RS Fees

[bryanmundia]

I have noticed an increase in questions and concerns arising from the recent change to a full cost recovery model and I was just curious, has anyone thought about not paying the fees and force filing the RS? I understand that there is some apprehension with doing so but as an idea, what is the thought about using a third party surveyor that is in your area and competent in boundary establishment, as a unbiased reviewer of your survey, have them stamp that they reviewed the map and find it to be technically correct and then submit the map to the County Surveyor's office requesting that the map be filed? I understand that according to 8764.5 and 8766 the County Surveyor must sign and review the map for specific requirements in 8762.5, 8763, 8764.5, 8771.5 and 8772 but that they cannot really comment too much on your methods of establishment (granted as long as it isn't complete garbage).

[David Kendall]

Please let us know if that works

[Jim Frame]

has anyone thought about not paying the fees and force filing the RS?

There was a guy who tried this in the late 1990s. The basis for his claim was that if he's required by the state or county to file a ROS, the state or county should pay for the ROS preparation and filing. I believe he took this all the way to an appellate court. The outcome was not surprising.

[marchenko]

Your youthful enthusiasm is very encouraging. Thanks!

[Anthony Maffia]

Ooooh, sounds interesting.

[E_Page]

Interesting idea but as no-go.

The CS must sign that the review was performed by him (or her) or under his direction. Therefore, a 3rd party review doesn't fit the bill unless the 3rd party is contracted by the county for that purpose.

And your a bit off on the CS's authority with regard to methods. They have no authority to require you to alter your methods (to do something more or different than what you did), but they do have the authority to comment on any aspect of your survey or map.

If you're trying to decrease the cost of review, you're out of luck. Although the PLSA states "no more than $100", that phrase was rendered moot by the inclusion of the authority of the County Board of Supervisors to authorize a higher fee.

If you're trying to bypass incompetent or overreaching review, you might at least have some basis to advance some action, but not the one you propose unless the 3rd party is contracted by the county for map review. You can first try the approach of addressing sensible and legitimate comments and explain in a separate letter why you are not addressing others (assuming there are some you are not addressing which are not related to specific requirements of the PLSA).

If incompetent or inadequately supervised review is a recurring problem, try getting a few other local surveyors and have a civil meeting (as opposed to a b!tch session in which you gang up to tell the CS how he's failing in his responsibilities) about your legitimate concerns and possible solutions that the CS can feasibly implement. Being in OC, you have an effective PPC in your chapter. Start there. For most chapters, if they have a PPC, they often lack the fortitude to have a potentially uncomfortable discussion with the CS if there is a possibility of it rising to anything beyond mild disagreement.

If these civil and collaborative efforts fail, keep careful and complete records which demonstrate the incompetent and/or overreaching review, put together a coherent and organized complaint that explains the problem, why it is a problem (timelines, costs, and most importantly, violation of law), and demonstrates the extent of the problem. If you are able to meet with your District County Supervisor and that person is approachable, intelligent and receptive, that may be a good place to take the complaint next. If you meet with local officials higher up the chain than the CS, again, have some reasonable ideas which can be reasonably implemented and reasons why they should (those reasons need to be couched in terms of how they benefit the County, and if possible, the official you are discussing it with. Politicians are self-serving critters that don't really give a darn how you or your clients are affected - unless it's something they can claim credit for to raise funds and gain votes in the next election).

If that fails, take it to the Board (but without any suggested solutions - they tend to resent that sort of thing) and hope that they engage a competent "expert" and decide it on the facts rather than the personalities involved. When decided on facts, and if the facts clearly support your complaint, Board survey staff can usually get positive results with an informal chat with the CS.


Marchenko,

Even though I'm feeling cranky and a bit out of sorts today, you made me chuckle. Best post of the day.

[David Kendall]

Even though I'm feeling cranky and a bit out of sorts today, you made me chuckle. Best post of the day.

You’re oddly prolific when you’re out of sorts! My vote for best post of the day goes to your Deregulation - Parts 1 and 2

[Peter Ehlert]

Even though I'm feeling cranky and a bit out of sorts today, you made me chuckle. Best post of the day.

You’re oddly prolific when you’re out of sorts! My vote for best post of the day goes to your Deregulation - Parts 1 and 2

I do Highly agree with that David. I anxiously await Part 3

[E_Page]

I got home late yesterday and not feeling as cranky now. Maybe I should wait until something frustrates me so I can be in the same groove.