Subject: 11:15 AM - HEARING - Consideration of Hearing Request for Code Enforcement Notice of Nuisance and Order to Abate for 10674 Edgewater Dr., Kelseyville (APN 043-433-09) Property Owner: Annette M. Encalada
Executive Summary: The Lake County Code Enforcement Division received a request for a hearing before the Board of Supervisors from the property owner, Annette M. Encalada (hereinafter, Encalada) regarding a Notice of Nuisance and Order to Abate issued against the property for violations of the Lake County Code. (Attachment A - Hearing Request)
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 B - Map)
Property Interest: According to the County records, on 5/5/2017 interest in the subject property was granted to Encalada.
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.”
Tax Default status: On 8/2/2025, a “Notice of Power to Sell Tax-Defaulted Property” was recorded reflecting a default date of 6/30/2020 for a delinquent tax (Attachment C). As of the date of this memo, County records reflect a delinquent balance in the amount of $1,187.68.
Improvement(s): The property is currently a vacant lot with no permitted improvement or structures.
Investigation Background and Fact(s):
The case was opened based on referral from CHP who had concerns of a person living in a vehicle, illegal construction, and chickens and rubbish in open view on the property.
On September 18, 2025, Code Office Wes Nelson conducted a site inspection and observed miscellaneous items scattered on the property, a shed, a chicken coop, wood that appeared to be framing for a foundation, a graded for building on (pad), and other miscellaneous items. (Attachment D - site photos)
On September 24,, 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 property was cited for violations of: (1) use of the land contrary to the provisions of the zoning ordinance (LCC Chapter 21); (2) contrary use of the land for open and outdoor storage (including but not limited to junk, construction materials, scrap metal, wood, petroleum-based materials or products, paper products, waste or trash materials) without first having a primary residential structure; (3) contrary use of the land and building by installation or erection of structures less than 120 sq ft (chicken coop, shed) without first obtaining a zoning clearance as required by the zoning ordinance. NONOTOA cited the following violation(s) of the Lake County Code: (Attachment E)
LCC Chapter 13, Article 1, 13-3.1 (e) (5) Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this Chapter or Chapters 5, 9, 17, 21, 23, 29, or 30 of this Code
LCC Chapter 13, Article 1, 13-3.1 (e) (8) Any items causing an unsightly appearance which is visible from the scenic corridor or public right of way or sites of neighboring properties, or which provides harborage for rats and/or other vermin, or creates other potential health hazard or public nuisance.
On October 14, 2025, a request for a hearing before the Board of Supervisors (appeal) was received from Encalada. The form asks for a reason why the property should not be considered a public nuisance and Encalada provided the following reason:(Attachment A - Hearing Request)
“Appealing the notice of nuisance & order to abate regarding my three items Ava, Coco, and Tweetie bird. These are pet hens that I / we been a family. It fringes on my rights of pet kind when many have allergies to furry creatures. The shed is a tool shed 5 X7.5. I don’t camp on the property, it been too dark and scary. Solar lights makes it more pleasant. (Hens) pets are emotional support pets.”
Estimated Abatement Costs:
Removal of shed, chicken coop, stones, wood, burn barrel, cage structure, and other miscellaneous items, disposal fees, and contractor time - $1,000 or less
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Evidence:
Attachment(s) - A - Hearing Request - Annette Encalada
B - Property Map
C - Notice of tax default
D - Site photos
E - Notice of Nuisance and Order to Abate
County Witness(es):
Marcus Beltramo - Code Enforcement Manager
Wesley Nelson - Code Enforcement Officer