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File #: 25-974    Version: 2 Name:
Type: Action Item Status: Agenda Ready
File created: 9/26/2025 In control: Planning Commission
On agenda: 10/7/2025 Final action:
Title: 1:30 P.M. HEARING – Consideration of Hearing Request Regarding Code Enforcement Notice of Nuisance and Order to Abate; 14526 Snead Dr., Cobb (APN 052-042-11); Property Owner: Jose Barbosa Garcia
Sponsors: Community Development
Attachments: 1. Attachment A - Map, 2. Attachment B - 052-042-11 Site Evaluation Letter 05.07.1992, 3. Attachment C - Complaint with photos, 4. Attachment D - ENF-25-690_courtesy_letter_Tue_Apr_29_2025_08-39-08 - Attachment D, 5. Attachment E - Photos, 6. Attachment F - Notices, 7. Attachment G - Request for Hearing
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 Memorandum

 

Date:                                          October 7, 2025

To:                                          The Honorable Lake County Board of Supervisors

From:                                          Mireya G. Turner, Community Development Director

                                          Prepared by: Marcus Beltramo, Code Enforcement Manager

Subject:                       1:30 P.M. HEARING - Consideration of Hearing Request Before the Board of Supervisors - Regarding Code Enforcement Notice of Nuisance and Order to Abate, 14526 Snead Dr., Cobb (APN 052-042-11); Appellant Jose Barbosa Garcia

                                                                                                                                                                                                                                                                                 

Executive Summary:

The Lake County Code Enforcement Division received a request for a hearing before the Board of Supervisors from the property owner, Jose Barbosa Garcia (hereinafter, Garcia) regarding a Notice of Nuisance and Order to Abate issued against the property for violations of the Lake County Code. 

Rule:

In accordance with Lake County Code Chapter 13, Article I, Section 13-7 - A hearing before the Board of Supervisors regarding a Notice of Nuisance and Order to Abate may be requested.  When a hearing is requested the Board shall proceed to hear the testimony of the Enforcement Official, his/her assistants or deputies, the testimony of the owner or his/her representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the Board may deem pertinent. Upon the conclusion of the hearing, the Board of Supervisors may terminate the abatement proceedings, or it may uphold the Notice of Nuisance and Order to Abate, prescribing the requirements of such abatement and prescribing the time for the completion of such abatement.

Property Information: (Attachment A - Map)

Property Interest: According to the County records, on February 5, 2025 interest in the subject property was granted to Garcia. No other parties were identified as having an interest in the property.

Zoning: The property is zoned “R1” Single Family Residential.  Pursuant to Ch 21, Article 10, Section 10.1, the primary purpose is: “To establish areas for individual residential dwelling units at relatively low densities where the traditional neighborhood character of single-family units prevail.”

Improvement(s): The property is currently a vacant lot with no improvement or structures.

Assessment Information: The property is currently only being assessed for the value of the land.

Building Permit(S): CDD records do not reflect any open permits or application for permits.

Planning Permit(s): CDD records do not reflect any open permits or application for permits.  Although a Grading Questionnaire was completed by Garcia, which was reviewed by the Planning Division and a determination was made that grading permit would be required.

Septic Information: Per Environmental Health Department (EH), there are no open permits currently. In the EH file there was site evaluation denial letter which states: (Attachment B - EH Letter)

The conditions in this area of the site do not appear to meet minimum requirements as set forth by Lake County standards for Subsurface and Alternate Sewage and Non-water Carried Waste Disposal. Given the lot size and/or conditions which exist on and around this property, there is not sufficient area to allow for development and the construction of an adequate disposal system. The property has been denied based on soil mottling, indicating that the depth to the winter water table is above acceptable limits. A winter re-check can be made to determine the actual depth to, the water table. If you desire a winter re-check, contact this office.

Water / Sewer Information: Cobb Area County Water District stated there is no water service.  To activate water service a fee would need to be paid to connect to the water line.

Investigation Background and Fact(s):

On April 28, 2025, Code Enforcement received a complaint with photos, alleging: (Attachment C - Photos)

New owner placed an older RV on property. No water septic or electric not sure if going to occupy.  No home exists on the land; it is undeveloped vacant land.

On April 29, 2025, A courtesy letter was generated to the property owner and mailed to the address listed with County records.  (Attachment D - Letter)

 

On May 27, 2025, Code Enforcement conducted its first site inspection. It was determined that potential violation(s) exist for storage on a vacant lot contrary to the provisions of Chapter 21, The Lake County Zoning Ordinance. The Code Officer made the following notes: (Attachment E - Photos)

 On May 27, 2025, Code Enforcement Officer Christopher Colen, conducted a site inspection and observed a travel trailer parked on the vacant parcel, along with various other personal property. I spoke with the owner, Jose Garcia, on site and explained that he needed to remove everything from the property I told him I would give him two (2) weeks to remove everything.

On June 12, 2025, Code Conducted a follow site visit and made the following notations:

On June12, 2025, Code Enforcement Officer Christopher Colen, conducted a site inspection and observed the violations on the property still remained - a Hideout by Hornet travel trailer parked on the vacant parcel, along with various other personal property. There also seemed to be some fill occurring, comprised of dirt and branches. The property owner was given two (2) weeks to bring the property into compliance on 05-27-25, but the property remains in violation and will be written up.

On June 26, 2025, Code Enforcement issued a “Notice of Nuisance and Order to Abate” (NONOTA) against the property.  NONOTA provided a thirty (30) day period to correct the violations and provide for a twenty-one (21) day appeal period.  The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment F)

LCC Chapter 13, Article I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 21.

Storage of a recreational vehicle and other items contrary to the primary purpose for the “R1” zoning designation by not first establishing a residential dwelling and/ occupation of a recreational vehicle being used for the purpose of permanent habitation that does not meet minimum construction standards.

On June 30, 2025, a request for a hearing before the Board of Supervisors (appeal) was received from Jose Barbosa Garcia (Garcia). The form asks for a reason why the property should not be considered a public nuisance.  Garcia provided the following reason: (Attachment G)

“Hi, I need more time to get my permits for building & for the trailer.  I do have consistent income & my family is helping me with funding.”

On July 17, 2025, I (Beltramo) spoke with Garcia.  Garcia stated RV is his homestead and he does not have another place to store the RV.  Garcia stated it is his intent to build a structure on the property.  Garcia was provided with information for Environmental Health for septic information; a list of drafters to design his home; and information on how to submit a building permit application.

On September 24, 2025, I (Beltramo) sent an email to Garcia informing him of the Oct 7, 2025, hearing which Garcia confirmed receipt of the email and hearing information.

Estimated Abatement Costs:

Removal of RV - $3,000.00 ($100 per ft)

Removal of miscellaneous items - $200.00 (disposal fees and contractor time)

_______________________________________________________________________________

Evidence:

Attachment(s) -                     A - Property Map

                                                               B - EH Letter regarding Septic

                                                               C - Complaint with photos

                                                               D - Courtesy Letter

                                                               E - First Site Inspection photos

                                                               F - Notice of Nuisance and Order to Abate

                                                               G - Request for Hearing Form (Garcia)

County Witness(es):

Marcus Beltramo, Code Enforcement Manager

Christopher Colen, Code Enforcement Officer

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Recommended Action: 

Staff recommend the Board of Supervisors uphold the NONOTA and instruct staff to move forward with its abatement processes to remove the recreational vehicle and other miscellaneous items from the property, restoring the lot back to a vacant parcel and compliance with the Lake County Zoning Ordinance.