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(a) In addition to all other fees authorized by law for the recording, filing or indexing of instruments, papers or notices, the Recorder is hereby authorized to charge a fee of $15 for the filing of a preliminary 20-day notice pursuant to Section 3097, Subdivision (o), Paragraph (1) of the California Civil Code.
(b) The additional $15 fees that are collected by the Recorder pursuant to Subsection (a) of this Section 8.24-3 are to be used exclusively to defray the cost of implementing and maintaining a system to facilitate compliance with Section 3097, Subdivision (o), Paragraph (2) of the California Civil Code, which requires the mailing of certain notices to persons filing preliminary 20-day notices.
(Added by Ord. 316-88, App. 7/17/88)
(a) In addition to all other fees authorized by law for the recording, filing, or indexing of instruments, papers or notices for record, pursuant to Subdivisions (b) and (c) of Section 27361.4 of the California Government Code, the Recorder is hereby authorized to charge the following additional fees:
(i) A fee of $1 for the filing of every instrument, paper, or notice for record, provided, however, that the Recorder's Office shall be open every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the California Code of Civil Procedure;
(ii) A fee of $1 for the filing of every instrument, paper, or notice for record, provided, however, that every instrument, paper or notice charged with the additional fee hereby imposed shall be indexed within two business days after the date of recordation.
(b) There is hereby established in the treasury of the City and County of San Francisco a special fund to be known as the Recorder's Access and Indexing Fund into which shall be deposited all the additional fees collected pursuant to Subsection (a) of this Section. The monies in this fund shall be appropriated solely to defray the costs of maintaining Recorder's office open to the public every business day (with the exception of legal holidays and judicial holidays) and to defray the costs of indexing every instrument, paper, or notice for record within two business days after the date of recordation. Expenditures from the fund shall be in accordance with the budget and fiscal provisions of the Charter. Any balance remaining in the fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose within the meaning of Section 6.306 of the Charter and shall be carried forward and accumulated in said fund for the purposes recited above.
(Added by Ord. 420-93, App. 12/29/93)
(a) Establishment of Fee. Pursuant to Section 27388 of the California Government Code, there is hereby established a fee of $3.00 that shall be paid to the Recorder at the time of recording every real estate instrument, paper, or notice required or permitted by law. This fee may be adjusted by the Controller, upon notice from the District Attorney, that the allowable recordation fee has been increased. Such fee shall be collected, administered, and expended in accordance with Section 27388 of the California Government Code. Money collected pursuant to this Section shall be used to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes and other purposes hereafter authorized by State law.
(b) Real Estate Fraud Prosecution Trust Fund Committee. There is hereby established a Real Estate Fraud Prosecution Trust Fund Committee ("Committee") composed of the District Attorney, City Administrator, and City Attorney, each of whom may appoint an appropriate representative to serve on the committee. The Committee shall review applications and make determinations by majority vote as to the award of funds using the procedures and criteria required by Section 27388 of the California Government Code.
(c) Annual Review. The Board of Supervisors shall annually review the effectiveness of the District Attorney in deterring, investigating, and prosecuting real estate fraud crimes based upon information provided by the District Attorney in an annual report submitted to the Board of Supervisors in accordance with Section 27388(d) of the Government Code.
(d) Administration of Funds. Pursuant to Section 27388(g) of the Government Code, no money collected pursuant to this Section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents.
(e) Monies in this fund, including all interest earned, shall be deemed provided for specific purposes, as stated in this ordinance, and shall be carried forward at the end of each fiscal year, consistent with the provisions of the City Charter.
(Added by Ord. 413-97, App. 10/31/97; amended by Ord. 70-10, File No. 100045, App. 4/8/2010)
(a) Pursuant to California Government Code Sections 27584 and 27585, the Assessor-Recorder of the City and County of San Francisco is hereby authorized to collect a ten dollar ($10.00) user fee over and above any other fees required by law at the time of recording any grant deed subject to a documentary transfer tax for the conveyance of real property within the City and County of San Francisco.
(b) Grant deeds subject to the user fee shall include but not be limited to the following: parcels or lots created by Records of Survey; parcels or lots created by Official Maps; parcels or lots created by government surveys; and, parcels, lots, condominium units, or easements created by metes and bounds, exception, portion, or acreage descriptions, except those metes and bounds descriptions describing an entire lot or lots created by a recorded Parcel Map or Final Map. Grant deeds excluded from payment of the fee shall include the following: trust deeds; deeds conveying easements of oil or mineral rights only; deeds to or from government entities or agencies or officers thereof acting in their official capacities; deeds recorded or recorded solely for the purpose of correcting an error in a previously recorded document; and, deeds which describe the property conveyed as an entire lot or lots created by a recorded Parcel Map or Final Map.
(Added by Ord. 258-05, File No. 051461, App. 11/17/2005)
(a) Pursuant to Government Code section 27301, the Assessor-Recorder of the City and County of San Francisco is hereby authorized to collect an additional recording fee of one dollar ($1.00) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded to be used solely for the implementation and ongoing operation of a Social Security Number Truncation Program.
(b) The fee authorized pursuant to this resolution shall discontinue after December 31, 2017 unless reauthorized by the Board of Supervisors;
(c) The Controller of the City and County of San Francisco shall conduct two reviews to verify that the funds generated by this fee are used only for the purpose of the Social Security Number Truncation Program within the timeframes provided under Section 27361(d)(4).
(Added by Ord. 163-08, File No. 080708, App. 7/30/2008)
Notwithstanding the provisions of any other ordinance or resolution relating to the copying and retention of records under its control, the Police Commission of the City and County of San Francisco is empowered to destroy criminal history records maintained or in the possession of the San Francisco Police Department in accordance with the current schedule of destruction of criminal history records of the Office of the Attorney General of the State of California.
If there be no current schedule of destruction of criminal history records of the Attorney General, the Police Commission may establish such a schedule which in its good judgment will not adversely affect law enforcement.
The Police Commission shall have full authority to adopt such rules, regulations and procedures as it deems necessary and properly relating to the destruction of criminal history records.
(Added by Ord. 63-75, App. 2/26/75)
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