CF 14-1585 

The Department of Building and Safety (the “Department”) respectfully requests that the Honorable PLUM Committee initiate an ordinance that would clarify that notices and instruments related to nuisance abatement and Code Compliance proceedings shall be entitled to recordation.

Recently, a member of the public has questioned the Department’s authority to record certain documents, including proposed liens in connection with nuisance abatement and other Code enforcement and Code compliance activities.

California Government Code Section 27201 provides that the county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency.”

To clarify that the Department has the authority to record notices and instruments, the Department respectfully requests that the PLUM Committee initiate the attached draft ordinance and request that the City Attorney’s Office work with the Department to make any necessary revisions to the draft ordinance to ensure its legality.