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BURKE, WILLIAMS & SORENSEN, LLP WWW.bwslaw.Corn
Direct No.: 619.814.5810
[email protected]
August 2, 2024
VIA U.S. MAIL, CERTIFIED MAIL AND ELECTRONIC MAIL
Eitan Sharaf
Artesia Enterprises LLC
7624 Firestone Blvd.
Downey, CA 90241
Email: designerbuildersCcr7verizon.net
Re: Code Enforcement Final Notice of Compliance
9103-9121 Artesia Blvd., Bellflower CA 90706
APNs 7162-016-044 and 7162-016-045
Dear Mr. Sharaf:
This letter represents the City of Bellflower's Final Notice of Compliance with the administrative hearing officer's amended order dated May 31, 2024 ("Amended Order"), concerning the above referenced real property (the "Property). Please read every word of this Notice carefully, as it provides important direction on your obligations, deadlines, and consequences of non-compliance.
The Amended Order states in relevant part for purposes of this Notice as follows:
The conditions described in Findings 2-9 (of the Order) constitute a public nuisance on the Property subject to abatement, including, without limitation: ... [1] removal of all blighted and unpermitted structures from the Property; [2] removal or elimination of blight of permitted structures (exterior siding, paint, and condition); ... [3] elimination of stained and blighted lot surfaces; [4] bring all fencing and signage into compliance with Municipal Code; [5] generally bring entire property into conformity with area standards. Such abatement shall be made by the Owner within 90 days of this Amended Order and, if not completed within said time, shall be conducted by the City using its own or contracted personnel and all costs thereof shall be assessed against Property as a lien. (Bold and numbering added for emphasis and clarity.)
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BURKE, WILLIAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
FINAL NOTICE OF COMPLIANCE
Compliance with the following corrective actions must be completed no later than 5:00 p.m. on October 2, 2024:
[1] removal of all blighted and unpermitted structures from the Property.
After thorough review and consideration of all available evidence, including documentation provided by you, the City has confirmed that the remaining trailer in the middle of the Property designated as area "D" in Exhibit 1 below is an unpermitted structure. It is also among the structures found to be blighted in the Amended Order.
There are no City permits or approvals for trailers on the Property. Accordingly, you must either remove all trailers from the Property, including all blight associated with any such trailers, or obtain all required permits and approvals from the City for such trailers. [2] removal or elimination of blight of permitted structures (exterior siding, paint, and condition).
The three structures designated as areas "A," "B," and "C" in Exhibit 1 remain dilapidated and are a blight on the City. You must either demolish and remove these structures, or obtain necessary permits and approvals from the City to rehabilitate all the structures you wish to remain.
[3] elimination of stained and blighted lot surfaces.
You must eliminate all illicit discharge from the Property, including, without limitation, removing all stains, oil, and other vehicle fluids, from all surfaces on the Property such that the Property remains free of blight.
[4] bring all fencing and signage into compliance with Bellflower Municipal Code This includes, without limitation, ensuring no fencing is within the 10 -foot setback from any public sidewalks, and that any other fencing remaining on the Property complies with the Bellflower Municipal Code, including, without limitation, all required approvals and permits.
[5] generally bring entire property into conformity with area standards.
This refers to bringing the condition and appearance of the Property into conformity with the maintenance standards of other properties in the vicinity, including, without limitation, removing all blight from the Property.
BURKE, WILLIAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
Exhibit 1
For reference on understanding what physical "blight" of property includes, Merriam Webster Dictionary defines blight as "a deteriorated condition." California Health & Safety Code § 33031, (although originally intended for redevelopment law) is also instructive, and states in relevant part as follows:1
(a) This subdivision describes physical conditions that cause blight:
(1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities.
(2) Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by buildings of 1 Definitions and examples of blight provided in this Notice are not intended to be exhaustive and should not be interpreted as any limitation of the types or extent of conditions that amount to physical blight.
BURKE, WILLIAMS & SORENSEN, LIP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
substandard, defective, or obsolete design or construction given the present general plan, zoning, or other development standards.
Applied to the Property, and as previously communicated to you many times: the structures on the Property show deteriorated conditions, lack of maintenance, and haphazard repairs; fencing is old and dilapidated; the lot surfaces are stained from illicit discharge, cracked and damaged due primarily to years of auto repair work and exposure to industrial substances. Examples of blighted conditions, which are not exhaustive, are shown in the following photos of the Property:
BURKE, WILLIAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
By way of example, compare the conditions of the Property to your other commercial properties located at 1 7321-1 7341 Clark Ave. in Bellflower and at 7624 Firestone Blvd. in Downey, as depicted below in Examples 1 and 2, respectively.
Example 1 -17321-17341 Clark Ave
BURKE, WILLIAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
Example 2 - 7624 Firestone Blvd.
Your other two commercial properties shown above demonstrate your experience with well -maintained properties and provide a clear guide for expectations of abatement of your blighted Property.
TAKE NOTICE
Be further advised that your obligation to timely comply with the Amended Order abating the nuisances on the Property takes priority over, and is independent from, any intended uses of the Property as a contractor's office, contractor's equipment yard, or any long-term development of the Property. You are free to combine your abatement efforts with construction for intended uses of the Property, but doing so will not extend the abatement deadline.
Be further advised that compliance with the Amended Order does not necessarily mean that the Property would then necessarily be fully compliant with the Bellflower Municipal Code ("BMC"). The Amended Order addresses specific nuisances on the Property. It is your responsibility to ensure it is otherwise compliant with all applicable law . Every day a violation of the BMC exists, it is considered a new and independent violation. The City reserves the right to pursue enforcement of all violations on the Property, beyond the Amended Order, by any and all means permitted by law.
Be further advised that no further extensions or notices will be provided, and the City reserves its right to pursue an abatement warrant to enter upon the Property to abate
BURKE, WILL.IAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
the public nuisances thereon consistent with the Amended Order, its police powers, and as otherwise provided by law if this deadline is not strictly met. You have been aware of your obligation to abate the nuisances specified in the Amended Order going back to at least February 2021 when a formal Notice of Public Nuisance was served on you by the City Attorney's Office, and numerous notices since.
Be further advised that after inspection of the Property by the Building Official, he has confirmed that October 2, 2024, is sufficient time to comply with the Corrective Actions listed in this Notice, particularly given your being a licensed contractor and property development experience.
Be Advised that the City is not going to provide you with detailed, pinpoint instruction or lists of the exact aspects of the Property that are blighted or otherwise not in conformity with the BMC, nor precisely how to eliminate their blighted conditions. As a licensed contractor and owner of many other commercial developments over the years, you are well equipped to understand the difference between a deteriorated property and one that appears respectable and well maintained from the public right-of-way. Using your own commercial properties mentioned above provides sufficient examples of the level of appearance and maintenance that would eliminate the blight of the Property.
Be Advised that during the Building Official's recent inspection of the Property, he observed conditions that are not compliant with current building codes and/or indicated unpermitted work. This includes, without limitation, issues with the structures, electrical and plumbing. Any structures you intend to keep and use on the property may involve work that requires permits from the City.
Be Advised that City staff will review and process any plans that you submit within a reasonable time. It is your responsibility to factor in time for plan review in meeting your October 2, 2024 deadline. Feedback will be provided by comments and corrections to plans, as needed. You should not expect any direction or informal review from any City staff before, or in preparation of, submitting plans to the City.
Be Advised that should the City abate your Property, you will be responsible for the City's costs of abatement, including attorney fees. Failure to pay the City's abatement costs in full will result in the City placing a lien and special tax assessment on your Property to recoup these costs. Further, the City may seek foreclosure and sale your Property under that lien to recover its abatement costs.
Be Advised that any communications with this Office or City staff regarding the contents of this Notice or compliance with the Amended Order should be in writing or witnessed by at least two City personnel. Doing so will help preserve a clear record of events and avoid any misunderstandings.
BURKE, WILLIAMS & SORENSEN, LLP
Eitan Sharaf
9103-9221 Artesia Blvd.
August 2, 2024
Be Advised that the directives and contents of this Notice have the support and backing of the City Council, City Manager, and City Executive Management. As always, the City encourages and prefers voluntary compliance. But given the long history of unlawful uses and maintenance of your Property, particularly where these violations pose an immediate threat to public health, safety, and general welfare, the City's patience has come to an end.
In conclusion, you have been on notice of your obligation to eliminate the blighted conditions of the Property for years, and were ordered to do so within 90 days of the Administrative Order dated February 14, 2024. The Amended Order of May 31, 2024, which was provided as a courtesy for additional clarity concerning your obligations of compliance, extended that deadline to August 29, 2024. This current deadline of October 2, 2024, represents the final extension of time promised by this Office —there will be no further extensions. You may wish to consult with legal counsel.
You or your legal counsel may me regarding this Notice by email at [email protected].
Sincerely,
BURKE, WILLIAMS & SORENSEN, LLP
Timothy E. Campen
Assistant City Attorney, City of Bellflower
cc: Bellflower City Council
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Elizabeth Oba, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
Brian McNerney, Interim Director of Public Safety
David Fawcett, Code Enforcement Supervisor