13-A — Bellflower City Council, August 12, 2024

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Timothy E. Campen, Assistant City Attorney
Solange Fortenbach, Deputy City Attorney

SUBJECT: Consideration and possible action to adopt Resolution No. 24-44 – A Resolution to record a Notice of Special Assessment for Nuisance Abatement against the owner of 17046 Bellflower Boulevard (APN 7109-025-002).

DATE: August 12, 2024

EXECUTIVE SUMMARY

During the past several years, the parcel located at 17046 Bellflower Blvd., APN 7109- 025-002 (“Property”) has consistently been in a 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 Property to recoup the City’s costs of abating it.

The City Attorney recommends that the City Council adopt a Resolution authorizing the recording of an abatement lien on the Property in order to recoup the City’s costs of bringing the Property into compliance with the Bellflower Municipal Code (“BMC”).

RECOMMENDATION TO CITY COUNCIL:

1) Adopt Resolution No. 24-44, to record a notice of special assessment for nuisance abatement on the owner of 17046 Bellflower Boulevard; 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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0F BELLFLOW «‘1 63? *“ stafteport

Staff Report - Notice of Special Assessment for Nuisance Abatement – 17046 Bellflower Blvd.

August 12, 2024

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BACKGROUND AND ANALYSIS

On May 13, 2019, the City Council adopted Ordinance No. 1375. This ordinance created Chapter 8.40 of the BMC (“Chapter 8.40”) to specifically abate such blight with certain design and maintenance requirements for all vacant properties not in an active stage of development. Among the requirements of Chapter 8.40 is that improved vacant lots with existing on-site buildings or structures must have buildings be maintained in good condition, must maintain good conditions for all existing on-site landscaping, must be free of weeds and overgrown vegetation, have uniform ground cover, and that all portions of the perimeter along the streets include fencing and landscaping, all approved by the City Planner.

The Property is a commercial property in the Towne Center Zone, located at 17046 Bellflower Boulevard in the City of Bellflower (“City”), Accessor Parcel Number 7109-025-002, (the “Property”). The 2,940 square foot structure on the lot was formerly operated as a bank with a drive thru. The Property has a long history of being sporadically maintained with the accumulation of overgrown vegetation, litter, graffiti, and broken windows that have been boarded up.

The Property owner is Euclid Hazard Capital, LLC., with an office address in Los Angeles.

The Managing Member and contact with the City is Joshua Golcheh.

In 2023, the City Code Enforcement Inspectors initiated enforcement action with the Property, due to violations of the following: BMC § 8.36.030(A)(11) – Overgrown vegetation; BMC § 8.36.030(A)(14) – Outside Storage; BMC § 8.36.030(A)(10) – Boarded Windows and Doors; BMC § 8.36.030(A)(24) – Graffiti; BMC § 8.36.030(A)(6) – Deteriorated Buildings/Structures (Exterior); BMC § 8.44.070 – Landscaping Requirements; and BMC § 8.40.030(D) – Maintenance Requirement of Vacant Property.

On March 13 and May 9, 2023, Code Enforcement sent the owner notices of violations for failure to maintain the property with compliance deadlines. The lack of any progress led to the issuance of administrative citations totaling over $8,000 in fines and penalties, which remain unpaid.

After not receiving any response, on December 19, 2023, the City sent via USPS, certified mail, and electronic mail a Notice of Public Nuisance and Corrective Actions to the owner.

On December 26, 2023, Mr. Golcheh corresponded with Assistant City Attorney, Timothy Campen, suggesting he would take steps towards compliance.

By March 2024, there had been no discernable progress made towards bringing the Property into compliance with the BMC. As such, on March 22, 2024, the City mailed a Notice of Public Nuisance and Intent to Abate with City Personnel. Still receiving no response, on April 9, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to correct the BMC violations on the Property. On April 9, 2024, the City sent the owner notice of one last opportunity to voluntarily abate the Property before the City would do so at the owner’s expense.

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Staff Report - Notice of Special Assessment for Nuisance Abatement – 17046 Bellflower Blvd.

August 12, 2024

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BACKGROUND AND ANALYSIS – Continued

After receiving no response, on April 15, 2024, the City executed the abatement warrant.

Public Works Department personnel cut, trimmed, and removed all overgrown vegetation, sprayed weed killer in the raised flowerbeds, covered exposed dirt with wood chips, painted over and removed all visible graffiti, removed trash and debris from the premises, and painted over boarded up windows to mitigate the appearance of the Property being vacant.

A first demand letter to recover the City’s abatement-related costs of $11,954.05 (Attached as Exhibit A) was sent to Mr. Golcheh on June 14, 2024, detailing the costs associated with abating the Property with a payment deadline of July 8, 2024, when this Resolution was originally going to be heard. Mr. Golcheh responded by email with his disagreement over the costs and referral of the matter to his attorney. This Resolution was then continued to August 12, 2024, to allow an opportunity to engage with owner’s counsel regarding payment.

After receiving no follow-up from the owner’s attorney, on August 1, 2024, a second demand letter was issued to the property owner informing him that this Resolution would be heard by the City Council August 12, 2024, where he could challenge the City’s abatement costs and recording of a lien if he chose not to pay the amount in full by then.

On August 5, 2024, the City Attorney’s Office received an email response from the property owner’s attorney requesting this Resolution be postponed for 60 days to allow time for payment.

It is our recommendation that the City Council move forward with adopting this Resolution now authorizing the recording the lien against the Property. The City Attorney can then evaluate whether there is good cause to stay recording the lien for up to 60 days for the owner to remit payment in full.

ATTACHMENTS

Exhibit A – Demand Letter .............................................................................................. 4 Resolution No. 24-44....................................................................................................... 7

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STAFF REPORT

EXHIBIT A
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Exhibit A
Accounting of Abatement-Related Costs

2023-2024 Abatement

Code Enforcement Inspector Costs
Date Hours Code Inspector
Name
Cost
5/9/2023 1.5 Brian McNerney $204.91
10/11/2023 2 Brian McNerney $273.22
3/12/2024 1 Brian McNerney $136.61
4/9/2024 2 Brian McNerney $273.22
4/15/2024 3 Brian McNerney $409.83
Total $1,297.79

Bellflower City Attorney’s Office – 17046 Bellflower Blvd.

Date Attorney Name Hours Total Billed
11/16/2023 Timothy Campen 0.6 $148.20
11/20/2023 Timothy Campen 0.4 $98.80
11/27/2023 Timothy Campen 0.7 $172.90
12/4/2023 Timothy Campen 1.6 $395.20
12/18/2023 Timothy Campen 2.2 $543.40
12/19/2023 Timothy Campen 0.4 $98.80
12/22/2023 Timothy Campen 0.3 $74.10
12/30/2023 Timothy Campen 0.2 $49.40
2/15/2024 Timothy Campen 1.1 $271.70
2/22/2024 Timothy Campen 0.4 $98.80
2/26/2024 Timothy Campen 0.3 $74.10
3/12/2024 Solange Fortenbach 0.1 $24.70
3/15/2024 Timothy Campen 0.4 $98.80
3/20/2024 Timothy Campen 0.6 $148.20
3/20/2024 Solange Fortenbach 0.1 $24.7
3/21/2024 Solange Fortenbach 2.4 $592.80
3/21/2024 Timothy Campen 0.4 $98.80
3/22/2024 Solange Fortenbach 4.4 $1086.80
3/25/2024 Solange Fortenbach 0.4 $98.80
4/4/2024 Solange Fortenbach 2.3 $568.10
4/4/2024 Timothy Campen 0.9 $222.30
4/5/2024 Timothy Campen 1.5 $370.50
4/5/2024 Solange Fortenbach 5.8 $1,432.60
4/5/2024 Timothy Campen 0.4 $98.80
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4/7/2024 Timothy Campen 0.1 $24.70
4/8/2024 Solange Fortenbach 3.2 $790.40
4/8/2024 Timothy Campen 0.8 $197.60
4/9/2024 Timothy Campen 1.3 $321.10
4/10/2024 Solange Fortenbach 0.3 $74.10
4/10/2024 Timothy Campen 0.6 $148.20
4/11/2024 Solange Fortenbach 0.2 $49.40
4/19/2024 Timothy Campen 0.3 $74.10
4/19/2024 Solange Fortenbach 0.3 $74.10
Total $ 7,706.40

Department of Public Works – Invoice
Date Description Amount
4/15/2024 –
4/19/2024
Cleanup of Private Property $2,949.86
Total $2,949.86

Total 2023-2024 Abatement Costs: $11,954.05
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CITY OF BELLFLOWER

RESOLUTION NO. 24-44

A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT

FOR NUISANCE ABATEMENT AGAINST THE OWNER OF
17046 BELLFLOWER BOULEVARD (APN 7109-025-002)

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The City Council finds and declares as follows:

A. On May 13, 2019, the City 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. 17046 Bellflower Boulevard is located in the City of Bellflower, State of California, and more particularly described as Assessor’s Parcel Number 7109-025-002 (“Property”);

C. On May 13, 2019, the City Council adopted Ordinance No. 1375. This ordinance created Chapter 8.40 of the BMC (“Chapter 8.40”) to specifically abate such blight with certain design and maintenance requirements for all vacant properties not in an active stage of development;

D. In 2023, the City Code Enforcement Inspectors initiated enforcement action with the Property. On March 13 and May 9, 2023, Code Enforcement sent the owner notices of violations for failure to maintain the property with compliance deadlines. The lack of any progress led to the issuance of administrative citations totaling over $8,000 in fines and penalties, which remain unpaid. After not receiving any response, on December 19, 2023, the City sent a Notice of Public Nuisance and Corrective Actions to the owner;

E. By March 2024, there had been no discernable progress made towards bringing the Property into compliance with the BMC. On March 22, 2024, the City mailed a Notice of Public Nuisance and Intent to Abate with City Personnel. Still receiving no response, on April 9, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to correct the BMC violations on the Property. On April 9, 2024, the City sent the owner notice of one last opportunity to voluntarily abate the Property before the City would do so at the owner’s expense;

F. The City has incurred costs abating the public nuisance.

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City of Bellflower
Resolution No. 24-44

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G. This Resolution was then continued to August 12, 2024, to allow an opportunity to engage with owner’s counsel regarding payment. After receiving no follow-up from the owner’s attorney, on August 1, 2024, a second demand letter was issued to the property owner informing him that this Resolution would be heard by the City Council August 12, 2024;

H. The City has not received any payment from the property owner after receiving the Notice of Special Assessment; and

I. 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.

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, totaling $11,954.05, 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.

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 upon notice of non-payment from the City Attorney, and in any event no later than 60 days from the adoption of this Resolution;

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 in the amount of $11,954.05 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.
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City of Bellflower
Resolution No. 24-44

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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.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 12TH DAY OF AUGUST, 2024.

____________________________
Dan Koops, Mayor
ATTEST:

__________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

________________________________________
By: Solange Fortenbach, Deputy City Attorney

ATTACHMENTS:

Exhibit A – Statement of Abatement Costs
Exhibit B – Notice of Special Assessment

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RESOLUTION

EXHIBIT A
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Exhibit A
Accounting of Abatement-Related Costs

2023-2024 Abatement

Bellflower City Attorney’s Office – 17046 Bellflower Blvd.

Department of Public Works – Invoice
Date Description Amount
4/15/2024 –
4/19/2024
Cleanup of Private Property $2,949.86
Total $2,949.86

Total 2023-2024 Abatement Costs: $11,954.05
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RESOLUTION

EXHIBIT B
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Direct No.: 949.265.3416
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 18300 Von Karman Avenue - Suite 650
Irvine, California 92612 -1032
voice 949.863.3363 - fax 949.863.3350
www.bwslaw.com
August 1, 2024
VIA U.S.P.S. AND CERTIFIED MAIL AND ELECTRONIC MAIL

Ariel H. Mossazadeh SBN 312986
2664 S La Cienega Blvd.

Los Angeles, CA
90034-2604
E-mail: [email protected]
Second e-mail: [email protected]

Re: DEMAND LETTER
17046 Bellflower Blvd., Bellflower, CA 90706
APNs 7109-025-002

Dear Ariel Mossazadeh:

As you are aware, this law firm serves as the City Attorney’s Office for the City of Bellflower (“City”), and I serve as its Deputy 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 property at 17046 Bellflower Blvd. (“Property”) into compliance with the health and safety requirements of Bellflower Municipal Code (“BMC”) § 8.36 and vacant lot requirements of BMC § 8.40 On April 9, 2024, the City obtained an abatement warrant from the Honorable Susan J. Townsend, Judge of the Los Angeles Superior Court for the use of City personnel to abate your Property. After still being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel, on April 15, 2024, the City executed that warrant and abated your Property. The cost to abate the Property totaled $11,954.05. An accounting of these costs is attached hereto as Exhibit A.

Please be advised that pursuant to BMC Chapter 8.361, the City is entitled to recover its abatement related costs from you.

1 The Bellflower Municipal Code may be accessed at https://ecode360.com/BE4904 . -14-
Q ‘
BURKE. WILLIAMS 8. SORENSEN, LLP

Euclid Hazard Capital, LLC.

August 1, 2024

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The City has determined abatement costs up to the present total to be $11,954.05. This amount is subject to increase until final payment is made as further legal fees accumulate to collect these outstanding costs.

While you were previously advised that you had until July 8, 2024, to remit payment to the City the costs associated abatement of the Property, the City has decided to extend the amount of time offered.

Please be advised that you have until August 12, 2024, at 4:00 p.m. to remit to the City the total sum of $11,954.05 by cashier’s check only to avoid the City seeking and imposing a special assessment lien on the Property. If paying by business check, personal check, or wire transfer, payment must be remitted no later than 4 p.m. on August 6. Payment should be made out to “City of Bellflower,” should reference “Abatement reimbursement for 17046 Bellflower Blvd.,” and should be submitted in person or mailed.

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:

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 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. -15-
O ‘
BURKE, WILLIAMS & SORENSEN. LLP

Euclid Hazard Capital, LLC.

August 1, 2024

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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 August 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 to record the lien against your Property.

Please feel free to contact me with any questions you may have.

Sincerely,

BURKE, WILLIAMS & SORENSEN, LLP
Solange Fortenbach
SF:SF
cc: Brian McNerney, Public Safety Manager
Ryan Smoot, City Manager
Timothy Campen, Assistant City Attorney
Karl H. Berger, City Attorney
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.

BURKE, WILLIAMS & SO
A
RENSEN. LLP

Bellflower City CouncilAugust 12, 2024

Bellflower City Council
August 12, 2024