PART 3. OTHER OFFICERS
Part 3 added by Stats. 1947, Ch. 424.
§§ 26500–27773 · 532 sections
CHAPTER 1. District Attorney §§ 26500–26543 · 27 sections
ARTICLE 1. Duties as Public Prosecutor §§ 26500–26509 · 11 sections
- § 26500 The district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her…
- § 26500.5 The district attorney may sponsor, supervise, or participate in any project or program to improve the administration of justice.
- § 26501 The district attorney shall institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when he…
- § 26502 The district attorney shall draw all indictments and informations.
- § 26503 The district attorney shall deliver receipts for money or property received in his official capacity and file duplicates with the county treasurer.
- § 26504 On the first Monday of each month, or at more frequent intervals as may be directed by the board of supervisors, the district attorney shall account for all…
- § 26505 If the district attorney refuses or neglects to so account for and pay over money received by him, he is liable for such refusal or neglect upon his official…
- § 26506 Notwithstanding any other provision of law, the proceeds of civil penalties or other monetary awards recovered in any civil action brought jointly in the name…
- § 26507 A district attorney, city attorney, or any combination thereof, may, in agreement with other district attorneys or city attorneys, act jointly in prosecuting a…
- § 26508 A district attorney, with the concurrence of the district attorney of another county and the boards of supervisors of both affected counties, may provide to…
- § 26509 (a) Notwithstanding any other provision of law, including any provision making records confidential, and including Title 1.8 (commencing with Section 1798) of…
ARTICLE 2. Other Duties §§ 26520–26530 · 12 sections
- § 26520 The district attorney shall render legal services to the county without fee and may render legal services to school districts and to other local public…
- § 26520.5 The district attorney or county counsel may, with the approval of the county board of supervisors, provide legal services to an association or nonprofit…
- § 26521 The district attorney shall defend all suits brought against the state in his or her county or against his or her county wherever brought, and prosecute all…
- § 26522 Upon request of any board of education, board of school trustees, or high school board, the district attorney may prepare all the legal papers and forms…
- § 26523 Upon request of the auditor or treasurer, the district attorney shall defend or prosecute any action brought by or against the auditor or treasurer for the…
- § 26525 If the board of supervisors without authority of law orders any amount paid as salary, fees, or for any other purposes and the money is actually paid, or if…
- § 26526 The county counsel, or if none the district attorney, is the legal adviser of the board of supervisors. The county counsel or if none, the district attorney,…
- § 26527 The district attorney except for his own services shall not present any claim, account, or demand for allowance against the county nor in any way advocate the…
- § 26528 The district attorney may, and when directed by the board of supervisors shall, bring a civil action in the name of the people of the State of California to…
- § 26528.5 The board of supervisors of any county may authorize the county counsel in lieu of the district attorney to file the petition to remove or destroy neglected or…
- § 26529 (a) In counties that have a county counsel, the county counsel shall discharge all the duties vested in the district attorney by Sections 26520, 26522, 26523,…
- § 26530 Unless otherwise designated by the board of supervisors pursuant to Section 5114 of the Welfare and Institutions Code, the district attorney shall represent…
ARTICLE 3. Restrictions §§ 26540–26543 · 4 sections
- § 26540 A district attorney shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county.
- § 26541 A district attorney shall not during his incumbency defend or assist in the defense of, or act as counsel for, any defendant in any eminent domain action or…
- § 26542 If the office of district attorney is vacant the duties of the office may be temporarily discharged by a chief deputy district attorney, assistant or deputy…
- § 26543 A district attorney or county counsel shall not during his incumbency act as counsel for any private plaintiff in any action or proceeding in which a city,…
CHAPTER 2. Sheriff §§ 26600–26778 · 98 sections
ARTICLE 1. Duties §§ 26600–26616 · 26 sections
- § 26600 The sheriff shall preserve peace, and to accomplish this object may sponsor, supervise, or participate in any project of crime prevention, rehabilitation of…
- § 26601 The sheriff shall arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.
- § 26602 The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections that come to his or her knowledge, and investigate public…
- § 26604 The sheriff shall command the aid of as many inhabitants of the sheriff’s county as he or she thinks necessary in the execution of his or her duties.
- § 26605 Notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive…
- § 26605.1 Notwithstanding any other provision of law, no deputy sheriff shall be required to become a custodial or other officer involuntarily.
- § 26605.5 (a) The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to…
- § 26605.6 (a) The sheriff, or his or her designee, has the authority, after conferring with a physician who has oversight for providing medical care at a county jail, or…
- § 26605.7 (a) The sheriff, or his or her designee, after conferring with the physician who has oversight for providing medical care, or the physician’s designee, may…
- § 26605.8 Before implementing Sections 26605.6 and 26605.7, the county board of supervisors shall adopt a process to fund the nonfederal share of Medi-Cal costs for the…
- § 26607 The sheriff shall endorse upon all process and notices the year, month, day, hour, and minute of reception and on payment of fees issue to the person…
- § 26608 The sheriff shall serve all process and notices in the manner prescribed by law.
- § 26608.1 The sheriff, when serving any process or notice, shall, if the instructions to the sheriff include a request for a certificate as prescribed by the Soldiers…
- § 26608.2 Whenever a county or city and county owns land in another county, it may request the sheriff of that county to deputize its officers or employees as deputy…
- § 26608.3 (a) In Shasta County, the board of supervisors by ordinance or resolution may transfer from the sheriff to the marshal of the Shasta County Superior Court the…
- § 26609 The sheriff shall certify upon process or notices the manner and time of service, or if he fails to make service, the reason of his failure, and return the…
- § 26610 The sheriff of any county which maintains a jail in another county has the same control and supervision of the property, personnel, and inmates that he would…
- § 26611 The sheriff in attendance upon court shall act as the crier thereof. He shall call the parties and witnesses and all other persons bound to appear at the court…
- § 26612 The sheriff may supply ambulance service within the county to any person if all of the following conditions exist: (a) The person has been rendered so…
- § 26613 Notwithstanding the provisions of Section 29601 the board of supervisors in a county having a population in excess of 3,000,000 may authorize the sheriff to…
- § 26614 The board of supervisors of a county may authorize the sheriff to search for and rescue persons who are lost or are in danger of their lives within or in the…
- § 26614.5 The county or city and county of residence of a person searched for or rescued by the sheriff under the authority of Section 26614 shall pay to the county or…
- § 26614.6 (a) Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, whenever a county or city and county is billed…
- § 26614.7 (a) Notwithstanding Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of Title 5, when a person 16 years of age or older is a…
- § 26615 The sheriff shall maintain, or cause to be maintained, a directory of specially trained dogs or dog teams with proven ability in search and rescue operations…
- § 26616 Upon the application of a licensee under the Private Investigator and Adjuster Act (commencing with Section 7500 of the Business and Professions Code), the…
ARTICLE 1.1. Sheriff as Ex Officio Director of Emergency Services §§ 26620–26624 · 5 sections
- § 26620 The office of county director of emergency services shall be held ex officio by the county sheriff.
- § 26621 The county director of emergency services shall have the duties prescribed by state law and executive order, the California Disaster and Civil Defense Master…
- § 26622 The provisions of this article shall become operative in any county only upon their adoption by a resolution passed by unanimous vote of the board of…
- § 26623 In the event the board of supervisors elects to require that the sheriff perform the additional services authorized by this article it shall have the authority…
- § 26624 In the event the board of supervisors elects to make the provisions of this chapter operative, it may provide for the payment to the county director of…
ARTICLE 1.2. Court Security in Contra Costa County §§ 26625.2–26625.9 · 6 sections
- § 26625.2 There is a court security bureau within the Contra Costa County Sheriff’s Department to serve the superior court. The relationship between the sheriff’s…
- § 26625.3 There is a Court Security Oversight Committee consisting of five superior court judges appointed by the presiding judge. The duties of the committee shall be…
- § 26625.4 (a) The sheriff shall be the appointing authority for all court security bureau positions and employees. (b) The selection, appointment, and removal of…
- § 26625.6 Notwithstanding any other provision of this article, the sheriff through the court security bureau commander shall make all transfers within the court security…
- § 26625.7 An employee of the sheriff’s office who desires to transfer into the office of court services shall make application through the appropriate division to the…
- § 26625.9 All sworn permanent employees assigned to the court security bureau shall be required to meet those requirements of the California Commission on Peace Officer…
ARTICLE 1.8. Court Security in Los Angeles County § 26639.2 · 1 section
- § 26639.2 The courtroom assignment of bailiffs in the Los Angeles County Superior Court shall be determined by the presiding judge and the bailiff’s management…
ARTICLE 2. Prisoners’ Property §§ 26640–26646 · 7 sections
- § 26640 The sheriff shall take charge of, safely keep, and keep a correct account of, all money and valuables found on each prisoner when delivered at the county jail.…
- § 26641 When any prisoner is removed to a state hospital or to a state prison or is released to the custody of an officer of another jurisdiction, his money and…
- § 26642 The sheriff shall pay into the general fund for the use and benefit of the county any money of a prisoner or the proceeds of the sale of his or her valuables…
- § 26643 When any prisoner dies or loses the legal capacity to make decisions, the sheriff shall make diligent effort to communicate the fact to friends or relatives of…
- § 26644 Any money and valuables of a prisoner and the accounts are subject to audit by the county auditor.
- § 26645 For failure to comply with this article, the sheriff is liable on his official bond.
- § 26646 The sheriff, with the approval of the county auditor, may establish bank accounts in which money received by the sheriff for bail and fines may be deposited…
ARTICLE 3. Process and Notices §§ 26660–26666.10 · 10 sections
- § 26660 As used in this title: (a) “Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. (b) “Notice” includes all…
- § 26661 When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it…
- § 26662 The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return.
- § 26663 Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person…
- § 26664 Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s…
- § 26665 All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or…
- § 26666 (a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and…
- § 26666.2 Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other…
- § 26666.5 (a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described…
- § 26666.10 (a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to…
ARTICLE 4. Liability §§ 26680–26685 · 2 sections
- § 26680 If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office,…
- § 26685 Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose…
ARTICLE 5. Badges § 26690 · 1 section
- § 26690 The board of supervisors shall furnish the sheriff and deputy sheriffs with suitable badges of office. Upon the badge of the sheriff shall be inscribed…
ARTICLE 7. Fees §§ 26720–26751 · 36 sections
- § 26720 For services performed by them sheriffs shall charge and collect the fees fixed in this article.
- § 26720.5 Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the…
- § 26720.9 Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).
- § 26721 Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount…
- § 26721.1 In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the…
- § 26721.2 (a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other…
- § 26722 The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon…
- § 26723 The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).
- § 26725 The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or…
- § 26725.1 The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.
- § 26726 (a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when…
- § 26727 The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents…
- § 26728 The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the…
- § 26728.1 The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.
- § 26729 The fee for furnishing a notice for publication is nineteen dollars ($19).
- § 26730 The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).
- § 26731 (a) Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5,…
- § 26732 The fee for publication of a notice in a newspaper is the reasonable cost of the publication.
- § 26733.5 The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one…
- § 26734 The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount…
- § 26736 The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee…
- § 26738 The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession,…
- § 26740 The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).
- § 26741 The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19).
- § 26742 The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.
- § 26743 The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section…
- § 26744 The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of…
- § 26744.5 (a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows: (1) Fifty…
- § 26745 The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).
- § 26746 (a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a…
- § 26746.1 (a) A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for…
- § 26747 For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.
- § 26748 In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for…
- § 26749 The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state…
- § 26750 (a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of…
- § 26751 After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor…
ARTICLE 8. Transportation of Prisoners §§ 26775–26778 · 4 sections
- § 26775 The boards of supervisors of two or more counties may enter into a contract pursuant to this article.
- § 26776 The contract may provide, with respect to any situation in which, under the law, a sheriff is authorized to transport a prisoner from the sheriff’s own county…
- § 26777 In any case in which a sheriff, acting pursuant to a contract entered into under this article, takes a prisoner into custody and transports him, such action…
- § 26778 A contract entered into under this article shall provide for compensation to the county whose sheriff is performing the service by the county for whose sheriff…
CHAPTER 3. County Clerk §§ 26801–26861 · 39 sections
ARTICLE 1. Duties §§ 26801–26810 · 11 sections
- § 26801 Except as otherwise provided by law, the county clerk shall act as clerk of the board of supervisors in the county.
- § 26802 Except as provided by law, the county clerk shall register as voters any electors who apply for registration and shall perform any other duties required of him…
- § 26802.5 In the Counties of El Dorado, Imperial, Kern, Kings, Lake, Marin, Merced, Modoc, Monterey, Napa, Nevada, Riverside, San Joaquin, Solano, Sonoma, and Tulare, a…
- § 26803 He shall take charge of and safely keep, or dispose of pursuant to law, all books, papers, and records which are filed or deposited in his office pursuant to…
- § 26803.5 Each regulation and order of repeal of a regulation filed with a county clerk pursuant to Article 2 (commencing with Section 11380) of Chapter 4.5, Part 1,…
- § 26805 The clerk must keep a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment or…
- § 26806 (a) In counties having a population of 900,000 or over, the clerk of the court may employ as many foreign language interpreters as may be necessary to…
- § 26807 The county clerk shall keep an official seal of his office for use when performing official duties other than ex officio duties which shall, when embossed,…
- § 26808 The county clerk shall distribute to persons applying for a marriage license a list of family planning and birth control clinics located in the county, which…
- § 26809 Unless another provision of law requires a longer retention period, the county clerk may destroy or otherwise dispose of any paper or document filed with or…
- § 26810 (a) The clerk of the superior court may cause the following documents to be photographed, microphotographed, photocopied, electronically imaged, or otherwise…
ARTICLE 2. Fees §§ 26820–26861 · 28 sections
- § 26820 The county clerk shall charge and collect the fees fixed in this article for service performed by the clerk, when not otherwise provided by law.
- § 26831 The county clerk may charge a reasonable fee to cover the cost of preparing copies of any record, proceeding, or paper on file in his or her office.
- § 26833 The fee for certifying to a copy of any paper, record, or proceeding on file in the office of the county clerk is one dollar and seventy-five cents ($1.75).
- § 26836 For every certificate the fee for which is not otherwise fixed, the fee is one dollar and seventy-five cents ($1.75).
- § 26837 For comparing with the original on file in the office of the county clerk, the copy of any paper, record, or proceeding prepared by another and presented for…
- § 26839 For an exemplification of a record or other paper on file, the fee is twenty dollars ($20) and the charges allowed for copying or comparing.
- § 26840 The fee for issuing a marriage license is ten dollars ($10), to be collected at the time it is issued. One dollar ($1) of this fee shall be paid to the county…
- § 26840.1 (a) The fee for filing a marriage certificate pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code is fourteen dollars ($14), to…
- § 26840.2 Whenever the board of supervisors of a county makes provision by ordinance for the issuance of marriage licenses outside of the normal business hours, the…
- § 26840.3 (a) For the support of the family conciliation court or for conciliation and mediation services provided pursuant to Chapter 11 (commencing with Section 3160)…
- § 26840.7 In addition to the fee prescribed by Section 26840 and as authorized by Section 26840.3, the county clerk shall collect a fee of twenty-three dollars ($23) at…
- § 26840.8 In addition to the fee prescribed by Section 26840.1 and as authorized by Section 26840.3, the person issuing an authorization for the performance of a…
- § 26840.10 (a) The Alameda County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple…
- § 26840.11 (a) The Solano County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple…
- § 26847 The fee for making a record of a certificate of revivor is two dollars ($2).
- § 26849.1 The fee for filing, canceling, revoking, or withdrawing the bond of a notary public is seven dollars ($7). The recording fee for the notice of cancellation,…
- § 26850 For filing and indexing all papers for which a charge is not elsewhere provided, other than papers filed in actions or special proceedings, official bonds, or…
- § 26851 For either recording or registering any license or certificate or issuing any certificate, or both, in connection with a license, required by law for which a…
- § 26852 The fee for each certificate to the official capacity of any public official is two dollars and twenty-five cents ($2.25).
- § 26853 The fee for taking an affidavit, except in criminal cases or adoption proceedings, is two dollars and twenty-five cents ($2.25).
- § 26854 The fee for searching records or files is five dollars ($5) for each file.
- § 26855 The fee for taking acknowledgment of any deed or other instrument, including the certificate, is two dollars and twenty-five cents ($2.25) for each signature.
- § 26855.1 The fee for filing a power of attorney for an admitted surety insurer, or a notice of cancellation, revocation, or withdrawal of a power of attorney for an…
- § 26855.2 The fee for filing a financial statement of an admitted surety insurer is three dollars and fifty cents ($3.50), but nothing in this section shall be construed…
- § 26855.3 The fee for issuing a certificate pursuant to Section 995.640 of the Code of Civil Procedure is three dollars and fifty cents ($3.50).
- § 26857 No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any…
- § 26858 No fees or other compensation shall be charged by any county clerk for taking and certifying affidavits for pension claimants, the payment of a pension…
- § 26861 A fee of fifteen dollars ($15) may be charged for performing a marriage ceremony pursuant to Section 401 of the Family Code, which shall be paid into the…
CHAPTER 3.5. Controller §§ 26880–26886 · 7 sections
- § 26880 The board of supervisors may create the office of controller. The office of county controller shall be held ex officio by the county auditor.
- § 26881 The county auditor, or in counties that have the office of controller, the auditor-controller shall be the chief accounting officer of the county. Upon order…
- § 26882 In addition to the accounts required by law the auditor-controller shall, upon order of the board of supervisors, maintain such accounts and statistics and…
- § 26883 In addition to the power now possessed by the board of supervisors to enter into contracts for audits the board shall have the power to require that the county…
- § 26884 In the event the board of supervisors elects to require that the county auditor-controller perform the additional services authorized by this chapter it shall…
- § 26885 The provisions of this chapter shall become operative only upon their adoption by a resolution passed by a unanimous vote of the board of supervisors at a…
- § 26886 In the event the board of supervisors elects to make the provisions of this chapter operative, it may provide for the payment of compensation which it deems…
CHAPTER 4. Auditor §§ 26900–26946 · 27 sections
ARTICLE 1. Duties Generally §§ 26900–26914 · 22 sections
- § 26900 The auditor shall examine and settle the accounts of any persons indebted to the county or holding money payable into the county treasury, and shall certify…
- § 26901 The county auditor may require any person or officer indebted to the county or holding money payable into the county treasury to make an oath as to the total…
- § 26902 “Money payable into the county treasury,” as used in Sections 26900 and 26901, includes money belonging to estates of deceased persons and required by law to…
- § 26903 Whenever money or credits, or evidences thereof, are transmitted to the county treasurer by any state officer or employee for deposit in the county treasury or…
- § 26904 The auditor shall keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid…
- § 26905 Not later than the last day of each month, the auditor shall reconcile the cash and investment accounts as stated on the auditor’s books with the cash and…
- § 26906 Any money other than taxes erroneously paid into the county treasury may be returned to the person paying it in upon a warrant drawn by the auditor on the…
- § 26906.1 The county auditor, with the approval of the board of supervisors, may impound the disputed revenues of any tax upon secured or unsecured property, levied and…
- § 26907 (a) Notwithstanding Section 26201, 26202, or 26205, the auditor or ex officio auditor may destroy any county, school, or special district claim, warrant, or…
- § 26907.1 Notwithstanding the provisions of Sections 26201, 26202, and 26205 of this code, the auditor or ex officio auditor may destroy any county, school or special…
- § 26907.2 Notwithstanding the provisions of Sections 26201, 26202, and 26205 of this code, the board may authorize the destruction or disposition of the copies of any…
- § 26908 Notwithstanding the provisions of Sections 4104.3 and 4104.5 of the Revenue and Taxation Code, the tax collector may, upon order of the board of supervisors,…
- § 26908.5 (a) As used in this section “auditor” includes an elected or appointed officer or full-time employee of a county or a special district who is compensated, but…
- § 26909 (a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and…
- § 26910 The auditor may at any reasonable time and place examine the books and records of any special purpose assessing or taxing district located wholly in the county.
- § 26911 Whenever a special district has elected to have its assessments collected by the county on the property tax roll, the district shall transmit to the county…
- § 26912 (a) For the purposes of this section, a local agency includes a city, county, city and county, and special district, as such terms are defined in Article 1…
- § 26912.1 (a) For the 1978–79 fiscal year only, an amount shall be computed for each local agency, as defined in subdivision (a) of Section 26912, and for each school…
- § 26912.2 Notwithstanding Section 26912, no allocation of property taxes levied pursuant to subdivision (b) of Section 2237 of the Revenue and Taxation Code shall be…
- § 26912.7 Notwithstanding any other provision of law, for the purposes of subdivision (d) of Section 95 and subdivision (a) of Section 2237 of the Revenue and Taxation…
- § 26913 If the governing body of a local agency notifies the county auditor by July 10 that it does not wish to receive its total allocation pursuant to Section 26912,…
- § 26914 Notwithstanding the provisions of Section 26912, in any county in which the county superintendent of schools became fiscally independent on or after June 30,…
ARTICLE 2. Counting Money in County Treasury §§ 26920–26922 · 2 sections
- § 26920 (a) At least once in each quarter, the county auditor shall perform, or cause to be performed, a review of the treasurer’s statement of assets in the county…
- § 26922 The auditor shall file a copy of the quarterly report prepared pursuant to paragraph (3) of subdivision (a) of Section 26920 and a copy of the annual audit…
ARTICLE 4. Qualifications for Office §§ 26945–26946 · 3 sections
- § 26945 A person shall not be elected or appointed to the office of county auditor of any county unless the person meets at least one of the following criteria: (a)…
- § 26945.1 (a) Any person serving in the capacity of county auditor shall complete at least 40 hours of qualifying continuing education, pursuant to subdivision (b), for…
- § 26946 The provisions of this article shall become effective in only those counties in which, prior to the first day of the period for filing declarations of…
CHAPTER 4.5. Director of Finance §§ 26970–26972 · 3 sections
- § 26970 Notwithstanding the provisions of Section 24009, at any general or special election, the board of supervisors of general law counties with a population of…
- § 26971 If a majority of the voters voting on the question at such election favor the replacement by the appointive office of county director of finance, the board of…
- § 26972 The county director of finance shall have all of the powers and duties of the county auditor and the county controller and such other duties as the board of…
CHAPTER 4.6. Consolidated Office of Director of Finance §§ 26980–26990 · 5 sections
- § 26980 The board of supervisors of any county may establish the office of director of finance. (a) The board of supervisors shall submit to the electors of the county…
- § 26981 The office of director of finance shall be consolidated with the offices of auditor, controller, tax collector, and treasurer and the director of finance shall…
- § 26982 The consolidation of the office of director of finance with any elective office shall become effective only upon the expiration of the current term of office…
- § 26983 The board of supervisors of every county having the office of director of finance shall cause an annual, independent audit to be made of such office. The board…
- § 26990 (a) Notwithstanding any other provision of law, with the exception of the Revenue and Taxation Code, commencing with the 1993–94 fiscal year, the duties and…
CHAPTER 5. County Treasurer §§ 27000–27137 · 43 sections
ARTICLE 1. Duties Generally §§ 27000–27013 · 21 sections
- § 27000 The county treasurer shall receive and keep safely all money belonging to the county and all other money directed by law to be paid to him and apply and pay it…
- § 27000.1 Subject to Section 53607, the board of supervisors may, by ordinance, delegate to the county treasurer the authority to invest or reinvest the funds of the…
- § 27000.3 (a) With regard to county funds deposited in the county treasury, the board of supervisors is the agent of the county who serves as a fiduciary and is subject…
- § 27000.5 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objective of the county treasurer or the board…
- § 27000.6 The provisions of Sections 27000.7, 27000.8, and 27000.9 shall become effective only in those counties in which, prior to the first date of the period for…
- § 27000.7 (a) A person shall not be eligible for election or appointment to the office of county treasurer, county tax collector, or county treasurer-tax collector of…
- § 27000.8 Any duly elected county treasurer, county tax collector, or county treasurer-tax collector serving in that office on January 1, 1996, may serve for his or her…
- § 27000.9 Notwithstanding any other requirement of law, any duly appointed county officer serving in the capacity of county treasurer, county tax collector, or county…
- § 27001 The treasurer shall file and keep the certificates of the auditor delivered to him or her when money is paid into the treasury. Notwithstanding Sections 26201,…
- § 27002 The treasurer shall keep an account of the receipt and expenditure of all money received or paid out by him or her in books provided for the purpose. He or she…
- § 27002.1 (a) The treasurer may, in lieu of entering in books an account of the receipt and expenditure of all money received or paid out by him or her as provided in…
- § 27003 The treasurer shall keep his or her books or any other authorized form of record so that the amounts received and paid out on account of separate funds or…
- § 27005 The treasurer shall disburse the county money and all other money placed in his or her custody by official authority only on county warrants, checks, or…
- § 27006 The treasurer shall disburse the money in the treasury on county warrants only when they are based on orders of the board of supervisors, upon order of the…
- § 27007 The treasurer shall keep all money belonging to the State, or any county of the State in his own possession until disbursed according to law. He shall not…
- § 27008 (a) The treasurer shall not receive money into the treasury or for deposit with him or her as treasurer, unless it is accompanied by the certificate of the…
- § 27009 The treasurer shall give a receipt to each person who deposits money into the county treasury.
- § 27010 The treasurer may receive any money constituting gift, bequest, or devise, and pay it out in accordance with the terms thereof, or, if none are fixed,…
- § 27011 Any county officer who knowingly accepts or allows any deposit in the county treasury of money from any private and unofficial source is guilty of a…
- § 27012 The Controller may summon county treasurers or the authorized representative of any county treasurer to meet with the Controller or his or her duly authorized…
- § 27013 Notwithstanding any other provision of law, any treasurer, or other authorized county officer, who invests, deposits or otherwise handles funds for public…
ARTICLE 2. Statements and Reports § 27061 · 1 section
- § 27061 The treasurer shall settle their accounts relating to the collection, care, and disbursement of public revenue of whatsoever nature and kind with the auditor…
ARTICLE 3. Funds and Accounts §§ 27080–27082 · 4 sections
- § 27080 Any officer required to pay into the county treasury taxes, fees, or other money collected by him may pay the money to the treasurer daily without making an…
- § 27080.1 Where the county treasurer has entered into a contract for the deposit of moneys with a depository pursuant to Section 53682, the county treasurer may…
- § 27081 The clerk of the court may deposit in the county treasury any money deposited as jury fees or as a portion of the naturalization fees required by law to be…
- § 27082 Upon receiving from the coroner money found on a dead body, the treasurer shall place it to the credit of the county. The money shall be credited to a separate…
ARTICLE 4. Inspection of Books §§ 27100–27101 · 3 sections
- § 27100 The books, accounts, and vouchers of the treasurer, including all books, accounts, vouchers, or other records in his office relating to reclamation districts,…
- § 27100.1 Notwithstanding any other provision of law, when any public entity or any public official acting in a fiduciary capacity, who is required or authorized by law…
- § 27101 The treasurer shall permit the chairman of the board of supervisors, district attorney, and auditor to examine his books and count the money in the treasury,…
ARTICLE 5. Vacancy §§ 27120–27121 · 2 sections
- § 27120 Whenever an action based upon official misconduct is commenced against the county treasurer, the board of supervisors may suspend him from office until the…
- § 27121 In case of the death of the county treasurer, his legal representatives shall deliver to the person appointed to fill the vacancy all official money, books,…
ARTICLE 6. County Treasury Oversight Committees §§ 27130–27137 · 12 sections
- § 27130 The Legislature finds and declares that local agencies, including school districts, should participate in reviewing the policies that guide the investment of…
- § 27131 (a) The board of supervisors in each county or city and county may, if the county or city and county is investing surplus funds, establish a county treasury…
- § 27132 The county treasury oversight committee, pursuant to Section 27131, shall consist of members appointed from the following: (a) The county treasurer. (b) The…
- § 27132.1 A member may not be employed by an entity that has (a) contributed to the campaign of a candidate for the office of local treasurer, or (b) contributed to the…
- § 27132.2 A member may not directly or indirectly raise money for a candidate for local treasurer or a member of the governing board of any local agency that has…
- § 27132.3 A member may not secure employment with, or be employed by, bond underwriters, bond counsel, security brokerages or dealers, or financial services firms, with…
- § 27132.4 Committee meetings shall be open to the public and subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of…
- § 27133 In any county that establishes a county treasury oversight committee pursuant to this article, the county treasurer shall annually prepare an investment policy…
- § 27134 The county treasury oversight committee shall cause an annual audit to be conducted to determine the county treasury’s compliance with this article. The audit…
- § 27135 The costs of complying with this article shall be county charges and may be included with those charges enumerated under Section 27013.
- § 27136 (a) Notwithstanding any other provision of law, any local agency, public agency, public entity, or public official that has funds on deposit in the county…
- § 27137 Nothing in this article shall be construed to allow the county treasury oversight committee to direct individual investment decisions, select individual…
CHAPTER 6. Recorder §§ 27201–27399 · 139 sections
ARTICLE 1. Duties Generally §§ 27201–27211 · 13 sections
- § 27201 (a) (1) (A) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required…
- § 27201.1 (a) (1) A disinterested custodian of an electronic record may certify that a tangible copy is a complete and accurate reproduction of the electronic record.…
- § 27201.5 (a) A notary acknowledgment shall be deemed complete for recording purposes without a photographically reproducible official seal of the notary public if the…
- § 27202 Upon the request of any officer of the United States, the county recorder shall record instruments to which the United States is a party without payment of the…
- § 27203 Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which may by law be recorded is delivered for record is…
- § 27203.5 If the recorder willfully and maliciously commits any of the acts described in Section 27203 or derives a personal financial benefit from committing any of…
- § 27204 Any person who receives a form from the recorder pursuant to subdivision (a) of Section 27203, stating that the proffered document is unrecordable, and who…
- § 27205 After two years from the date of filing in the recorder’s office of notice of completion of any building or improvement, the contract, plans, specifications…
- § 27206 The county recorder may destroy federal tax liens together with any release of said liens eight years after the lien was filed in his office; provided, a…
- § 27207 At the request of the county recorder, the board of supervisors of any county may authorize the destruction of any or all of the filed papers or records books…
- § 27208 If a paper or document has been microfilmed, the county recorder may destroy or otherwise dispose of any paper or document filed with or submitted to him or…
- § 27210 The county recorder may use a printed, stamped, photographically reproduced facsimile, electronic, or otherwise digitally created signature in certifying to a…
- § 27211 (a) The recorder shall keep an official seal of the recorder’s office that shall, when embossed, stamped, impressed, or affixed to a certification, show…
ARTICLE 2. Books §§ 27230–27265 · 26 sections
- § 27230 The recorder shall procure any books for records as the business of the recorder’s office requires, but orders for the books shall first be obtained from the…
- § 27231 The recorder has the custody of, and shall keep all books, records, maps, and papers deposited in the recorder’s office.
- § 27232 The recorder shall keep an index of deeds, grants, and transfers, labeled “Grantors,” each page divided into three columns, headed respectively: “Names of…
- § 27233 The recorder shall keep an index of deeds, labeled “Grantees,” each page divided into three columns, headed respectively: “Names of grantees,” “Names of…
- § 27234 The recorder shall keep two indices of mortgages, labeled respectively: “Mortgagors of real property” and “Mortgagors of personal property,” with the pages…
- § 27235 The recorder shall keep two indices of mortgages, labeled respectively: “Mortgagees of real property” and “Mortgagees of personal property,” with the pages…
- § 27236 The recorder shall keep two indices of releases of mortgages, labeled respectively: “Releases of mortgages of real property—mortgagors” and “Releases of…
- § 27237 The recorder shall keep two indices of releases of mortgages, labeled respectively: “Releases of mortgages of real property—mortgagees” and “Releases of…
- § 27238 The recorder shall keep an index of powers of attorney, labeled: “Powers of attorney,” each page divided into four columns, headed respectively: “Names of…
- § 27239 The recorder shall keep an index of leases, labeled: “Leases—lessors,” each page divided into three columns, headed respectively: “Names of lessors,” “Names of…
- § 27240 The recorder shall keep an index of leases, labeled: “Leases—lessees,” each page divided into three columns, headed respectively: “Names of lessees,” “Names of…
- § 27243 The recorder shall keep an index of assignments of mortgages and leases, labeled: “Assignments of mortgages and leases—assignors,” each page divided into four…
- § 27244 The recorder shall keep an index of assignments of mortgages and leases, labeled: “Assignments of mortgages and leases—assignees,” each page divided into four…
- § 27246 The recorder shall keep an index of official bonds, labeled: “Official bonds,” each page divided into four columns, headed respectively: “Names of officers,”…
- § 27247 The recorder shall keep an index of notices of mechanics’ liens, labeled: “Mechanics’ liens,” each page divided into three columns, headed respectively:…
- § 27248 (a) The recorder shall keep an index to abstracts of judgments, labeled: “Abstracts of judgments,” each page divided into six columns, headed respectively:…
- § 27249 The recorder shall keep an index of attachments, labeled: “Attachments,” each page divided into five columns, headed respectively: “Parties against whom…
- § 27250 The recorder shall keep an index of notices of the pendency of actions, labeled: “Notices of actions,” each page divided into three columns, headed…
- § 27252 The recorder shall keep an index to the certificates of births, deaths and marriages.
- § 27254 The recorder shall keep an index of mining locations and of documents affecting them, labeled, “Mining locations,” divided into suitable columns showing the…
- § 27255 (a) The county recorder in each county shall develop and maintain, within the existing indexing system, a comprehensive index of conservation easements and…
- § 27256 The recorder shall keep such other indices as are required in the performance of official duties.
- § 27257 Instead of those indices indicated in this division, the recorder may utilize either of the following systems of indexing: (a) The recorder may keep two…
- § 27263 When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the…
- § 27264 The recorder shall provide a separate book called “Record of Patents” or official records in which shall be recorded all patents of land situate in the county,…
- § 27265 Where indexes are compiled by the use of key punch and printing machines, if temporary index sheets are provided for the use of the public before the permanent…
ARTICLE 3. Documents to be Recorded §§ 27279–27297.7 · 30 sections
- § 27279 (a) “Instrument,” as used in this chapter, means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or…
- § 27279.1 (a) The recorders of San Bernardino County and Orange County may accept, in lieu of a written paper document, a digitized image of a recordable instrument if…
- § 27279.2 For purposes of Section 27279.1, the requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if it is…
- § 27279.3 (a) A requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if the requester meets the conditions…
- § 27279.4 (a) The California Attorney General shall appoint an Electronic Recordation Task Force consisting of voluntary representatives from governmental agencies and…
- § 27280 (a) Any instrument or judgment affecting the title to or possession of real property may be recorded pursuant to this chapter. (b) Any instrument or document…
- § 27280.5 The names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation shall be legibly signed, typed, or printed…
- § 27280.6 (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any…
- § 27281 (a) Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be…
- § 27281.5 (a) Any restriction imposed upon real property on or after January 1, 1982, which restricts either the ability of the owner of real property to convey the real…
- § 27282 (a) The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof: (1) A judgment affecting the title to or…
- § 27283 The record of all notices of location of mining claims made prior to March 9, 1897 in the proper office without acknowledgment, or certificate of…
- § 27284 Affidavits showing work or posting of notices upon mining claims may be recorded in the recorder’s office of the county where the mining claims are situated.
- § 27285 The following documents may be recorded without acknowledgment or further proof: (a) Letters patent from the United States or from the state, executed and…
- § 27286 If letters patent have been lost or are beyond the control of any party deraigning title from them, or if for any reason they remain unrecorded, any person…
- § 27287 Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious…
- § 27288 If the instrument is an agreement for sale, lease, option agreement, deposit receipt, commission receipt, or affidavit which quotes or refers to an agreement…
- § 27288.1 All documents described in this section now or hereafter authorized by law to be recorded in the official records of a county shall contain the following…
- § 27288.2 Pursuant to Section 5029 of the Public Resources Code, after March 15, 1993, the county recorder shall record a certified resolution establishing an historical…
- § 27289 Whenever a notice is required by law to be recorded for any purpose, it shall be signed by the person giving notice or his agent.
- § 27290 An instrument proved and certified pursuant to Sections 1198 and 1199 of the Civil Code may be recorded in the proper office only if the original is at the…
- § 27291 (a) Notwithstanding any provision of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code or any other provision of law, a financing…
- § 27293 (a) (1) Except as otherwise provided in subdivision (b), if an instrument, paper, or notice intended for record is executed or certified in whole or in part in…
- § 27294 In all cases the recorder shall endorse the amount of the fee for recordation on the instrument, paper, or notice recorded.
- § 27295 Where real property acquired by a municipality or a redevelopment agency is to be transferred in accordance with an official redevelopment plan any contract…
- § 27296 (a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and…
- § 27297 For purposes of this article, a certificate describing real property and any lien thereon claimed pursuant to law for the costs of abatement of a nuisance upon…
- § 27297.5 (a) Upon recordation of an abstract of judgment or other document creating an involuntary lien affecting the title to real property, unless the county recorder…
- § 27297.6 (a) (1) Following adoption of an authorizing resolution by the Los Angeles County Board of Supervisors, the Los Angeles County Recorder, or a designee or…
- § 27297.7 (a) On or before January 1, 2027, each county within the state shall establish a recorder notification program, in accordance with this section, and the board…
ARTICLE 3.5. Social Security Number Truncation Program §§ 27300–27307 · 8 sections
- § 27300 As used in this article, the following terms have the following meanings: (a) “Official record” means the permanent archival record of all instruments, papers,…
- § 27301 (a) The county recorder of each county shall establish a social security number truncation program in order to create a public record version of each official…
- § 27302 (a) A county recorder shall be deemed to be in compliance with the requirements of Section 27301 and shall not be liable for failure to truncate a social…
- § 27303 When a public record version of an official record exists, both of the following shall apply: (a) Upon a request for inspection, copying, or any other public…
- § 27303.5 Notwithstanding Section 27303, a county recorder may provide a copy of a DD214 official record when requested by a person listed in subdivision (b) of Section…
- § 27304 (a) Each county may use funds generated by fees authorized by subdivision (d) of Section 27361 to implement a social security number truncation program…
- § 27305 (a) To assist the Legislature in monitoring the progress of each county recorder’s social security number truncation program, the County Recorders Association…
- § 27307 A county recorder is authorized to take all actions required by this article notwithstanding subdivision (d) of Section 27203 or any other provision of law.
ARTICLE 4. Recording §§ 27320–27338 · 23 sections
- § 27320 When any instrument, paper, or notice authorized by law to be recorded is deposited in the recorder’s office for record, the recorder shall endorse upon it in…
- § 27321 (a) The recorder shall endorse upon each instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter…
- § 27321.5 Before acceptance for recording, in addition to the address required on each document for delivery by the recorder, all of the following shall apply: (a) Every…
- § 27322 The recorder shall record by legible handwriting, by typewriting, or by photographic reproduction process, in well-bound books or by such other means as…
- § 27322.1 The words “file for record” when used as a directive in any law relating to any document to be filed in the recorders office shall be deemed to mean “record”…
- § 27322.2 A system of microphotography, optical disk, or reproduction by any other technique that does not permit additions, deletions, or changes to the original…
- § 27322.3 If the recorded instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of…
- § 27322.4 The county recorder may cause any or all files or records in his or her official custody to be microphotographed or otherwise reproduced pursuant to Section…
- § 27323 The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided…
- § 27324 Each instrument, paper, or notice presented for recordation shall have a title or titles indicating the kind or kinds of documents contained therein. The…
- § 27325 If any instrument, paper, or notice is presented and accepted for recordation or filing without a title or an endorsement indicating the manner of indexing, it…
- § 27326 The recorder shall file and record in the record of deeds, grants, and transfers, certified copies of final judgments or decrees partitioning or affecting the…
- § 27327 Any instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and that is copied into a…
- § 27328 Any instrument which is filed for record with the recorder as a deed, deed of trust, mortgage, or chattel mortgage, or which is copied into any book of deeds,…
- § 27329 (a) If any record of an instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any…
- § 27330 On or before January 1, 1968, notices of liens for internal revenue taxes payable to the United States and certificates of release, discharge, subordination or…
- § 27331 An order affecting title to or possession of real property issued by a court in an action subject to Section 12527 may be recorded in any of the indices…
- § 27333 All conveyances of real estate, except patents issued by the State as a party, made by any public officer pursuant to law, when recorded shall be…
- § 27334 If the name of the person in whom title to real estate is vested is changed from any cause, the recorder shall alphabetically index the conveyance in the…
- § 27335 In the recording of instruments of writing required or authorized by law to be recorded, the clerk, recorder, or other officer whose duty it is to make the…
- § 27336 County recorders shall accept form books or blanks from any incorporated water users’ association organized to secure the benefits of an act of Congress…
- § 27337 (a) If any military veteran or any person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107…
- § 27338 A deed, instrument, or other document related to a conveyance that is subject to Section 8560 of the Public Resources Code shall not be recorded without a…
ARTICLE 5. Fees §§ 27360–27388.2 · 28 sections
- § 27360 For services performed by the recorder’s office, the county recorder shall charge and collect the fees fixed in this article.
- § 27360.5 As used in this code, the word “folio” means 100 words. Each figure, character, symbol, and initial, excluding punctuation marks, shall be regarded as a word…
- § 27361 (a) The fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded shall not exceed ten dollars ($10) for…
- § 27361.1 Whenever two or more instruments, papers, or notices are serially incorporated on one form or sheet, or are attached to one another, except as an exhibit…
- § 27361.2 (a) Whenever any instrument, paper, or notice is recorded that contains references to more than one previously recorded document and requires additional…
- § 27361.3 (a) Notwithstanding any contrary provision of the law, the fee for recording every release of lien, encumbrance, or notice executed by the state, or any…
- § 27361.4 (a) The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record, in…
- § 27361.5 (a) As used in Section 27361, a page shall be one printed side of a single piece of paper being 81/2 inches by 11 inches. (b) A sheet shall be one printed side…
- § 27361.6 Except as otherwise provided by law or regulation, all documents submitted for recording shall have at least a 1/2-inch margin on the two vertical sides except…
- § 27361.7 Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the recorder…
- § 27361.8 (a) Whenever any instrument, paper, or notice is recorded that requires additional indexing by the county recorder to give notice required by law and does not…
- § 27361.9 The board of supervisors of any county may provide for an additional fee for filing every preliminary notice pursuant to subdivision (a) of Section 8214 of the…
- § 27364 The fee for each certificate under seal shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing…
- § 27365 The fee for any copy of a birth, death, or marriage certificate, when the copy is made by the recorder, is the same as is payable to a state or local registrar…
- § 27366 The fee for any copy of any other record or paper on file in the office of the recorder, when the copy is made by the recorder, shall be set by the board of…
- § 27369 The fee for searching the records of his office for a birth, death, or marriage certificate is the same as is payable to a state or local registrar of vital…
- § 27371 The fee for recording each map or plat where it is copied in a book of record is ten cents ($0.10) for each course, plus ten cents ($0.10) a folio for letters…
- § 27372 The fee for recording or filing and indexing each map wherein land is subdivided in lots, tracts, or parcels is five dollars ($5) for the first page and two…
- § 27375 The fee for taking an acknowledgment of any instrument is seventy-five cents ($0.75).
- § 27379 The fee for administering and certifying each oath or affirmation is fifty cents ($0.50).
- § 27380 The fee for filing, indexing, and keeping each paper not required by law to be recorded is three dollars ($3).
- § 27381 No charge or fee shall be made for recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory…
- § 27383 No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof,…
- § 27387 In addition to any other fee, the county recorder shall collect a fee from any lienor, other than a governmental entity, for the recordation of an abstract of…
- § 27387.1 (a) In addition to any other recording fee, the recorder, pursuant to Section 27297.6, may collect a fee from the party filing a deed, quitclaim deed, deed of…
- § 27388 (a) (1) In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to…
- § 27388.1 (a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of…
- § 27388.2 (a) In addition to all other fees authorized by this section, a county recorder may charge a fee of two dollars ($2) for recording the first page of every real…
ARTICLE 6. Electronic Recording Delivery Act of 2004 §§ 27390–27399 · 11 sections
- § 27390 (a) This article shall be known and may be cited as the Electronic Recording Delivery Act of 2004. (b) For the purposes of this article, the following…
- § 27391 (a) Upon approval by resolution of the board of supervisors and system certification by the Attorney General, a county recorder may establish an electronic…
- § 27392 (a) No electronic recording delivery system may become operational without system certification by the Attorney General. The certification shall affirm that…
- § 27393 (a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording…
- § 27394 (a) To be eligible to establish an electronic recording delivery system, a county recorder shall contract with, and obtain a report from, a computer security…
- § 27395 (a) No person shall be a computer security auditor or be granted secure access to an electronic recording delivery system if he or she has been convicted of a…
- § 27396 (a) The Attorney General shall monitor the security of electronic recording delivery systems statewide, in close cooperation with county recorders and public…
- § 27397 (a) A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the…
- § 27397.5 (a) A county recorder may include in the county’s electronic recording delivery system a secure method for accepting for recording a digital or digitized…
- § 27398 (a) The Attorney General shall conduct an evaluation of electronic recording delivery systems authorized by this article, and report to both houses of the…
- § 27399 (a) Nothing in this article shall be construed to authorize any state agency to administer any of the processes or procedures relating to the business of the…
CHAPTER 7. Tax Collector §§ 27400–27401 · 2 sections
- § 27400 The tax-collector is ex officio license-collector, and as license-collector shall collect all county licenses and perform the duties prescribed by law and by…
- § 27401 At least once a month the tax collector shall pay the public money in his hands into the county treasury, taking the receipt of the treasurer therefor.
CHAPTER 8. Assessor §§ 27421–27423 · 3 sections
- § 27421 The county assessor in each county who is designated to perform the duty of assessing property for a local taxing jurisdiction shall, upon request of the…
- § 27422 The assessor shall not hold the office of tax collector or auditor, whether it is an appointive or elective office, at the same time he holds the office of…
- § 27423 (a) On or before May 1, 1977, the assessor of each county for the local roll and the State Board of Equalization for the board roll shall determine the annual…
CHAPTER 8.5. Public Guardian §§ 27430–27436 · 7 sections
- § 27430 (a) In any county the board of supervisors may by ordinance create the office of public guardian and subordinate positions which may be necessary and fix…
- § 27431 (a) The board of supervisors may appoint a public guardian to fill the office and provide for appointment to the subordinate positions. (b) In appointing the…
- § 27432 (a) The board of supervisors may by ordinance designate that the public administrator is ex officio public guardian. (b) If the board of supervisors has not…
- § 27433 The authority of the public guardian or ex officio public guardian ceases upon the termination of his or her tenure in office as public guardian or ex officio…
- § 27434 The public guardian shall give an official bond in an amount fixed, from time to time, by the board of supervisors. The bond shall be for the joint benefit of…
- § 27435 (a) Necessary expenses of the public guardian in the conduct of any guardianship or any conservatorship estate may be advanced by the county. If so ordered by…
- § 27436 The board of supervisors may designate who shall be authorized as public representative payee, and designate the public guardian to collect any fees authorized…
CHAPTER 9. Public Administrator §§ 27440–27444 · 6 sections
- § 27440 If the public administrator fails to qualify or fails to perform in person the duties of his office, the coroner shall be ex officio public administrator. If…
- § 27441 The public administrator shall charge and collect such fees as are allowed by law.
- § 27442 If the public administrator is salaried and all fees and charges allowed him are paid or turned over to the county, then all fees and charges incurred by him…
- § 27443 Every person holding the office of public administrator, public guardian, or public conservator and any deputy or agent of such officer is guilty of a crime…
- § 27443.5 Employees in the office of public administrator, public guardian, or public conservator shall be subject to the provisions of Section 27443; provided that, the…
- § 27444 The authority of the public administrator ceases upon termination of his or her tenure in the office of public administrator, and his or her authority vests in…
CHAPTER 10. Coroner §§ 27460–27530 · 57 sections
ARTICLE 1. Duties Generally §§ 27460–27473 · 16 sections
- § 27460 If an inquest is held by the coroner and no other person takes charge of the body of the deceased, he shall cause it to be interred decently.
- § 27461 In order to inter decently the body of the deceased, the coroner may apply to a judge of the superior court of his county for an order permitting him to: (a)…
- § 27462 The coroner shall file with the clerk of the court a statement showing the property of the deceased that came into his hands, the amount received from the sale…
- § 27463 The coroner shall keep an official register, labeled “Coroner’s Register,” with pages numbered, indexed and bound, in which he shall enter: (a) The name and…
- § 27463.5 In lieu of the “coroner’s register,” the coroner may keep an official file for each deceased person containing all of the information required by Section…
- § 27464 Whenever the death of any person shall have been referred to the coroner for investigation, there shall be delivered to the coroner any note, letter or other…
- § 27465 Within 90 days after an inquest upon a dead body the coroner shall deliver to the legal representatives of the deceased any money or other property found upon…
- § 27466 If, within 90 days after the inquest, no legal representative makes a demand upon the coroner for the money or property found upon the body of the decedent,…
- § 27467 If the coroner fails to deliver to the treasurer within 120 days after any inquest upon a dead body all money and proceeds from the sale of property found upon…
- § 27468 If within 90 days after an inquest upon a dead body no legal representative of the decedent demands from the coroner the property found upon the person of the…
- § 27469 In any action or proceeding in which the sheriff is a party, the coroner shall discharge the duties of sheriff.
- § 27470 If no private ambulance service other than that operated by a coroner is available, in addition to his salary and other fees allowed by law the coroner may be…
- § 27470.5 Any county with a population under 250,000 that has elected to implement a trauma care system plan pursuant to Section 1797.257 of the Health and Safety Code…
- § 27471 (a) Whenever the coroner takes custody of a dead body pursuant to law, he or she shall make a reasonable attempt to locate the family. After a reasonable…
- § 27472 If authorized by the county board of supervisors by ordinance, the coroner, whenever he or she takes custody of a dead body pursuant to law, may charge and…
- § 27473 In coroners’ cases, interpreters’ and translators’ fees or other compensation shall be paid from the county treasury upon warrants drawn by the county auditor,…
ARTICLE 2. Inquests §§ 27490–27512 · 35 sections
- § 27490 The coroner shall hold inquests pursuant to this article.
- § 27491 (a) It shall be the duty of the coroner to inquire into and determine the circumstances, manner, and cause of all violent, sudden, or unusual deaths;…
- § 27491.1 In all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act…
- § 27491.2 (a) The coroner or the coroner’s appointed deputy, on being informed of a death and finding it to fall into the classification of deaths requiring his or her…
- § 27491.25 (a) The coroner or medical examiner, or their appointed deputy, on being notified of a death occurring while the deceased was driving or riding in a motor…
- § 27491.3 (a) In any death into which the coroner is to inquire, the coroner may take charge of any and all personal effects, valuables, and property of the deceased at…
- § 27491.4 (a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death…
- § 27491.41 (a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where…
- § 27491.42 (a) For purposes of this section, “sudden unexplained death in childhood” means the sudden death of a child one year of age or older but under 18 years of age…
- § 27491.43 (a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy,…
- § 27491.44 Notwithstanding any other provision of law, the coroner is authorized to do all of the following: (a) Assist the people of this state, as appropriate, in the…
- § 27491.45 (a) (1) The coroner shall have the right to retain parts of the body, as defined in subdivision (g) of Section 7150.1 of the Health and Safety Code, removed at…
- § 27491.46 (a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical…
- § 27491.47 (a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the…
- § 27491.5 The cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other…
- § 27491.55 In any case where a coroner is required to inquire into a death pursuant to Section 27491, the coroner may delegate his or her jurisdiction over the death to…
- § 27491.56 (a) This section shall be known, and may be cited, as the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. (b) In any county… see note
- § 27491.6 The coroner may also, in his discretion, if the circumstances warrant, hold an inquest, and he shall hold an inquest if requested to do so by the Attorney…
- § 27491.7 The coroner, his authorized deputy, or a hearing officer shall conduct the inquest.
- § 27491.8 (a) When the coroner seeks a confidential communication of a deceased person that is privileged under Article 6 (commencing with Section 990) or Article 7…
- § 27492 The coroner shall summon, or cause to be summoned by any sheriff or policeman, not less than nine nor more than 15 persons, qualified by law to serve as…
- § 27493 No person summoned is exempt from jury duty except at the discretion of the coroner. No person shall be summoned as juror who is related to the decedent or is…
- § 27497 After the jury has been sworn and charged by the coroner it may, if deemed necessary and so ordered by him, go with him to view and examine the body of the…
- § 27498 (a) The coroner may issue subpoenas for witnesses, returnable forthwith or at such time and place as the coroner appoints, which may be served by any competent…
- § 27499 The coroner shall summon and examine as witnesses every person who in his opinion or that of any of the jury has any knowledge of the facts. He may summon a…
- § 27499.1 Where the names and addresses of possible witnesses have been furnished to the coroner by the next of kin of the deceased, an attorney for the next of kin, or…
- § 27500 Any witness served with a subpena who wilfully and without reasonable excuse fails to attend and testify is guilty of a misdemeanor.
- § 27501 The coroner may adjourn the inquest from time to time as may be necessary.
- § 27502 The coroner shall cause the testimony given by any witness to be reduced to writing or recorded either in shorthand or by a mechanical recording device. It…
- § 27502.2 The inquest verdict or decision shall be inadmissible as evidence in any civil or criminal proceeding.
- § 27503 The transcript of the testimony of the witnesses examined in the coroner’s inquest shall be completed and filed within 10 days following the inquest with…
- § 27504 After hearing the testimony, the jury shall render its verdict and certify it by an inquisition in writing signed by the members of the jury, or the coroner…
- § 27504.1 If the findings are that the deceased met his or her death at the hands of another, the coroner shall, in addition to filing the report in his or her office or…
- § 27511 There shall be but one inquest upon a body, unless that taken is set aside by the court, and there shall be but one inquest held upon several bodies of persons…
- § 27512 If it appears that an error in the identity of the body has been made by the jury, the coroner may call another inquest without reference to the court, and a…
ARTICLE 2.5. Autopsy §§ 27520–27523 · 5 sections
- § 27520 (a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him…
- § 27521 (a) A postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains…
- § 27521.1 The law enforcement agency investigating the death of an unidentified person shall report the death to the Department of Justice, in a format acceptable to the…
- § 27522 (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed…
- § 27523 (a) A coroner may test the bodily fluid extracted during the autopsy of a deceased person to determine if any amount, including a trace amount, of xylazine was…
ARTICLE 3. Vacancy § 27530 · 1 section
- § 27530 If the coroner is absent or unable to attend, the duties of his office may be discharged by any of his deputies with like authority and subject to the same…
CHAPTER 11. Surveyor §§ 27550–27601 · 25 sections
ARTICLE 1. Duties Generally §§ 27550–27564 · 17 sections
- § 27550 The surveyor shall be a person authorized to practice land surveying in this state. The surveyor shall be elected in the same manner and for the same term as…
- § 27550.1 The qualifications for eligibility to a county or district office, required by Section 24001 of this Code, shall not apply to candidates or applicants for, or…
- § 27550.2 Notwithstanding Section 27550, in Solano County, the county surveyor is not an elected position and may be appointed by the Director of Transportation if the…
- § 27551 The surveyor shall make any survey that is required by order of court or the board of supervisors. He shall keep a correct and fair record of all surveys made…
- § 27552 Any person owning or claiming land which is divided by county lines and who wishes to have it surveyed may apply to the surveyor of any county in which any…
- § 27553 When the title of land which is in dispute before any court, is divided by a county line, the court making an order of survey may direct the order to the…
- § 27554 When required the surveyor shall aid and assist the State Lands Commission in making surveys within the county.
- § 27555 When the surveyor is interested in any land, the title to which is in dispute, and a survey is necessary, the court shall direct the survey to be made by some…
- § 27556 The surveyor shall copy, plat, or trace each map filed for record in the office of the county recorder, at the cost of the party filing the map, and is ex…
- § 27557 The surveyor shall plat, trace, blueprint, or otherwise make all county, road, district, and other maps and, at the request of the assessor, make all…
- § 27558 The board of supervisors may provide and pay from county funds for the making or purchase of the maps and block-books by contract with some other competent…
- § 27559 In the preparation of assessors’ maps and block-books the surveyor shall make all investigations and surveys necessary to provide complete and accurate maps.
- § 27560 All maps which are platted, traced, blueprinted, or otherwise so made for the county and all data obtained by the surveyor or person making them from other…
- § 27561 The board of supervisors may provide for the sale at not less than cost of copies of maps prepared for the use of the assessor.
- § 27562 The surveyor shall make such surveys of county roads and perform such other engineering work as the board of supervisors directs. All surveys shall be tied by…
- § 27563 In all surveys the courses shall be expressed according to the true meridian, and the variation of the magnetic meridian from the true meridian shall be…
- § 27564 Within 90 days after making any survey which adjoins or crosses any lands owned by the State, excluding tax-deeded lands but including school lands, swamp and…
ARTICLE 2. Survey Markers §§ 27580–27585 · 6 sections
- § 27580 If in the performance of his official duties any surveyor finds a government corner which has been marked by a government surveyor by placing charcoal in the…
- § 27581 All monuments located in public highways shall be placed with the top not less than 12 inches below the surface of the ground, but when not located in public…
- § 27582 The surveyor shall note witness objects that are within a reasonable distance of any corner, and state distance and course from the corner. He shall record the…
- § 27583 The board of supervisors shall furnish all necessary pipes or stakes for monuments in the county on demand and without cost.
- § 27584 The board may establish a survey monument preservation fund to pay the necessary expenses incurred or authorized by the county surveyor in any retracement or…
- § 27585 (a) For the limited purpose of financing the survey monument preservation fund pursuant to Section 27584, the board may impose a user fee, not to exceed ten…
ARTICLE 3. Expenses and Fees §§ 27600–27601 · 2 sections
CHAPTER 12. County Counsel §§ 27640–27647 · 9 sections
- § 27640 In any county a county counsel may be appointed by the board of supervisors.
- § 27641 The county counsel shall serve for four years from the time of his appointment and until his successor is appointed, subject to the following: (a) He may be…
- § 27641.1 The residence qualifications for eligibility to a county or district office, required by Section 24001, may be waived by the board of supervisors as to any…
- § 27642 Whenever the board of supervisors appoints a county counsel pursuant to this chapter, he shall discharge all the duties vested by law in the district attorney…
- § 27643 The board of supervisors may by ordinance require that the county counsel shall act as attorney for the public administrator in all estates in which he or she…
- § 27644 The board of supervisors shall furnish the county counsel with such assistants as will enable him to perform properly the duties of his office.
- § 27645 Subject to Section 26520, the county counsel shall represent and advise the officers and employees of special districts organized within the county and shall…
- § 27646 Upon designation by the board of supervisors pursuant to Section 5114 of the Welfare and Institutions Code, the county counsel shall represent the county in…
- § 27647 (a) If requested to do so by the Judicial Council, and insofar as these duties are not in conflict with, and do not interfere with, other duties, the county…
CHAPTER 13. Public Defender §§ 27700–27711 · 14 sections
- § 27700 The board of supervisors of any county may establish the office of public defender for the county. Any county may join with one or more counties to establish…
- § 27701 A person is not eligible to the office of public defender unless he has been a practicing attorney in all of the courts of the State for at least the year…
- § 27702 At the time of establishing the office the board of supervisors shall determine whether the public defender is to be appointed or elected.
- § 27703 If the public defender of any county is to be appointed, he shall be appointed by the board of supervisors to serve at its will. The public defender of any two…
- § 27704 If the public defender is to be elected: (a) The board of supervisors shall appoint a public defender who shall hold office until the first Monday in January…
- § 27705 In counties of the first, second and third classes, the public defender shall devote all his time to the duties of his office and shall not engage in the…
- § 27705.1 A public defender shall not during his incumbency defend or assist in the defense of, or act as counsel for, any person accused of any crime in any county,…
- § 27706 The public defender shall perform the following duties: (a) Upon request of the defendant or upon order of the court, the public defender shall defend, without…
- § 27707 (a) The court in which the proceeding is pending may make the final determination in each case as to whether a defendant or person described in Section 27706…
- § 27707.1 The boards of supervisors of two or more counties may authorize their respective public defenders to enter into reciprocal or mutual assistance agreements…
- § 27708 In each county the board of supervisors shall provide suitable rooms for the use of the public defender and office furniture and supplies with which to…
- § 27709 The expense of printing or typewriting the briefs on appeal on behalf of a defendant represented by a public defender is a county charge.
- § 27710 The public defender shall keep a record of all services rendered by him in that capacity and shall file with the board or boards of supervisors annually a…
- § 27711 The annual salary of each public defender shall be such as has been or may be fixed by the county or counties.
CHAPTER 14. Hearing Officer §§ 27720–27728 · 9 sections
- § 27720 The board of supervisors of any county may establish the office of county hearing officer. The duties of the office are to conduct hearings for the county or…
- § 27721 When a state law or local ordinance provides that a hearing be held or that findings of fact or conclusions of law be made by any county board, agency,…
- § 27722 (a) If the hearing officer is authorized to decide a matter upon which a hearing has been held pursuant to Section 27721, the officer shall render a written…
- § 27723 The local body may, but need not be present during the proceeding.
- § 27724 Any county hearing officer, or any deputy or assistant hearing officer, appointed pursuant to this chapter, shall be an attorney at law having been admitted to…
- § 27725 Any other local public entity may contract with the county to employ the services of the county hearing officer. The duties and responsibilities of the hearing…
- § 27726 Such contracting entity is authorized to conduct its hearings in accordance with the provisions of this chapter.
- § 27727 Any county or other local public entity may contract with the Office of Administrative Hearings of the State of California, and the office is hereby authorized…
- § 27728 The provisions of this chapter provide an alternative to, and do not supersede, any other provision of law providing for any matter to be heard or determined…
CHAPTER 15. County Financial Evaluation Officer §§ 27750–27758 · 8 sections
- § 27750 (a) The board of supervisors of any county may designate a county officer to make financial evaluations of defendants and other persons liable for reimbursable…
- § 27751 A county financial evaluation officer is authorized to perform the functions of a probation officer set forth in Sections 275, 276, and 323 of the Welfare and…
- § 27752 (a) A county financial evaluation officer is authorized to make financial evaluations and collect moneys pursuant to Section 3112 of the Family Code, Sections…
- § 27754 Notwithstanding any provision of the Penal Code to the contrary, in any court where a county financial evaluation officer is available, if there are any costs…
- § 27755 (a) At any hearing required by law to determine a person’s ability to pay court-related costs, such person shall have the right to be heard in person and to be…
- § 27756 Notwithstanding Section 903.4 of the Welfare and Institutions Code, in any county where the board of supervisors has designated a county financial evaluation…
- § 27757 (a) Except as otherwise ordered by the juvenile court, a county financial evaluation officer, upon satisfactory proof, may reduce, cancel, or remit the costs…
- § 27758 Any report of the county financial evaluation officer filed with the court may be inspected or copied only as follows: (a) By any person, from the date…
CHAPTER 16. Chief Probation Officer §§ 27770–27773 · 4 sections
- § 27770 (a) A chief probation officer shall be appointed in every county. He or she shall be nominated by the juvenile justice commission or regional juvenile justice…
- § 27771 (a) The chief probation officer shall perform the duties and discharge the obligations imposed on the office by law or by order of the superior court,…
- § 27772 (a) Except as provided in Section 69906.5, the chief probation officer may appoint deputies, assistants, and other persons, and their compensation shall be…
- § 27773 The office of chief probation officer shall not be consolidated with any other office, nor shall the services provided by the chief probation officer be…