Chapter 2.18 — COUNTY CLERK-RECORDER DEPARTMENT

There is in the county a county clerk-recorder department, hereafter in this chapter referred to as the department.

(Prior admin. code § 5-7.01)

The executive officer of the department is the county clerk-recorder, elected as provided in the Charter and state law.

(Prior admin. code § 5-7.02)

The county clerk-recorder shall perform the duties of the clerk of the Superior Court as prescribed in the State Constitution, state law, County Charter, and ordinances not inconsistent therewith, which duties shall include, but not by way of limitation:

A.

To receive and file all pleadings coming before the court;

B.

To issue all process of the court;

C.

To keep an index of all court matters;

D.

To register all papers and orders in each case;

E.

To microfilm all judgments for permanent record;

F.

Through deputies, designate as court clerks, to attend all court sessions of the civil, criminal, probate, juvenile and appellate departments of the court;

G.

To impanel juries;

H.

To keep minutes of the courts and forward copies of commitments to state prisons;

I.

To enter at length all remittiturs from appellate and Supreme Courts of the state;

J.

Other matters relating to the clerical work of the Superior Court.

(Prior admin. code § 5-7.03)

Subject to the provisions of state law and ordinances not inconsistent therewith, the county clerk-recorder shall perform the following duties, which duties shall include, but not by way of limitation:

A.

To record all documents, instruments, papers and notices required to be filed by state law;

B.

To maintain records of land titles, liens or encumbrances upon such land;

C.

To have charge of all record books in which are filed all birth certificates, marriage licenses, armed forces discharge papers, and the original tracing of all surveys, maps and subdivisions in Alameda County;

D.

To prepare, file and index a true and exact copy of all documents recorded.

(Prior admin. code § 5-7.06)

The county clerk-recorder shall perform other duties as prescribed by state law, the County Charter, or ordinances not inconsistent therewith, which duties shall include, but not by way of limitation:

A.

To issue marriage licenses and maintain an index under the names of brides and grooms;

B.

To file and index articles of incorporation and amendments thereto, certificates and affidavits of publication of fictitious names, copies of coroner's inquests, surety insurance company certificates, county officers and deputies; appointment certificates, bonds of notaries public and county and township officers, and administer oath of office to such notaries, public officers and deputies;

C.

To register medical, dental, optometry, osteopathy and chiropractic certificates;

D.

Other duties relating to maintaining the clerical records of the county.

(Prior admin. code § 5-7.07)

The county clerk-recorder shall charge the fees prescribed by law for recording and filing documents. In addition thereto, the clerk-recorder shall impose the following fees: (A) a fee of one dollar ($1.00) for filing every instrument paper, or notice for record, in order to defray the cost of converting the clerk-recorder's document storage system to micrographics; (B) a fee of twenty dollars ($20.00) if a document evidencing a change of ownership is presented to the recorder for recordation on or after July 1, 1985, without the concurrent filing of a properly executed preliminary change of ownership report. The additional fee shall not be charged if the document is accompanied by an affidavit that the transferee is not a resident of California.

(Prior admin. code § 5-7.08)

All books and records on file in the department, except where otherwise provided by statute of court order, shall be available for inspection during regular office hours.

(Prior admin. code § 5-7.09)

Pursuant to Fish and Game Code Section 711.4(e), the county clerk shall charge a documentary handling fee of twenty-five dollars ($25.00) per filing of each environmental impact report in addition to the filing fees the county clerk is required to collect as specified in Fish and Game Code Section 711(e).

(Prior admin. code § 5-7.10)

A.

An election to select a county clerk-recorder shall be held with the presidential primary in the same manner that applies to the district attorney and sheriff, and as set forth in California Elections Code Section 1300.

B.

A county clerk-recorder elected in 2022 shall serve a six-year term, and the next election for the office shall occur at the 2028 presidential primary.

(Ord. No. 2024-29, § 3, 10-1-24)