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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Timothy E. Campen, Assistant City Attorney
Brian McNerney, Director of Public Safety
SUBJECT: Consideration and possible action to adopt Resolution No. 25-18 – A Resolution to record a Notice of Special Assessment for Nuisance Abatement for the property located at 17046 Bellflower Boulevard, Bellflower, CA 90706 (APN 7109-025-002).
DATE: May 27, 2025
EXECUTIVE SUMMARY
Pursuant to Bellflower Municipal Code (“BMC”) §§ 1.12.060 and 8.36.200, the City may recover abatement costs by recording a nuisance abatement lien upon real property.
Public nuisance on the vacant lot property located at 17046 Bellflower Boulevard has been abated by the City. As a result, the City incurred a total of $212,100.61 (which includes legal fees). The property owner has been provided with a Notice of Special Assessment and an opportunity to either remit payment to the City or formally contest the costs incurred. The City has not received any response from the property owner regarding the Notice of Special Assessment.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider the following:
1) Adopt Resolution No. 25-18 imposing a public nuisance abatement lien on the property located at 17046 Bellflower Boulevard to recover the City’s abatement costs; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The public nuisance abatement lien will allow the City to recover $212,100.61.
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Staff Report – Notice of Special Assessment for Nuisance Abatement at 17046 Bellflower Boulevard
May 27, 2025
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BACKGROUND & DISCUSSION
I. Nuisance Enforcement, Abatement and Cost Recovery, Generally.
The BMC authorizes the City to engage in nuisance abatement, or issue administrative citations, when private property owners refuse to voluntarily clean up their properties. Abatement costs include the time spent and actions performed while abating public nuisances and expenses incurred by the City in attempting to recoup these costs .
Government Code § 38773.5 and BMC § 8.36.200 allow the City to place a nuisance abatement lien upon real property to recover any unpaid enforcement/abatement costs incurred by the City . If such a special assessment is unpaid after three years, the tax collector may sell the property to recover the total amount owed.
A similar process is authorized for unpaid administrative citations which may be recovered pursuant to Government Code § 53069.4 and BMC § 1.12.060.
II. 17046 Bellflower Boulevard (APN 7109-025-002)
17046 Bellflower Boulevard (“Property”) was a vacant building in a general commercial zone. On April 9, 2024, the City obtained an abatement warrant to enter the Property and (1) remove and/or trim any and all vegetation that is overgrown and unsightly; (2) remove or cover any graffiti on the Property; (3) remove all junk, trash, and debris from the Property; (4) paint over boarded up windows to mitigate the appearance of the Property being vacant; and (5) otherwise ensure all exterior portions of the Pr operty remain free of blight so as to be consistent with the provisions of the BMC. The abatement was executed on April 15, 2024. However, over the course of the next several months, the Property returned to its blighted condition, with no apparent maintenance whatsoever.
On October 9, 2024, the City declared the Property to be a public nuisance in violation of Chapters 8.36 and 8.40 of the Bellflower Municipal Code and served a Notice of Public Nuisance and Intent to Abate (“Notice of Public Nuisance”) on the registered Property owner, Euclid Hazard Capital, LLC.
After receiving no response to any of the notices and after time to appeal the Notice expired, on or about November 19, 2024, the City obtained and executed an abatement warrant to bring the Property into compliance with Chapters 8.36 and 8.40. This included securing the structure from trespasser, conducting required testing and remediation for mold and asbestos, demolishing the existing vacant structure down to its foundation and capping all utilities; removing all vegetation, junk, trash, debris, and vehicles parked on Property; and ensuring all portions of the Property remain free of blight so as to be consistent with the provisions of the BMC. A breakdown of abatement related costs are attached to the Resolution as Exhibit A.
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Staff Report – Notice of Special Assessment for Nuisance Abatement at 17046 Bellflower Boulevard
May 27, 2025
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BACKGROUND & DISCUSSION – Continued
On May 2, 2025, the City provided the Property owner with a Notice of Special Assessment informing them of the City’s abatement-related costs for reimbursement in the amount of $212,100.61, and demanding payment in full by May 27, 2025. That Notice of Special Assessment further advised the Property owner of their opportunity to be heard on this matter at the May 27, 2025, City Council meeting. A copy of that Notice is attached to the Resolution as Exhibit B. To date, the City has not received any response from the Property owner regarding the Notice of Special Assessment, and the Property owner has not filed a written request to contest the abatement costs pursuant to BMC § 8.36.180.
Resolution No. 25-18 seeks reimbursement of the City’s abatement-related costs of $212,100.61 by authorizing the recording of a nuisance abatement lien against the Property, which will be subject to collection by special tax assessment for recovery of such costs and due immediately with property tax payments . This nuisance abatement lien remains an encumbrance on the Property, with any balance to be paid when there is a title change recorded with the Property, such as it being sold or refinanced.
ATTACHMENTS
Resolution No. 25-18
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4938-0629-1268 v1
CITY OF BELLFLOWER
RESOLUTION NO. 25-18
A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT FOR THE PROPERTY LOCATED AT
17046 BELLFLOWER BOULEVARD, BELLFLOWER, CA 90706
(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 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, Bellflower, CA 90706 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 October 9, 2024, the City declared the Property to be a public nuisance in violation of Chapters 8.36 and 8.40 of the Bellflower Municipal Code. The City later abated the nuisance following a Notice of Public Nuisance and Intent to Abate (“Notice of Public Nuisance”) served on the registered Property owner, Euclid Hazard Capital, LLC, who failed to request any appeal of the Notice;
D. The City has incurred costs abating the public nuisance. An itemized statement of costs for work performed by the City totaling $212,100.61 was provided to the property owner on May 2, 2025, (“Notice of Special Assessment”) demanding payment in full by this City Council meeting on May 27, 2025. The Notice of Special Assessment further informed the property owner of the opportunity to contest this demand to the City Council at this same meeting where recording a lien against the Property to be collected by special assessment would be considered;
E. The City has not received any response from the property owner regarding the Notice of Special Assessment; and
F. 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 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. 25-18
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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4938-0629-1268 v1
City of Bellflower
Resolution No. 25-18
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 27TH DAY OF MAY 2025.
____________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
__________________________________________
BY: Timothy E. Campen, Assistant City Attorney
ATTACHMENTS:
Exhibit A – Statement of Abatement Costs
Exhibit B – Notice of Special Assessment
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(STATEMENT OF ABATEMENT COSTS)
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RESOLUTION - EXHIBIT B
(NOTICE OF SPECIAL ASSESSMENT)
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NOTICE OF SPECIAL ASSESSMENT
EXHIBIT A
(STATEMENT OF ABATEMENT COSTS)
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NOTICE OF SPECIAL ASSESSMENT
EXHIBIT B
(PHOTOS)
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