ROS Checking Fees for City

[Stan_K]

I am drawing a blank on this one. I believe there is a law that basically states checking fees are waived for governmental agencies. Placer County has stated they only waive fees for Caltrans submittals.

Can anyone point me towards the corect section?

[pls7809]

Maybe PLS Act 8765(a), but that doesn't really say anything about fees being waived.

8765. Record of survey - exemptions
A record of survey is not required of any survey:
(a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder’s statement, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection.

If you are a private surveyor doing a survey for the City or agency, being your client, all bets are off.

I see this statement on Caltrans RS's - "Exempt Recorded Requested per Government Code 6103" which is the code Caltrans uses to not pay fees and it appears cities may qualify, but I'm not an attorney and there are many exemptions to 6103 listed in subsections below it.

Government Code 6103
6103. Neither the state nor any county, city, district, or other
political subdivision, nor any public officer or body, acting in his
or her official capacity on behalf of the state, or any county, city,
district, or other political subdivision, shall pay or deposit any
fee for the filing of any document or paper, for the performance of
any official service, or for the filing of any stipulation or
agreement that may constitute an appearance in any court by any other
party to the stipulation or agreement. This section does not apply
to civil jury fees or civil jury deposits. This section does not
apply to the State Compensation Insurance Fund or where a public
officer is acting with reference to private assets or obligations
that have come under that officer's jurisdiction by virtue of his or
her office, or where it is specifically provided otherwise. No fee
shall be charged for the filing of a confession of judgment in favor
of any of the public agencies named in this section.
No fee shall be charged any of the public agencies named in this
section to defray the costs of reporting services by court reporters.
Such fees shall be recoverable as costs as provided in Section
6103.5.

[Propst]

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, except for making a copy of a
paper or record.

[Dave Karoly, PLS]

Caltrans only is incorrect.

All government agencies are not only exempt, they are PROHIBITED from paying the fee according to our General Counsel.

See Government Code 6103.

6103. Neither the state nor any county, city, district, or other
political subdivision, nor any public officer or body, acting in his
or her official capacity on behalf of the state, or any county, city,
district, or other political subdivision, shall pay or deposit any
fee for the filing of any document or paper, for the performance of
any official service, or for the filing of any stipulation or
agreement that may constitute an appearance in any court by any other
party to the stipulation or agreement. This section does not apply
to civil jury fees or civil jury deposits. This section does not
apply to the State Compensation Insurance Fund or where a public
officer is acting with reference to private assets or obligations
that have come under that officer's jurisdiction by virtue of his or
her office, or where it is specifically provided otherwise. No fee
shall be charged for the filing of a confession of judgment in favor
of any of the public agencies named in this section.
No fee shall be charged any of the public agencies named in this
section to defray the costs of reporting services by court reporters.
Such fees shall be recoverable as costs as provided in Section
6103.5.

[Stan_K]

Thanks - 6103 is the one I was remembering.

[Steve Martin]

Also Government Code 27383 helps with the Recorder's Office.

"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, except for making a copy of a
paper or record."

[PLS7393]

A couple things to remember when a consultant is preparing a map for a government agency. Some counties require the agency to sign the map, otherwise they look at is as if the map is by a private surveyor. In that case, I suggest having two signatures, one by the surveyor and one by the city authorizing the map be prepared, on their behalf. We have run into this even when the record of survey showed a city title block.

[Dave Karoly, PLS]

Yes, that is right. If a private consultant does a Survey and files an R/S then they have to pay the fees which, naturally, are passed along to us on the invoice. It's an exception to the rule.