City successfully obtained an abatement warrant to help the Property go into compliance. City replaced the chain link fence along the alley on the south side of the lot with a white Kentucky fence, and also cleared all weeds, dead vegetation, little, junk and debris. The City’s costs for this abatement was $61,734.54, an accounting for which is attached hereto as Exhibit B.
Please be advised that pursuant to BMC Chapter 8.361, the City is entitled to recover its abatement related costs from you.
The City has determined abatement costs up to the present total $87,992.39. This amount is subject to increase until final payment is made as further legal fees accumulate to collect these outstanding costs.
Please be further advised that you have until February 12, 2024, at 4:00 p.m. to remit to the City the total sum of $87,992.39 to avoid the City seeking and imposing a special assessment lien on the Property.
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 provide you with the following advisal:
1 The Bellflower Municipal Code may be accessed at
https://library.qcode.us/lib/bellflower_ca/pub/municipal_code . -21-
Bryan Womack
January 23, 2024
4853-3371-3823 v2
The property may be sold after 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 purchaser for value, or if a lien of a bona fide encumbranc e 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 February 12, 2024, 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 on this matter, contest the amount of the lien being pursued, or otherwise challenge this resolution.
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Bryan Womack
January 23, 2024
4853-3371-3823 v2
Please feel free to contact me with any questions you may have.
Regards,
BURKE, WILLIAMS & SORENSEN, LLP
Timothy E. Campen
Assistant City Attorney
TEC:SF
cc: Joseph Chacon, Code Enforcement Inspector
David Fawcett, Code Enforcement Supervisor
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
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EXHIBIT A
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4888-0279-9774 v1
Exhibit A
Accounting of Abatement-Related Costs
2020-2021 Abatement
Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost
12/08/2020 0.75 Richard Rodriguez 67.19
12/01/2020 1 Richard Rodriguez 89.59
9/28//2020 0.25 Esmeralda Erdelyan 22.40
3/10/2020 0.50 Richard Rodriguez 44.80
1/29/2020 0.25 Richard Rodriguez 22.40
9/01/2021 0.5 Esmeralda Erdelyan 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
12/03/2021 0.5 Richard Rodriguez 44.80
9/21/2021 0.5 Joseph Chacon 44.80
9/14/2021 .25 Maria Porras 23.22
Total $493.6
Bellflower City Attorney’s Office – 15751 Blaine Ave.
Date Attorney Name Hours Total Billed
03/12/20 Timothy Campen 0.1 $35.00
03/11/20 Timothy Campen 0.7 $245.00
07/26/21 Timothy Campen 0.8 $280.00
07/28/21 Timothy Campen 3.6 $1,260.00
08/25/21 Timothy Campen 1.2 $420.00
08/26/21 Timothy Campen 0.1 $35.00
11/29/21 Timothy Campen 0.7 $245.00
12/03/21 Timothy Campen 0.9 $315.00
12/07/21 Timothy Campen 0.3 $105.00
12/03/21 Timothy Campen 0.9 $315.00
12/15/21 Timothy Campen 0.3 $105.00
Total $3,360.00
California Landscape and Design
Date Description Rate Amount
08/16/2021 to
08/26/2021
Improvement and
Installation of Fencing
for Vacant Nuisance
23,583.42
-1,179.17
22,404.25
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4888-0279-9774 v1
Property – 15751 Blaine
Ave Less Retention
Total $22,404.25
Total 2020-2021 Abatement Costs: $26,257.85
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EXHIBIT B
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4888-0279-9774 v1
Exhibit B
Accounting of Abatement-Related Costs
2022-2023 Abatement
2022 Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost $
6/23/2022 0.25 Maria Porras 23.22
7/7/2022 0.5 Joseph Chacon 44.80
7/18/2022 0.5 Joseph Chacon 44.80
8/11/2022 0.25 Maria Porras 23.22
8/18/2022 0.25 Maria Porras 23.22
8/23/2022 1 Joseph Chacon 89.59
9/7/2022 0.25 Maria Porras 23.22
9/14/2022 1 Joseph Chacon 89.59
9/22/2022 0.25 Maria Porras 23.22
9/26/2022 0.5 Joseph Chacon 44.80
9/26/2022 0.25 Maria Porras 23.22
11/1/2022 1 Joseph Chacon 89.59
11/8/2022 0.25 Maria Porras 23.22
11/22/2022 1 Joseph Chacon 89.59
11/29/2022 1 Joseph Chacon 89.59
11/30/2022 1 Joseph Chacon 89.59
12/13/2022 0.25 Maria Porras 23.22
12/15/2022 0.25 Maria Porras 23.22
Total $880.92
2023 Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost $
2/23/2023 0.5 Joseph Chacon 44.80
2/27/2023 0.5 Joseph Chacon 44.80
2/28/2023 0.5 Joseph Chacon 44.80
3/2/2023 0.5 Joseph Chacon 44.80
3/6/2023 0.5 Joseph Chacon 44.80
3/12/2023 1 Joseph Chacon 89.59
3/20/2023 0.25 Maria Porras 23.22
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4888-0279-9774 v1
3/22/2023 0.5 Joseph Chacon 44.80
3/27/2023 1 Joseph Chacon 89.59
6/26/2023 1 Joseph Chacon 89.59
6/29/2023 0.25 Maria Porras 23.22
6/29/2023 0.25 Maria Porras 23.22
7/6/2023 1 Joseph Chacon 89.59
7/11/2023 1 Joseph Chacon 89.59
7/24/2023 2 Joseph Chacon 179.18
8/11/2023 0.25 Maria Porras 23.22
8/11/2023 0.25 Maria Porras 23.22
8/16/2023 0.5 Joseph Chacon 44.80
8/17/2023 1 David Fawcett 139.11
8/17/2023 1 Joseph Chacon 89.59
8/29/2023 0.5 Joseph Chacon 44.80
8/29/2023 0.5 Esmeralda Erdelyan 44.80
8/30/2023 0.5 Joseph Chacon 44.80
9/5/2023 0.5 Esmeralda Erdelyan 44.80
9/5/2023 0.5 Esmeralda Erdelyan 44.80
9/11/2023 0.5 David Fawcett 69.56
Total $1,579.09
2022-2023 City Attorney Costs
Date Attorney Hours Total
2/09/2022 Tim Campen 1.90 $418.00
2/11/2022 Tim Campen 0.3 $66.00
03/01/2022 Tim Campen 1.0 $295.00
9/06/2022 Tim Campen 0.1 $23.50
2/28/2023 Timothy Campen 0.9 $211.50
3/1/2023 Timothy Campen 0.3 $70.50
3/21/2023 Timothy Campen 0.3 $70.50
3/22/2023 Timothy Campen 0.3 $70.50
7/14/2023 Timothy Campen 0.2 $49.40
8/8/2023 Timothy Campen 0.3 $74.10
8/14/2023 Timothy Campen 0.2 $49.40
8/15/2023 Timothy Campen 2.2 $543.40
8/17/2023 Timothy Campen 0.2 $49.40
9/13/2023 Timothy Campen 0.5 $123.50
10/30/2023 Timothy Campen 0 $0
Total $2,114.70
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4888-0279-9774 v1
California Landscape and Design
Date Description Rate Amount
9/8/2023 Nuisance Abatement
Improvements and
Installation of Fencing
for Vacant Nuisance
Property – 15751 Blaine
Ave Less Retention
59,950.00
-2,997.50
56,952.50
Total $56,952.50
Miscellaneous
Date QTY Description Amount
9/13/2023 4 Please No Dumping Thank you
12x18 Sign
22.95 9/13/2023 4 Private Property No Unauthorized
Access Sign
17.95 Total (with tax) $207.33
Total 2022-2023 Abatement Costs: $61,734.54
Total Abatement Related Costs (2020-2023): $87,992.89
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Invoice
Number:
9/8/2023Date:
38764Bill To
City of Bellflower
16600 Civic Center Dr.
Bellflower, CA 90706
Purchase Order Number
Terms:Net 30
Project
Bellflower-Blaine Ave.
Thank you for your business. We greatly value your business.
Phone:
Website:
Fax:
www.calandscape.com
Total
Balance Due
Payments/Credits
Please Remit Payment To:
California Landscape & Design
273 N Benson Ave
Upland, CA 91786
(909) 949-1601
273 N Benson Ave, Upland, CA 91786
DescriptionQty Rate Amount
Nuisance Abatement Improvements and Installation of Fencing 15751 Blaine Avenue
Service Period 08/29/2023-09/08/2023
Pay Application 11 59,950.00 59,950.00
Less Retention1 -2,997.50 -2,997.50
$56,952.50
$56,952.50
$0.00
-33-
SCHEDULE OF VALUES
Project Name:Nuisance Abatement Improvements and Installation of Fencing at 15751 Blaine Ave.
Client:
Pay Application No:
Period: Billing Due Date:
Invoice No:Terms:
Item No.Item Description Qty.Unit
Price
Scheduled
Value
From Previous
Applications
Total Completed
To Date % Balance To
Finish Retainage
5%
1 Clear and Grub 1 $26,800.00 26,800.00$ 100% 26,800.00$ 26,800.00$ 100% -$ 1,340.00$ 2 Wood Chips 3" Thick Minimum (12,160 SF) 1 $14,600.00 14,600.00$ 100% 14,600.00$ 14,600.00$ 100% -$ 730.00$ 3 Removal of Chainlink Fence (300 LF) 1 $4,000.00 4,000.00$ 100% 4,000.00$ 4,000.00$ 100% -$ 200.00$ 4 42" High 2-Rain White Vinyl Fence (300 LF) 1 $14,550.00 14,550.00$ 100% 14,550.00$ 14,550.00$ 100% -$ 727.50$ 5 -$ -$ -$ 0% -$ -$ 6 -$ -$ -$ 0% -$ -$ 7 -$ -$ -$ 0% -$ -$ 8 -$ -$ -$ 0% -$ -$ 9 -$ -$ -$ 0% -$ -$ 10 -$ -$ -$ 0% -$ -$ 59,950.00$ 59,950.00$ 59,950.00$ -$ 2,997.50$ TOTAL 59,950.00$ Project Manager:Mario Rodriguez LESS RETENTION 2,997.50$
SUBTOTAL 56,952.50$
TOTAL AMOUNT DUE THIS APPLICATION 56,952.50$
City of Bellflower
1 8/29/23-9/8/2023
Work Completed
This Period
California Landscape Design Inc. 273 N. Benson Ave. Upland, CA 91786 Phone (909)949-1601 • Fax (909)981-9368 -34-
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