San Diego County Municipal Code Art. IV A Assessor / Recorder / County Clerk

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*Editor’s note -- Title of Art. IV-A changed from Assessor to Assessor / Recorder / County Clerk by Ord. No. 8673 (N.S.), effective 5-23-96.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.; assessment appeals board, § 89.01 et seq.; assessment hearing officer, § 89.20.01.

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*Note -- Title added.

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(a) Any person over the age of 55 years who resides in property which is eligible for the homeowner‘s exemption under Article XIII A, Section 3(k) of the California Constitution and Section 218 of the Revenue & Taxation Code may transfer, subject to the conditions and limitations provided in Section 69.5 of the Revenue & Taxation Code, the base year value of that property, provided that the property is located in the State of California, to any replacement dwelling of equal or lesser value which is located within San Diego County and is purchased or newly constructed by that person as his or her principal residence within two years of the sale by that person of the original property, provided that the base year value of the original property shall not be transferred to the replacement dwelling until the original property is sold.

(b) All claims for transfers of base year value from original property located in another county shall be granted provided that the claims meet the conditions specified above and all applicable requirements of Article XIII A Section 2(a) of the California Constitution and Section 69.5 of Revenue & Taxation Code.

(c) The base year valuation of the original property, as determined by the Assessor Clerk in the county in which the original property is located, shall be accepted in connection with the granting of the claim for transfer of base year value as required by this Section.

(d) The provisions of this Section shall be applicable to all replacement dwellings which are purchased or newly constructed on or after November 9, 1988. Provisions of this Section shall remain operative for a period of not less than five (5) years, commencing on the effective date of this Section.

(e) This Section shall be repealed on January 1, 1999, unless the State Legislature prior to that date has extended the authority for the provisions contained herein.

(f) If a court determines that this Section is unlawful or invalid in that it is applicable to replacement dwellings which are purchased or newly constructed prior to the effective date (February 14, 1989) of this Section, those persons who own replacement dwellings purchased or newly constructed prior to February 14, 1989 and have paid a reduced property tax as a result of this Section, shall pay to the County of San Diego for every tax year that they paid said reduced property tax the difference between the amount of property tax they would have paid had they not been allowed to transfer their base value pursuant to this Section, and the amount they actually paid.

(g) If any subsection, subdivision, sentence, clause, phrase, or portion of this Section, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Section or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Section, and each subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.

(Article IV-A, Section 86, added by Ord. No. 1312 (N.S.), adopted 6-9-53; repealed by Ord. No. 7308 (N.S.), effective 7-2-87; new Section 86 added by Ord. No. 7587 (N.S.), effective 2-14-89; Ord. No. 7592 (N.S.), adopted 2-21-89, effective 3-23-89, supersedes Ord. No. 7587; amended by Ord. No. 7690 (N.S.), adopted 11-28-89, operative 1-1-90; amended by Ord. No. 8673 (N.S.), effective 5-23-96)

State law reference(s) -- Eligibility for homeowner’s exemption, Constitution Art. XIII A, § 3(k); similar provisions, Revenue & Taxation Code, § 218; limitations, Revenue & Taxation Code, § 69.5; requirements for above, Constitution Art. XIII A, § 2(a); similar provisions, Revenue & Taxation Code, § 69.5.

(a) Any person owning property which is substantially damaged or destroyed following a disaster may transfer, subject to the conditions and limitations provided in Section 69.3 of the Revenue and Taxation Code, the base year value of that property, provided that the property is located in the state of California, to any replacement dwelling of equal or lesser value which is located within San Diego County and is purchased or newly constructed by that person within three years after the date of the loss by that person of the original property.

(b) All claims for transfers of base year value from original property located in another county in California shall be granted, if the claims meet the applicable requirements of both subdivision (e) of Section 2 of Article XIIIA of the California Constitution and Section 69.3 of the Revenue and Taxation Code. All claims for transfers of base year value shall be filed with the assessor, on forms prescribed by the State Board of Equalization for this purpose.

(c) In determining the base year valuation of original property located in another county, the base year valuation as determined by the assessor of such other county shall be accepted by the assessor of this county, in connection with the granting of claims for transfers of base year value.

(d) The provisions of this Section shall be applicable to all replacement dwellings which are purchased or newly constructed on or after October 9, 2017.

(e) If a court determines that this Section is unlawful or invalid in that it is applicable to replacement dwellings which are purchased or newly constructed prior to the effective date of this Section, those persons who own replacement dwellings purchased or newly constructed prior to the effective date and have paid a reduced property tax as a result of this Section, shall pay to the County of San Diego for every tax year that they paid said reduced property tax the difference between the amount of property tax they would have paid had they not been allowed to transfer their base value pursuant to this Section, and the amount they actually paid.

(f) If any subsection, subdivision, sentence, clause, phrase, or portion of this Section, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Section or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Section, and each subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional.

(Added by Ord. No. 10538 (N.S.), effective 6-7-18)

Pursuant to subdivision (f) of California Revenue & Taxation Code Section 69, the base year value of property that is substantially damaged or destroyed by the Cedar Fire that commenced in October of 2003, as declared by the Governor, may be transferred to comparable property within this county that is acquired or newly constructed as a replacement for the substantially damaged or destroyed property within seven years after the Cedar Fire.

(Added by Ord. No. 10155 (N.S.), effective 7-28-11)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for fictitious business name statement filings:

(a) FICTITIOUS BUSINESS NAME STATEMENT (ORIGINAL OR RENEWAL): A fee of $54 for filing each fictitious business name statement pursuant to Business and Professions Code section 17929 and Government Code section 54985.

(b) STATEMENT OF WITHDRAWAL FROM PARTNERSHIP: A fee of $48 for each statement of withdrawal from partnership operating under a fictitious business name pursuant to Business and Professions Code section 17929 and Government Code section 54985.

(c) STATEMENT OF ABANDONMENT: A fee of $48 for each statement of abandonment of use of a fictitious business name pursuant to Business and Professions Code section 17929 and Government Code section 54985.

(d) EACH ADDITIONAL FICTITIOUS BUSINESS NAME FILED ON THE SAME STATEMENT: A fee of $5 for each additional fictitious business name filed on the same statement and doing business at the same location pursuant to Business and Professions Code section 17929 and Government Code section 54985.

(e) EACH ADDITIONAL OWNER FILED ON THE SAME STATEMENT: A fee of $5 for each additional owner filed on the same statement and doing business at the same location pursuant to Business and Professions Code section 17929 and Government Code section 54985.

(f) COPY OF FICTITIOUS BUSINESS NAME DOCUMENT PROVIDED BY ELECTRONIC MAIL: A fee of $0.45 for each uncertified copy of a fictitious business name document delivered by electronic mail pursuant to Government Code section 26831.

(Added by Ord. No. 9710 (N.S.), effective 5-12-05; amended by Ord. No. 9862 (N.S.), effective 6-21-07; amended by Ord. No. 9899 (N.S.), effective 1-3-08; amended by Ord. No. 10183 (N.S.), effective 1-5-12; amended by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10723 (N.S.), effective 6-3-21; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for County Clerk marriage services:

(a) MARRIAGE LICENSE: A fee o f$129 for each public marriage license pursuant to Government Code sections 26840 and 54985.

(b) CONFIDENTIAL MARRIAGE LICENSE: A fee of $144 for each confidential marriage license pursuant to Government Code sections 26840.1 and 54985.

(c) CIVIL CEREMONY: A fee of $107 for each civil ceremony performed pursuant to Government Code sections 26861 and 54985.

(d) WITNESS FOR CIVIL CEREMONY: A fee of $58 for each witness provided for a civil ceremony pursuant to the California Constitution, Article 11, Section 7.

(e) DEPUTY MARRIAGE COMMISSIONER APPLICATION: A fee of $115 for each deputy marriage commissioner application pursuant to the California Constitution, Article 11, Section 7.

(f) CONFIDENTIAL MARRIAGE CERTIFICATE AMENDMENT: A fee of $79 for each amendment to a confidential marriage certificate registered by the County Clerk, one year or more after the date of the marriage, pursuant to the California Constitution, Article 11, Section 7.

(g) DUPLICATE MARRIAGE LICENSE: A fee of $79 for each duplicate public or confidential marriage license issued within one year of the date of the marriage that is not registered or recorded pursuant to Family Code sections 360 and 510.

(h) APPLICATION OR RENEWAL OF APPROVAL TO AUTHORIZE CONFIDENTIAL MARRIAGES: A fee of $300 for each application or renewal of approval to authorize confidential marriages pursuant to Family Code section 536.

(i) MARRIAGE PHOTO WITH FRAME: A fee of $10 for each marriage photo with frame purchased pursuant to California Constitution, Article 11, Section 7.

(j) DECORATIVE MARRIAGE KEEPSAKE: A fee of $4 plus the cost of each decorative marriage keepsake purchased in a single transaction from the County Clerk pursuant to California Constitution, Article 11, Section 7.

(k) WEDDING RING: A fee of $8 plus the cost of each wedding ring purchased in a single transaction pursuant to California Constitution, Article 11, Section 7.

(Added by Ord. No. 10183 (N.S.), effective 1-5-12; amended by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for professional registrations and notary public filings:

(a) BOND FILING: A fee of $35 for each bond filing, cancellation, revocation, or withdrawal for professional registrations such as legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers pursuant to Business and Professions Code sections 6405, 22353, and 22455, and Government Code section 54985.

(b) LEGAL DOCUMENT ASSISTANT REGISTRATION: The fee for each legal document assistant registration pursuant to Business and Professions Code section 6404.

(c) PROCESS SERVER REGISTRATION: The fee for each process server registration pursuant to Business and Professions Code section 22352.

(d) PROFESSIONAL PHOTOCOPIER REGISTRATION: The fee for each professional photocopier registration pursuant to Business and Professions Code section 22453.

(e) PROFESSIONAL PHOTOCOPIER REGISTRATION - ACTIVE PROCESS SERVER: The fee for each professional photocopier registration where the person registering is also registered as a process server pursuant to Business and Professions Code section 22453.1.

(f) UNLAWFUL DETAINER ASSISTANT REGISTRATION: The fee for each unlawful detainer assistant registration pursuant to Business and Professions Code section 6404.

(g) PROFESSIONAL REGISTRATION IDENTIFICATION CARD: A fee of $32 for each identification card issued for legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers where the initial or renewal registration fee does not include the cost of the identification card or an additional card beyond the first is requested pursuant to Business and Professions Code sections 6404, 22352, 22453, and 22457, and Government Code section 54985.

(h) PROFESSIONAL REGISTRATION IDENTIFICATION CARD PHOTO: A fee of $11 for each identification card photo issued for legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers where the initial or renewal registration fee does not include the cost of the identification card or an additional card beyond the first is requested pursuant to Business and Professions Code sections 6407, 22355, and 22457, and the California Constitution, Article 11, Section 7.

(i) NOTARY PUBLIC OATH AND BOND FILING: A fee of $64 for each notary oath and bond filing pursuant to Government Code sections 8213, 26849.1, and 54985.

(j) CERTIFICATE TO OFFICIAL CAPACITY OF PUBLIC OFFICIAL (SIGNATURE AUTHENTICATION): A fee of $21 for each certificate to the official capacity of any public official, such as a notary public or public health officer, pursuant to Government Code sections 26852 and 54985.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

The following fees and charges for Fish and Wildlife filings shall be collected by the Assessor/ Recorder/County Clerk:

(a) DOCUMENTARY HANDLING FEE: A $50 documentary handling fee for each environmental document filed with the County Clerk pursuant to Fish and Game Code section 711.4.

(b) ENVIRONMENTAL IMPACT REPORT: A fee set annually by the Department of Fish and Wildlife for filing an environmental impact report pursuant to Fish and Game Code sections 711.4 and 713.

(c) NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION: A fee set annually by the Department of Fish and Wildlife for filing a negative declaration or mitigated negative declaration pursuant to Fish and Game Code sections 711.4 and 713.

(d) SUBSTITUTE ENVIRONMENTAL DOCUMENT: A fee set annually by the Department of Fish and Wildlife for filing an environmental document for a project that is subject to a certified regulatory program pursuant to Fish and Game Code sections 711.4 and 713.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for County Clerk services:

(a) POWER OF ATTORNEY FILING: A fee of $20 for each power of attorney filing for an admitted surety insurer, or a notice of cancellation, revocation, or withdrawal of a power of attorney for an admitted surety insurer pursuant to Government Code sections 26855.1 and 54985.

(b) POWER OF ATTORNEY FILING - EACH ADDITIONAL NAME: A fee for each additional name beyond the first on a power of attorney filed for an admitted surety insurer, or on a notice of cancellation, revocation, or withdrawal of a power of attorney for an admitted surety pursuant to Government Code section 26855.1.

(c) CERTIFICATE OF ADMITTED SURETY INSURER (CERTIFICATE OF AUTHORITY): A fee o f$15 for each certificate regarding an admitted surety insurer pursuant to Code of Civil Procedure section 995.640 and Government Code sections 26855.3 and 54985.

(d) HUMANE OFFICER FILING: A fee of $22 for the filing of each order confirming the appointment of a humane officer pursuant to Corporations Code section 14502 and Government Code section 54985.

(e) DOCKED HORSE REGISTRATION: A fee for each docked horse registration pursuant to Penal Code section 597p.

(f) FOREIGN LANGUAGE TRANSLATION CERTIFICATE: A fee of $21 per document for each translation certificate to certify the translation of a document to English from a language other than English pursuant to Government Code sections 27293 and 54985.

(g) ACKNOWLEDGMENT: A fee of $13 for each signature acknowledged pursuant to Government Code sections 26855 and 54985.

(h) RECORD SEARCH: A fee of $8 for each search of a record or a file pursuant to Government Code sections 26854 and 54985.

(i) DOCUMENT COPY OR SYSTEM GENERATED REPORT UP TO AND INCLUDING 11" x 17" - FIRST PAGE: A fee of $2 for the first page of each copy of any system generated report, record, proceeding, or paper on file with the County Clerk up to 11" x 17" in size pursuant to Business and Professions Code section 17928 and Government Code section 26831.

(j) DOCUMENT COPY OR SYSTEM GENERATED REPORT UP TO AND INCLUDING 11" x 17" - EACH ADDITIONAL PAGE: A fee of $0.05 for each additional page beyond the first page of each copy of any system generated report, record, proceeding, or paper on file with the County Clerk up to 11" x 17" in size pursuant to Business and Professions Code section 17928 and Government Code section 26831.

(k) CERTIFICATION: A fee of $1 for each certification certifying to a copy of any paper, record, or proceeding on file in the office of the County Clerk pursuant to Government Code sections 26833 and 54985.

(l) DOCUMENT COPY OR SYSTEM GENERATED REPORT PROVIDED BY ELECTRONIC MAIL: A fee of $0.45 for each uncertified copy of an electronically available document or system generated report delivered by electronic mail pursuant to Government Code section 26831.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10723 (N.S.), effective 6-3-21; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

Unless otherwise specified, all fees and deposits and time and material rates for the County Clerk shall be calculated and will be charged using the following standard hourly billing rates listed below for the actual costs incurred for services provided including, but not limited to: meetings, preparation of reports, review of reports or documents, and/or research.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

[Figure]Publisher's Note: This Section has been AMENDED by new legislation (Ord. 11017, adopted 9-1-2026). The text of the amendment will be incorporated below when the ordinance is codified.

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for functions performed by the Recorder:

(a) RECORDING - FIRST PAGE (BASE FEE): A fee of $10 for recording the first page of each instrument, paper, or notice pursuant to Government Code section 27361.

(b) MICROGRAPHICS: A fee of $1 for recording the first page of each instrument, paper, or notice pursuant to Government Code section 27361.4(a).

(c) DAYS OF OPERATION: A fee of $1 for recording the first page of each instrument, paper, or notice pursuant to Government Code section 27361.4(b).

(d) INDEXING: A fee of $1 for recording the first page of each instrument, paper, or notice pursuant to Government Code section 27361.4(c).

(e) ELECTRONIC RECORDING: A fee of $1 for recording the first page of each instrument, paper, or notice pursuant to Government Code section 27397(c)(1).

(f) REAL ESTATE FRAUD: A fee of $3 for recording the first page of each real estate instrument pursuant to Government Code section 27388 as enacted in Statutes 2009, Chapter 35 (S.B.174), section 4.

(g) BUILDING HOMES AND JOBS (SB-2 ATKINS): The fee for recording every real estate instrument, paper, or notice pursuant to Government Code section 27388.1.

(h) RECORDING - EACH ADDITIONAL PAGE: The fee for recording each additional page beyond the first page of each instrument, paper, or notice pursuant to Government Code section 27361(a).

(i) GOVERNMENT RELEASE: The fee for recording every release of lien, encumbrance, or notice executed by the state, or any municipality, county, city, district or other political subdivision pursuant to Government Code section 27361.3.

(j) NON-STANDARD PRINTING: The fee per page for recording each page that contains non-standard printing pursuant to Government Code section 27361(a)(1).

(k) NON-STANDARD SIZE PAGE: The fee per page for recording each page or sheet of a document that does not conform to standard dimensions pursuant to Government Code section 27361(a)(2).

(l) ADDITIONAL INDEXING - PRIOR RECORDING REFERENCE: A fee of $1 for each reference in a document to a previously recorded document, other than the first such reference, requiring additional indexing pursuant to Government Code section 27361.2.

(m) ADDITIONAL INDEXING - MORE THAN TEN NAMES: A fee of $7 for indexing each group of 10 names or fractional portion thereof after the initial group of 10 names pursuant to Government Code sections 27361.8 and 54985.

(n) MONUMENT PRESERVATION: A fee of $10 for each non-exempt grant deed recorded pursuant to Government Code section 27585.

(o) NOTIFICATION OF INVOLUNTARY LIEN - FIRST NOTICE: A fee of $13 for the first notification of involuntary lien provided for each recorded involuntary lien pursuant to Government Code section 27387.

(p) NOTIFICATION OF INVOLUNTARY LIEN - EACH ADDITIONAL NOTICE: A fee of $6 for each additional notification of involuntary lien provided beyond the first for a recorded involuntary lien pursuant to Government Code section 27387.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10845 (N.S.), effective 6-22-23)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for Recorder map services:

(a) MAP FILING - FIRST PAGE: A fee of $50 for filing the first page of each map pursuant to Government Code sections 27372 and 54985.

(b) MAP FILING - EACH ADDITIONAL PAGE: A fee of $10 for filing each additional page beyond the first page of each map filed pursuant to Government Code sections 27372 and 54985.

(c) MAP COPY - FIRST PAGE (SIZES EXCEEDING 11" x 17"): A fee of $13 for each copy of the first page of a map exceeding the size of 11" x 17" pursuant to Government Code section 27366.

(d) MAP COPY - EACH ADDITIONAL PAGE (SIZES EXCEEDING 11" x 17"): A fee of $0.50 for each additional page beyond the first page of each copy of a map pursuant to Government Code section 27366.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10845 (N.S.), effective 6-22-23)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for vital records:

(a) BIRTH CERTIFICATE - GENERAL PUBLIC: A fee pursuant to Health and Safety Code sections 103625, 100425, 103525.5, and 103650, and Welfare and Institutions Code section 18966 for each certified copy of a birth record to the general public.

(b) BIRTH CERTIFICATE - GOVERNMENT AGENCY: A fee pursuant to Health and Safety Code sections 103625, 100425, 103525.5, and 103650 for each certified copy of a birth record to a government agency.

(c) DEATH CERTIFICATE: A fee pursuant to Health and Safety Code sections 103625, 100425, 103525.5, and 103650, and Penal Code section 14251 for each certified copy of a death record.

(d) FETAL DEATH CERTIFICATE: A fee pursuant to Health and Safety Code sections 103625, 100425, and 103650 for each certified copy of a fetal death record.

(e) MARRIAGE CERTIFICATE - GENERAL PUBLIC: A fee pursuant to Health and Safety Code sections 103625, 100425, 103525.5, and 103650, and Family Code sections 509 and 1852 for each certified copy of a marriage record to the general public.

(f) MARRIAGE CERTIFICATE - GOVERNMENT AGENCY: A fee pursuant to Health and Safety Code sections 103625, 100425, 103525.5, and 103650 for each certified copy of a marriage record to a government agency.

(g) COUNTY CHILDREN'S TRUST FUND: A fee of $3 for a certified copy of a birth certificate pursuant to Health and Safety Code section 103625(b)(2) and Welfare and Institutions Code section 18966.

(h) DECORATIVE CERTIFICATE KEEPSAKE: A fee of $5.20 plus the cost of each birth or marriage certificate keepsake purchased in a single transaction from the Recorder pursuant to California Constitution, Article 11, Section 7.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10824 (N.S.), effective 2-9-23; amended by Ord. No. 10845 (N.S.), effective 6-22-23)

The following fees and charges shall be collected by the Assessor/Recorder/County Clerk for miscellaneous Recorder services:

(a) PRELIMINARY CHANGE OF OWNERSHIP REPORT: The fee if a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a completed preliminary change in ownership report pursuant to Revenue and Taxation Code section 480.3.

(b) PRELIMINARY NOTICE: A fee of $23 for each preliminary notice filed pursuant to Government Code section 27361.9.

(c) IMAGE DISTRIBUTION SERVICE SUBSCRIPTION FOR IMAGED COPIES OF ALL RECORDED DOCUMENTS - ACCOUNT SETUP: A fee of $150 plus any third-party vendor costs for the setup of a subscription account for daily imaged copies of all recorded documents that are distributed electronically pursuant to Government Code section 27366 and California Constitution, Article 11, Section 7.

(d) IMAGE DISTRIBUTION SERVICE SUBSCRIPTION FOR IMAGED COPIES OF ALL RECORDED DOCUMENTS - ELECTRONIC DISTRIBUTION: A fee of $0.125 per image equally divided by the number of subscribers for each subscription for daily imaged copies of all recorded documents that are distributed electronically pursuant to Government Code section 27366 and California Constitution, Article 11, Section 7.

(e) IMAGE DISTRIBUTION SERVICE SUBSCRIPTION FOR IMAGED COPIES OF RECORDED MAPS: A fee of $0.32 per image for a subscription of daily imaged copies of recorded maps that are distributed electronically pursuant to Government Code section 27366 and California Constitution, Article 11, Section 7.

(f) OATH OR AFFIRMATION: The fee to administer and certify each oath or affirmation pursuant to Government Code section 27379.

(g) FILING: A fee of $12 for filing, indexing, and keeping each paper not required by law to be recorded pursuant to Government Code sections 27380 and 54985.

(h) ACKNOWLEDGMENT: A fee of $13 to take an acknowledgment for each signature acknowledged pursuant to Government Code sections 27375 and 54985.

(i) RECORD SEARCH: A fee of $8 for each search for a document on file with the Recorder pursuant to Commercial Code section 9525, Code of Civil Procedure section 2103, and Government Code section 54985.

(j) DOCUMENT COPY OR SYSTEM GENERATED REPORT UP TO AND INCLUDING 11" x 17" - FIRST PAGE: A fee of $2 for the first page of each copy of any system generated report, record, proceeding, or paper on file with the Recorder up to 11" x 17" in size pursuant to Government Code sections 27366.

(k) DOCUMENT COPY OR SYSTEM GENERATED REPORT UP TO AND INCLUDING 11" x 17" - EACH ADDITIONAL PAGE: A fee of $0.05 for each additional page beyond the first page of each copy of any system generated report, record, proceeding, or paper on file with the Recorder up to 11" x 17" in size pursuant to Government Code section 27366.

(l) CERTIFICATION: A fee of $1 for each certification certifying to a copy of any paper, record, or proceeding on file in the office of the Recorder pursuant to Government Code section 27364.

(m) DOCUMENT COPY OR SYSTEM GENERATED REPORT PROVIDED BY ELECTRONIC MAIL: A fee of $0.45 for each uncertified copy of an electronically available non-vital record document or system generated report delivered by electronic mail pursuant to Government Code section 27366.

(n) CUSTOM IMAGE DISTRIBUTION OF IMAGED COPIES OF RECORDED DOCUMENTS: A fee in the amount of the actual direct and indirect costs incurred for custom requests of uncertified imaged copies of non-vital record recorded documents not obtained through the self-service e-commerce system to include, but not limited to, the standard hourly labor time and materials rates, as provided in Section 86.11 of this Code, to search, compile, sort, and redact the images, the cost of materials and media, and any third-party vendor costs pursuant to Government Code section 27366 and California Constitution, Article 11, Section 7.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10723 (N.S.), effective 6-3-21; amended by Ord. No. 10845 (N.S.), effective 6-22-23; amended by Ord. No. 10901 (N.S.), effective 6-20-24, operative July 1, 2024)

Unless otherwise specified, all fees and deposits and time and material rates for the Recorder shall be calculated and will be charged using the following standard hourly billing rates below for the actual costs incurred for services provided including, but not limited to: meetings, preparation of reports, review of reports or documents, and/or research.

(Added by Ord. No. 10634 (N.S.), effective 12-19-19; amended by Ord. No. 10824 (N.S.), effective 2-9-23)

(a) The Assessor Clerk is authorized to exclude eligible mobile home accessories from assessment as described in Sections 75.55 and 155.20 of the California Revenue & Taxation Code.

(b) The provisions of this section shall be applicable to mobile home accessories with a base year value of $5,000 or less that are installed on or added to mobile homes purchased prior to July 1, 1980, and subject to vehicle license fees; and, when the cost of assessment, collection and public contact exceeds the property tax revenue generated.

(Added by Ord. No. 1766 (N.S.), adopted 4-29-58; and repealed by Ord. No. 7308 (N.S.), effective 7-2-87; added by Ord. No. 8062 (N.S.), effective 6-4-92; amended by Ord. No. 8673 (N.S.), effective 5-23-96)

State law reference(s) -- Exemption from mobilehome assessments, Revenue & Taxation Code, §§ 75.55, 155.20.

(a) Pursuant to Revenue and Taxation Code Section 155.20, all personal property, mining claims, and possessory interests with a full value of $5,000 or less shall be exempt from property tax.

(b) Pursuant to Revenue and Taxation Code Section 155.20, all mobilehome accessories of $5,000 or less that are installed on mobilehomes subject to vehicle license fees and purchased prior to July 1, 1980 shall be exempt from property tax.

(c) The exemptions provided for in these sections are based upon the Board of Supervisors‘ determination that all personal property, mining claims, and possessory interests with a full value of $5,000 or less; and, mobilehome accessories with a full value of $5,000 or less that are installed on mobilehomes subject to vehicle license fees and purchased prior to July 1, 1980 are so low that, if not exempt, the total taxes, special assessments and applicable subventions on the property would amount to less than the cost of assessing and collecting said taxes, assessments and subventions.

(Added by Ord. No. 7731 (N.S.), effective 4-5-90; amended by Ord. No. 7899 (N.S.), effective 5-30-91; amended by Ord. No. 8411 (N.S.), effective 7-7-94; amended by Ord. No. 8615 (N.S.), effective 1-4-96)

State law reference(s) -- Exemptions, Revenue & Taxation Code, § 155.20.

The Assessor Clerk may allocate space in the Recorder Clerk’s Office to any title company, escrow company, abstract company or other corporation firm or individual whose legitimate business activities require frequent access to the official records of the County. Such space shall be allocated by written permit issued upon the filing of a written application which shall specify:

(1) The name of the applicant.

(2) The nature of the applicant‘s business.

(3) The amount of space requested.

(4) The number of employees to use such space and the hours per day and week during which such employees will be present.

(5) The furnishings, including desks, telephones, typewriters and photographic equipment, proposed to be installed.

Any refusal by the Assessor Clerk to grant such permit may be reviewed by the Board of Supervisors. The Assessor Clerk may on ten days written notice revoke any permit which revocation may be reviewed by the Board of Supervisors.

(Added by Ord. No. 8673 (N.S.), effective 5-23-96)

It shall be unlawful for any person to engage in the private practice of law or to act as a notary public in the office of the Assessor Clerk, provided that this section shall not be construed to prevent any attorney or notary public from consulting the official records.

It shall be unlawful for any permittee under Section 425 [Section 88.1) or employee of such permittee to transact business with or consult with clients or with the public in the office of the Assessor Clerk.

(Added by Ord. No. 8673 (N.S.), effective 5-23-96)

Every employee of any person, firm or corporation holding and using a permit granted under Section 425 [Section 88.1] hereof shall wear at all times while present in the office of the Assessor Clerk a badge clearly and legibly identifying the name of the permittee employing such person.

(Added by Ord. No. 8673 (N.S.), effective 5-23-96)

The Assessor Clerk shall have the authority to make and publicly post rules and regulations respecting the use of the office of the Assessor Clerk by the public and by persons, firms and corporations holding permits under Section 425 [Section 88.1] hereof. Such rules and regulations shall be filed with the Board of Supervisors and shall be effective when approved by resolution of the Board.

(Added by Ord. No. 8673 (N.S.), effective 5-23-96)

(a) All notices of non-renewal for land conservation contracts served pursuant to the Williamson Act (Gov. Code, p 51200 et. seq) shall be recorded with the Recorder Clerk of the County of San Diego as specified herein.

(b) Government Code Section 51245 requires written notices of non-renewal to be served by property owners on the County at least ninety (90) days prior to the renewal date specified in the land conservation contract in order for the notice to effectively prevent automatic renewal of the contract on the renewal date; written notices of non-renewal served by the County on property owners must be served at least sixty (60) days prior to the renewal date specified in the contract in order for the notice to effectively prevent automatic renewal of the contract on the renewal date.

(c) Following service of notices of non-renewal pursuant to Government Code Section 51245, a Certificate of Service of Notice of Non-Renewal,” in a form prepared by the County, shall be recorded with the Recorder Clerk. Such certificate shall indicate the date the notice of non-renewal was served pursuant to Government Code Section 51245, and shall contain an acknowledgement of receipt thereof by the party served.

(Added by Ord. No. 8673 (N.S.), effective 5-23-96)

Upon the application of an owner or the agent of an owner of any qualified historical property, the Board of Supervisors may contract with the owner to restrict the use of the property for its preservation, restoration and rehabilitation as set forth in Section 88.7 to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 88.8 and 88.12.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

"Qualified historical property," for purposes of this chapter, means privately owned property which is not exempt from property taxation and which meets either of the following:

(a) The property is listed in the National Register of Historic Places or located in a registered historic district, as defined in Title 26 of the Code of Federal Regulations.

(b) The property is listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

Any contract entered into under this article shall contain the following provisions:

(a) The term of the contract shall be for a minimum period of 10 years.

(b) Where applicable, the contract shall provide the following:

(1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code.

(2) For the periodic examinations of the interior and exterior of the premises by the assessor, the Department of Planning & Development Services, the Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner's compliance with the contract.

(3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract.

(c) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 10223 (N.S.), effective 10-25-12)

Applications to San Diego County shall be initially evaluated and reviewed by the San Diego County Historic Site Board. The Historic Site Board shall hold a public hearing on every application for a Historic Preservation Contract. The public hearing shall be scheduled for a date not less than 10 days but not more than 90 days from the date the application is filed. After the hearing, the Historic Site Board shall recommend to the Director of Planning and Development Services that the application be denied, granted in whole or in part, or modified subject to such conditions as it deems appropriate. The Director of Planning and Development Services shall enter into historical property contracts if all of the conditions of this Ordinance are met. The Director of Planning and Development Services shall be responsible for assuring performance of the Historical Preservation Contracts including contract administration, extension, cancellation, and enforcement.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 10223 (N.S.), effective 10-25-12)

The decision of the Director of Planning and Development Services may be appealed to the Board of Supervisors within ten days. Hearings before the Board of Supervisors shall be scheduled by the Clerk of the Board of Supervisors for a date not less than 10 days but not more than 90 days from the date the appeal is filed.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 10223 (N.S.), effective 10-25-12)

An application for an Historic Preservation Contract shall be accompanied by an application and processing fee in the amount identified in Section 362.1 of this Code.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02; amended by Ord. No. 9628 (N.S.), effective 3-26-04)

(a) Each contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. If the property owner or the County desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the County at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract.

(b) Upon receipt by the owner of a notice from the County of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The County may, at any time prior to the renewal date, withdraw the notice of nonrenewal.

(c) If the County or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be.

(d) The owner shall furnish the County with any information the County shall require in order to enable it to determine the eligibility of the property involved.

(e) No later than 20 days after the County enters into a contract with an owner pursuant to this article, the Clerk of the Board of Supervisors shall record with the County Recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

The County may cancel a contract if it determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The County may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

No contract shall be canceled under Section 88.13 until after the County has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of the qualified historic property and shall be published pursuant to California Government Code Sections 6060 and 6061.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

(a) If a contract is canceled under Section 88.13 the owner shall pay a cancellation fee equal to 12 1/2 percent of the current fair market value of the property, as determined by the Assessor as though the property were free of the contractual restriction. (Gov. Code, § 50286.)

(b) The cancellation fee shall be paid to the Auditor, at the time and in the manner that the county auditor shall prescribe, and shall be allocated by the county auditor to each jurisdiction in the tax rate area in which the property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year.

(c) Notwithstanding any other provision of law, revenue received by a school district pursuant to this section shall be considered property tax revenue for the purposes of Section 42238 of the Education Code, and revenue received by a county superintendent of schools pursuant to this section shall be considered property tax revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

As an alternative to cancellation of the contract for breach of any condition, the county or any landowner may bring any action in court necessary to enforce a contract including, but not limited to, an action to enforce the contract by specific performance or injunction.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

In the event that property subject to contract under this article is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Board of Supervisors to frustrate the purpose of the contract, such contract shall be canceled and no fee shall be imposed under Section 88.15. Such contract shall be deemed null and void for all purposes of determining the value of the property so acquired.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

In the event that property restricted by a contract with San Diego County under this article is annexed to a city, the city shall succeed to all rights, duties, and powers of the county under such contract.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

The Board of Supervisors and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts.

(Added by Ord. No. 9425 (N.S.), effective 2-15-02)

(a) Intent and purpose. The provisions of this chapter shall be known as the Urban Agriculture Incentive Zones (UAIZ) Ordinance. The purpose of the San Diego County UAIZ Program (UAIZ Program) is to implement the Urban Agriculture Incentive Zones Act (Act) pursuant to Section 51040 et. seq. of the California Government Code. UAIZ is intended to promote small-scale urban agriculture by providing a financial incentive for property owners of unimproved, underutilized, and vacant properties in census designated urban areas to use their properties for agricultural uses. The owners of eligible properties may enter into a voluntary contract with the County to restrict the property use to agriculture for a period of no less than five years, in exchange for reduced property tax assessments (UAIZ contract). All terms not defined herein shall have the meaning set forth in the Act.

(b) UAIZ establishment area. The County's UAIZ Establishment Area shall include all urban areas, as defined by the UAIZ Act, within the unincorporated County, except for the following two types of property: (1) property that is currently subject to, or has been subject to within the previous three years, a Williamson Act Contract (current Government Code section 51200 et seq.); or (2) property in the unincorporated County, within the sphere of influence of a city, unless the legislative body of the city consents to inclusion of the property within the County UAIZ Establishment Area.

(c) Criteria for UAIZ eligibility. To be eligible for the UAIZ Program, the property or combination of contiguous properties (property) shall comply with all the following requirements:

(1) The property is located within the UAIZ Establishment Area as defined in Section (b) of the UAIZ Ordinance.

(2) The property is not less than one-tenth (0.1) acres, but not more than three (3) acres in area.

(3) The property is vacant, unimproved, or containing only non-residential structures that are or will be accessory to agricultural uses, as defined by the Act.

(4) The entire property is or will be fully dedicated to agricultural uses, as defined by the Act, for a minimum of five (5) years.

(d) UAIZ contract requirements. Every UAIZ contract shall contain the following information:

(1) A statement noting that the property shall comply with all provisions of the Act;

(2) A statement that the UAIZ contract does not expand the allowable uses of any property under the County's existing land use and zoning regulations and proposed agricultural uses must be uses allowed by law and allowed in the underlying zoning;

(3) Include conformance provisions pursuant to Section (j) of the UAIZ Ordinance;

(4) Include a provision that if the landowner or the County cancels a contract, the County will assess a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract, unless the County determines that the cancellation was caused by extenuating circumstances despite good faith of the landowner; and

(5) Identify cancellation procedures pursuant to Section (k) of the UAIZ Ordinance.

(e) Maximum annual fiscal impact and tax reduction. The maximum annual fiscal impact and tax reduction shall not exceed a total of two-hundred and fifty thousand dollars ($250,000) for all properties under contract in the UAIZ Program. If the annual maximum fiscal impact is reached, no new UAIZ Contracts will be issued for that year.

(f) Application for UAIZ contract.

(1) A landowner requesting a UAIZ contract and reduced assessment shall file an application for a contract on a form prepared by the County.

(2) Applications for UAIZ contracts shall be accompanied with the following information:

(a) Description and drawing of proposed agricultural use activities, major site features, and utilities;

(b) Photographs of the property demonstrating that the property is currently vacant and unimproved and contains no dwelling units to the satisfaction of the PDS;

(c) Other information as required by PDS; and

(d) A fee (if any) as prescribed in a resolution or fee schedule adopted by the Board of Supervisors.

(g) Review and approval of UAIZ contract application.

(1) PDS shall review UAIZ applications.

(2) PDS may approve the UAIZ application upon a determination of compliance with the provisions of the Act and the Ordinance.

(3) An approved application for the UAIZ Program will be finalized by the execution of a notarized contract signed by the Director and the applicant.

(4) The County shall not enter into a new contract or renew an existing contract after January 1, 2029, unless the Act is amended to permit new contracts after that date.

(h) Recordation of UAIZ contracts.

(1) The executed contract shall be recorded by the property owner with the County Recorder/County Clerk within fourteen (14) days.

(2) The property owner shall provide copies of the recorded contract to the County Assessor and PDS.

(i) Assessment and reassessment. Upon contract recordation, the property shall be assessed pursuant to Section 422.7 of the Revenue and Taxation Code during the term of the contract.

(j) Conformance with UAIZ contract terms.

(1) Within ninety (90) days of contract execution and every anniversary thereafter, the property owner shall provide evidence to verify the property's conformance with terms of the contract to the satisfaction of the PDS.

(2) PDS may conduct a site inspection to verify the property's conformance with the terms of the contract at any time during the contract period upon reasonable prior notice.

(3) In the event that a property is found to be in violation of the contract, PDS shall issue a warning to include a deadline for corrective actions and compliance; a description of the violation; and what must be done to resolve the violation.

(4) Should the property fail to comply with the corrective actions within the time period set forth by PDS, PDS shall issue an Administrative Citation as formal notice of violation and notice of intent to cancel the contract.

(a) The property owner may file a written appeal to the Director of PDS within fourteen (14) days after issuance of an Administrative Citation.

(i) If a timely appeal is filed, the Director shall hear the appeal within forty-five (45) days of its filing.

(ii) A timely appeal will stay any further action until the hearing is concluded. The Clerk of the Board will set the hearing, assign the appeal to a hearing officer and provide at least 10 days notice to the parties in writing of the date and location of the hearing.

(iii) If no appeal is filed, the cancellation shall become final fifteen (15) days after notification of intent to cancel the contract.

(iv) If an appeal is filed and the cancellation upheld, the cancellation shall become final on the date of the hearing.

(k) UAIZ contract cancellation.

(1) A property owner may cancel the contract at any time prior to the expiration of the contract by submitting a written notice to the Director.

(2) The County may cancel the contract prior to the expiration of the contract if the terms of the contract are not met, pursuant to Section (j)(3) of this UAIZ Ordinance.

(3) Upon contract cancellation, the property owner shall pay the Tax Collector a cancellation fee equal to the cumulative value of the tax benefit received during the duration of the contract. The Director may waive the cancellation fee if a determination is made that the cancellation was caused by extenuating circumstances despite the good faith effort by the property owner.

(4) Upon contract cancellation, the Director shall provide a cancellation notice via certified mail to the property owner and record the document with the County Recorder/County Clerk and file a copy with the County Assessor.

(5) Upon contract cancellation, the property shall be reassessed at its appropriate non-agricultural value.

(Added by Ord. No. 10662 (N.S.), effective 4-10-20)