TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Karl H. Berger, City Attorney
Solange Fortenbach, Deputy City Attorney
SUBJECT: Consideration and possible action to adopt Resolution No. 25-04 – A Resolution authorizing the recording of a Notice of Special Assessment for Nuisance Abatement against the owner of 9070 Artesia Boulevard (APN 7162-011-011).
DATE: January 27, 2025
EXECUTIVE SUMMARY
During the past several years, the parcel located at 9070 Artesia Boulevard, APN 7162- 011-011 (“Property”) has consistently been in a state of vacancy and blight, among other violations of the Bellflower Municipal Code (“BMC”) amounting to public nuisances. On October 26-29, 2024, City staff engaged in abatement of public nuisances on the Property, the costs for which the City is entitled to recoup.
The City Attorney accordingly recommends that the City Council adopt a Resolution authorizing the recording of a public nuisance abatement lien on the Property in order to recoup by special tax assessment the City’s costs of abating violations of the BMC.
RECOMMENDATION TO CITY COUNCIL:
1) Adopt Resolution No. 25-04 to authorize the recording of a notice of special assessment for nuisance abatement on the owner of 9070 Artesia 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 to date related to the Property.
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Staff Report – Notice of Special Assessment for Nuisance Abatement January 27, 2025
BACKGROUND AND ANALYSIS
The Property is a commercial property located at 9070 Artesia Boulevard in the City of Bellflower (“City”), Assessor Parcel Number 7162-011-011, (the “Property”). The Property has a history of being a blight in the community, as demonstrated by the accumulation of overgrown vegetation, inoperable vehicles, bee hives, graffiti, and trash, junk and debris.
The Property owner is Jaime Alejandre; he has two known addresses in Downey and one in Paramount, California. The City has also been in contact with Miguel Gonzalez, Jr., who is the owner’s designated representative with the City regarding the Property.
In 2023, Code Enforcement 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)(24) – Graffiti; BMC § 8.36.030(A)(2) – Unfinished Construction; BMC § 15.04.010 – Expired Building Permits; BMC § 15.04.010 – Unpermitted Construction; BMC § 8.36.030(A)(18) – Inoperable Vehicles; and BMC § 8.36.030(A)(16) – Accumulation of Trash, Junk, Debris, etc. Enforcement efforts stalled due to the Property being transferred to the current owner at the end of 2023.
Communication with the new ownership has been intermittent and promised compliance lacking. On February 13, 2024, the City Attorney’s Office sent a Notice of Violation and Corrective Actions. On April 23 and May 22, 2024, Code Enforcement sent the owner notices of violations for failure to maintain the Property with compliance deadlines. By July 31, 2024, there had been no discernible progress made towards bringing the Property into compliance with the BMC. On October 2, 2024, a Notice of Public Nuisance and Intent to Abate with City Personnel was served on ownership regarding particular issues that could be addressed by the City immediately, including: bee infestation securing the vacant building from trespassers, inoperable vehicles; overgrown vegetation; mismatched boards on the front of the building; trash, junk, and debris; and graffiti. On October 23, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to address these issues. -2-
Staff Report – Notice of Special Assessment for Nuisance Abatement January 27, 2025
BACKGROUND AND ANALYSIS – Continued
After no response from ownership, on October 24 and October 29, 2024, the City executed the abatement warrant. Abatement included removing inoperable vehicles; trimming overgrown vegetation; painting the front of the building; painting over graffiti; removing trash, junk, and debris; removing two beehives ; and securing the Property.
Enforcement efforts concerning the vacant, red-tagged structure at 9070 Artesia Boulevard, nuisances related to the bar at 9080 Artesia Boulevard, and substandard conditions with residential units at 17427 Virginia Avenue are ongoing.
A demand letter to recover the City’s abatement-related costs of $22,063.98 (attached as Exhibit A to the Resolution) was sent to owner Jaime Alejandre and his representative Miguel Gonzalez on January 22, 2025, detailing the costs associated with abating the Property and notice of the opportunity to challenge these cost when this Resolution is heard by Council on January 27, 2025.
RECOMMENDATION
It is our recommendation that the City Council move forward with adopting this Resolution authorizing the recording of this lien against the Property to be collected by special property tax assessment.
ATTACHMENTS
Resolution No. 25-04....................................................................................................... 4 Exhibit A – Statement of Abatement Costs ..................................................................... 7
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CITY OF BELLFLOWER
RESOLUTION NO. 25-04
A RESOLUTION AUTHORIZING THE RECORDING OF A NOTICE
OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT OF
9070 ARTESIA BOULEVARD (APN 7162-011-011)
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A.Chapter 8.36 of the Bellflower Municipal Code (“BMC”) (“Chapter 8.36”) establishes certain public nuisances for which the City maintains the ability to abate;
B.The subject parcel is comprised of three addresses, a vacant building at 9070 Artesia Boulevard, a bar at 9080 Artesia Boulevard, and six apartment units at 17427 Virginia Avenue, Assessor’s Parcel Number 7162-011-011 (the “Property”). The registered owner of the Property is Jaime Alejandre (“Owner”);
C.In 2023, Code Enforcement 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)(24) – Graffiti; BMC § 8.36.030(A)(2) – Unfinished Construction; BMC § 15.04.010 – Expired Building Permits; BMC §15.04.010 – Unpermitted Construction; BMC § 8.40.030(A)(18) – Inoperable Vehicles; and BMC § 8.40.030(A)(16) – Accumulation of Trash, Junk, Debris, etc.. Enforcement efforts stalled due to the Property being transferred to the current Owner at the end of 2023;
D.On February 13, 2024, the City Attorney’s Office sent a Notice of Violation and Corrective Actions. On April 23 and May 22, 2024, Code Enforcement sent the Owner notices of violations for failure to maintain the Property with compliance deadlines. By July 31, 2024, there had been no discernable progress made towards bringing the Property into compliance with the BMC. On October 2, 2024, a Notice of Public Nuisance and Intent to Abate with City Personnel was served on ownership regarding particular issues that could be addressed by the City immediately, including: bee infestation securing the vacant building from trespassers, inoperable vehicles; overgrown vegetation; mismatched boards on the front of the building; trash, junk, and debris; and graffiti. On October 23, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to address these issues;
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City of Bellflower
Resolution No. 25-04
E. After no response from ownership, on October 24 and October 29, 2024, the City executed the abatement warrant. Abatement included removing inoperable vehicles; trimming overgrown vegetation; painting the front of the building; painting over graffiti; removing trash, junk, and debris; removing two beehives; and securing the Property. Enforcement efforts concerning the vacant, red-tagged structure at 9070 Artesia Boulevard, nuisances related to the bar at 9080 Artesia Boulevard, and substandard conditions with residential units at 17427 Virginia Avenue are ongoing;
F. On January 22, 2025, the City Attorney’s Office served the Property Owner with a demand to pay the City’s abatement-related costs to date in the amount of $22,063.98. The Owner was provided with a copy of Exhibit A (“Statement”) itemizing these costs and was informed that if not paid in full by 4:00 p.m. on January 27, 2025, this Resolution would be presented to the City Council if he wished to be heard on it. The City has not received any payment from the Property Owner; and
G. Pursuant to Government Code § 38773.5 and BMC § 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 $22,063.98, 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 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. -5-
City of Bellflower
Resolution No. 25-04
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 $22,063.98 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.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 25TH DAY OF JANUARY, 2025.
____________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
________________________________________
By: Solange Fortenbach, Deputy City Attorney
Exhibits: A – Statement of Abatement Costs
B – Notice of Special Assessment
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Exhibit A
Accounting of Abatement-Related Costs
2024-2025 Abatement
Code Enforcement Inspector Costs
Date Hours Code Inspector Name Cost
3/7/2024 0.75 Esmeralda Erdelyan $68.27
3/7/2024 0.25 Esmeralda Erdelyan $22.76
3/18/2024 0.25 Esmeralda Erdelyan $22.76
3/19/2024 0.50 Esmeralda Erdelyan $45.52
3/20/2024 0.25 Esmeralda Erdelyan $22.76
3/26/2024 0.75 Esmeralda Erdelyan $68.27
3/28/2024 0.25 Esmeralda Erdelyan $22.76
4/11/2024 0.75 Esmeralda Erdelyan $68.27
4/11/2024 0.25 Esmeralda Erdelyan $22.76
4/22/2024 0.25 Esmeralda Erdelyan $22.76
4/23/2024 0.25 Esmeralda Erdelyan $22.76
4/29/2024 0.25 Esmeralda Erdelyan $22.76
5/23/2024 1.00 Esmeralda Erdelyan $91.03
6/4/2024 2.00 Esmeralda Erdelyan $182.06
6/7/2024 0.25 Esmeralda Erdelyan $22.76
6/10/2024 0.25 Esmeralda Erdelyan $22.76
6/12/2024 0.50 Esmeralda Erdelyan $45.52
6/19/2024 1.00 Esmeralda Erdelyan $91.03
6/27/2024 1.00 Esmeralda Erdelyan $91.03
7/25/2024 0.75 Esmeralda Erdelyan $68.27
7/31/2024 3.00 Esmeralda Erdelyan $273.09
8/2/2024 0.25 Esmeralda Erdelyan $22.76
8/13/2024 1.50 Esmeralda Erdelyan $136.55
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8/14/2024 3.00 Esmeralda Erdelyan $273.09
8/16/2024 0.25 Esmeralda Erdelyan $22.76
8/26/2024 0.75 Esmeralda Erdelyan $68.27
8/28/2024 0.25 Esmeralda Erdelyan $22.76
8/29/2024 0.75 Esmeralda Erdelyan $68.27
9/30/2024 0.25 Esmeralda Erdelyan $22.76
10/1/2024 0.75 Esmeralda Erdelyan $68.27
10/7/2024 0.25 Esmeralda Erdelyan $22.76
10/9/2024 0.75 Esmeralda Erdelyan $68.27
10/9/2024 0.25 Esmeralda Erdelyan $22.76
10/10/2024 0.50 Esmeralda Erdelyan $45.52
10/10/2024 0.25 Esmeralda Erdelyan $22.76
10/11/2024 2.00 Esmeralda Erdelyan $182.06
10/15/2024 0.75 Esmeralda Erdelyan $68.27
10/15/2024 0.25 Esmeralda Erdelyan $22.76
10/16/2024 0.25 Esmeralda Erdelyan $22.76
10/17/2024 0.25 Esmeralda Erdelyan $22.76
10/17/2024 0.25 Esmeralda Erdelyan $22.76
10/21/2024 1.50 Esmeralda Erdelyan $136.55
10/22/2024 0.75 Esmeralda Erdelyan $68.27
10/22/2024 1.00 Esmeralda Erdelyan $91.03
10/23/2024 1.50 Esmeralda Erdelyan $136.55
10/23/2024 0.25 Esmeralda Erdelyan $22.76
10/23/2024 0.25 Esmeralda Erdelyan $22.76
10/24/2024 1.50 Esmeralda Erdelyan $136.55
10/24/2024 0.25 Esmeralda Erdelyan $22.76
10/25/2024 0.25 Esmeralda Erdelyan $22.76
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10/28/2024 0.25 Esmeralda Erdelyan $22.76
10/28/2024 0.25 Esmeralda Erdelyan $22.76
10/29/2024 3.00 Esmeralda Erdelyan $273.09
11/4/2024 1.50 Esmeralda Erdelyan $136.55
11/4/2024 1.25 Esmeralda Erdelyan $113.79
11/4/2024 1.25 Esmeralda Erdelyan $113.79
11/5/2024 0.75 Esmeralda Erdelyan $68.27
11/6/2024 1.00 Esmeralda Erdelyan $91.03
11/19/2024 0.75 Esmeralda Erdelyan $68.27
8/26/2024 0.50 David Fawcett $73.17
9/24/2024 1.00 David Fawcett $146.33
9/30/2024 0.50 David Fawcett $73.17
10/9/2024 0.75 David Fawcett $109.75
10/24/2024 1.50 David Fawcett $219.50
10/29/2024 3.00 David Fawcett $438.99
Total $5,180
Bellflower City Attorney’s Office – 9070 Artesia
Date Attorney Hours Cost
1/9/2024 Timothy Campen 1.4 $345.80
1/10/2024 Timothy Campen 0.4 $98.80
1/11/2024 Timothy Campen 0.9 $222.30
1/22/2024 Solange Fortenbach 0.1 $24.70
1/24/2024 Timothy Campen 0.3 $74.10
1/18/2024 Timothy Campen 0.2 $49.40
2/12/2024 Timothy Campen 0.3 $74.10
2/12/2024 Timothy Campen 1.1 $271.70
2/13/2024 Timothy Campen 0.9 $222.30
3/4/2024 Timothy Campen 0.3 $74.10
3/6/2024 Timothy Campen 0.1 $24.70
3/6/2024 Karl Berger 0.1 $24.70
3/12/2024 Timothy Campen 0.3 $74.10
4/30/2024 Timothy Campen 0.2 $49.40
4/23/2024 Solange Fortenbach 4 $988.00
4/23/2024 Solange Fortenbach 0.1 $24.70
4/24/2024 Solange Fortenbach 0.2 $49.40
5/1/2024 Solange Fortenbach 0.1 $24.70
5/15/2024 Timothy Campen 1.2 $296.40
5/16/2024 Timothy Campen 1.9 $469.30
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5/20/2024 Solange Fortenbach 0.2 $49.40
5/20/2024 Solange Fortenbach 0.2 $49.40
5/14/2024 Solange Fortenbach 0.1 $24.70
5/22/2024 Solange Fortenbach 2.2 $543.40
5/23/2024 Solange Fortenbach 1 $247.00
5/22/2024 Timothy Campen 0.1 $24.70
5/20/2024 Timothy Campen 0.4 $98.80
5/14/2024 Timothy Campen 0.4 $98.80
6/1/2024 Solange Fortenbach 0.4 $98.80
6/5/2024 Solange Fortenbach 0.1 $24.70
6/17/2024 Solange Fortenbach 0.1 $24.70
6/27/2024 Timothy Campen 0.9 $222.30
6/26/2024 Solange Fortenbach 0.4 $98.80
6/17/2024 Timothy Campen 0.1 $24.70
6/12/2024 Timothy Campen 1.7 $419.90
6/6/2024 Timothy Campen 0.4 $98.80
7/25/2024 Solange Fortenbach 0.5 $127.50
7/31/2024 Timothy Campen 0.6 $153.00
7/30/2024 Timothy Campen 0.4 $102.00
7/25/2024 Timothy Campen 0.9 $229.50
7/16/2024 Timothy Campen 0.7 $178.50
7/29/2024 Solange Fortenbach 0.5 $127.50
7/30/2024 Solange Fortenbach 0.6 $153.00
7/30/2024 Solange Fortenbach 2.6 $663.00
7/31/2024 Solange Fortenbach 1.3 $331.50
7/31/2024 Solange Fortenbach 1.3 $331.50
9/1/2024 Karl Berger 0.1 $24.33
8/8/2024 Solange Fortenbach 0.5 $127.50
8/30/2024 Solange Fortenbach 0 $0.00
9/3/2024 Timothy Campen 0.2 $51.00
9/3/2024 Solange Fortenbach 0.5 $127.50
9/4/2024 Solange Fortenbach 0.1 $25.50
9/23/2024 Timothy Campen 0.4 $102.00
9/24/2024 Timothy Campen 0.1 $24.70
10/1/2024 Solange Fortenbach 0.1 $25.50
9/30/2024 Timothy Campen 2.8 $714.00
9/2/2024 Timothy Campen 0.6 $153.00
10/2/2024 Solange Fortenbach 0.1 $25.50
10/2/2024 Timothy Campen 0.1 $25.50
10/2/2024 Timothy Campen 0.9 $229.50
10/1/2024 Timothy Campen 2.2 $561.00
10/8/2024 Timothy Campen 0.2 $51.00
10/31/2024 Timothy Campen 0.3 $76.50
10/28/2024 Timothy Campen 0.2 $51.00
10/22/2024 Timothy Campen 2.8 $714.00
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10/23/2024 Timothy Campen 2.2 $561.00
10/23/2024 Timothy Campen 1 $255.00
10/21/2024 Timothy Campen 1.4 $357.00
10/10/2024 Timothy Campen 0.3 $76.50
11/5/2024 Timothy Campen 0.2 $51.00
11/19/2024 Timothy Campen 0.3 $76.50
11/19/2024 Solange Fortenbach 0.5 $127.50
11/20/2024 Solange Fortenbach 0.1 $25.50
11/26/2024 Timothy Campen 2.6 $663.00
11/7/2024 Timothy Campen 1.1 $280.50
11/6/2024 Timothy Campen 0.3 $76.50
12/4/2024 Solange Fortenbach 0.1 $25.50
12/5/2024 Solange Fortenbach 0.1 $25.50
12/19/2024 Solange Fortenbach 0.1 $51.00
12/22/2024 Solange Fortenbach 0.4 $102.00
12/6/2024 Timothy Campen 0.1 $25.50
1/7/2025 Solange Fortenbach 0.4 $102.00
1/14/2025 Solange Fortenbach 0.5 $127.50
Total $14,146.63
Department of Public Works – Invoice
Date Description Amount
10/29/2024 –
11/4/2024
Cleanup of Private Property: abandoned
vehicle removal; removal of trash, junk,
debris; paint front of 9070 Artesia Blvd.;
paint over graffiti
$2,437.35
Total $2,437.35
Bee Gone – Invoice
Date Description Amount
10/24/2024 Bee Removal $150.00
10/26/2024 Bee Removal $150.00
Total $300
Total 2024-2025 Abatement Costs: $22,063.98
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Recording requested by:
City of Bellflower
When recorded, mail to:
City of Bellflower
Attn: City Clerk
16600 Civic Center Drive
Bellflower, CA 90706
No fee per Government Code § 6103
NOTICE OF SPECIAL ASSESSMENT AND LIEN
NOTICE IS HEREBY GIVEN that the City of Bellflower claims a special assessment against the real property hereafter described ("the subject property") for the costs it incurred to abate a public nuisance threat as ordered by City Council Resolution No. 25- 04 adopted on January 27, 2025 (attached as Exhibit "A"), pursuant to an abatement of public nuisance action.
The amount of the abatement is TWENTY-TWO THOUSAND SIXTY-THREE DOLLARS AND NINETY-EIGHT CENTS ($22,063.98).
Recordation of this notice against the subject properties is made pursuant to Bellflower Municipal Code § 8.36.190. Once recorded, this notice will constitute a lien against the subject property until the special assessment is paid in full. The special assessment will be collected in the manner prescribed by Government Code § 38773.5. In addition to constituting a lien against the subject properties, this special assessment will be a personal obligation of its owner(s).
Pursuant to Government Code § 38773.5(c), the owner of record of the subject property has been notified by certified mail as follows: THE PROPERTY MAY BE SOLD AFTER
THREE YEARS BY THE TAX COLLECTOR FOR UNPAID DELINQUENT
ASSESSMENTS.
This Notice concerns the following real property:
L.A. County A.P.N.: 7162-011-011
Street Address: 9070 Artesia, Bellflower, CA 90706
Legal Description:
TRACT # 4498 E 131.55 FT OF LOTS 23 AND 24 AND
E 131.55 FT EX OF STS OF LOT 25
The owner of record of the subject property according to Los Angeles County Assessor Records is Jaime Alejandre.
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Signed the ______ day of January, 2025.
City of Bellflower
___________________________
Ryan Smoot, City Manager
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