The Blank Copy Behind the Title Cloud
The City's produced case file contains only an unsigned, un-notarized copy of the instrument recorded against the property's title — titled "Notice of Pending Enforcement Proceeding or Action" and citing Health and Safety Code sections 17980 and 17985 — which the 04/12/2023 cover letter called "A Declaration of Sub-Standard Building." The executed version was recorded on 05/08/2023 — after the 04/12/2023 cover letter's single sentence about the instrument stated that the Declaration "has been recorded with the County Recorder" M123. The instrument reaches the property record by recording, not by mail M122, and it is not among the components listed on the packet's two Proofs of Service — by Certified Mail and by First Class Mail: Letter, Notice and Order, Attachment A, Warning Statement, Notice of Change of Owner's Address, Three-Day Receivership Notice, Appeal Request Form, Correction List, and Proof of Service M123. Behind both the served packet and the recorded notice, the produced file shows no completed inspection report and no completed property-specific findings document R.25-3549 R.26-1549.
The case-specific copy the City produced is unexecuted. It names Peter Lemos as Code and Housing Enforcement Chief and ends at a blank signature line M122. The notary certificate for the same instrument, at the top of the next page, is also empty — "On ____ before me, ____ (Notary Public), personally appeared Peter Lemos" with no date and no notary entered, and "WITNESS my hand and official seal. Signature" left blank M123. By its printed terms, that certificate "verifies only the identity of the individual who signed the document … and not the truthfulness, accuracy, or validity of that document," and it carries the line "I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct" M123.
The page as produced is not an executed original. A blank *SAMPLE* copy of the same notice — older wording ("Title 8" rather than "Chapter 8"), the prior "personally known to me" acknowledgment that omits the penalty-of-perjury certification, and the signatory line filled with Willie Harris, Principal Building Inspector — sits directly above the unsigned case-specific block, with two separate "Space above this line for Recorder's use" headers on the one page M122.
The only signed, notarized, and recorded version of this instrument appears not in the City's Case File but on a separate Sacramento County Recorder image: Doc 202305081060, Peter Lemos's signature, Consuelo Ramos notarizing on 04/25/2023, recorded 05/08/2023 at 4:45:14 PM EX1. The 04/12/2023 cover letter told the owner the Declaration "has been recorded" M123; the County's stamp is 05/08/2023, 26 days later, and the notarization date, 04/25/2023, is 13 days after the order's face date. The recording date and the notary date appear only on the County image; full-text searches of all 631 pages of the Case File return zero hits for the recorder stamp or the notary date.
IN PLAIN TERMS
The document that encumbers the property's title is not a page in the mailed Notice-and-Order packet. It works by being recorded at the County. The City's April 12, 2023 letter told the owner the Declaration had been recorded. The County image shows recording on May 8, 2023, twenty-six days later. The City's case file does not contain that executed, recorded copy. It contains a sample form and a case-specific form whose signature and notary blocks are blank. And the produced file still contains no completed inspection or findings record behind the order the recorded notice rests on.
RECORD CHAIN
- The served packet and the recorded title notice are two different documents. The City's enforcement was served as a mailed Notice and Order packet, and the two Proofs of Service enumerate its components; the Notice of Pending Enforcement Proceeding is not one of them M123. That instrument reaches the property's title by recording M122. Across the closed-as-complete productions the file shows no completed inspection report and no completed property-specific findings document behind either R.25-3549 R.26-1549.
- The title instrument, produced blank. The Notice of Pending Enforcement Proceeding places a public encumbrance on the property under H&S Code 17980/17985 M122. As the City produced it, its case-specific block ends at a blank signature line M122 and its notary certificate of acknowledgment is entirely empty — no date, no notary, no signature M123.
- The acknowledgment certificate is unexecuted. The certificate states its function on its face: it "verifies only the identity of the individual who signed the document … and not the truthfulness, accuracy, or validity of that document," and the notary completes it "under PENALTY OF PERJURY" M123. In the produced instrument that certificate shows no signer, no notary, and no date.
- The produced page is an exemplar over an unsigned copy. On the produced page a blank
*SAMPLE*copy of the same notice — older "Title 8" wording, the prior "personally known to me" acknowledgment without the penalty-of-perjury line, signatory "Willie Harris, Principal Building Inspector" — sits above the unsigned case-specific block, with two "Space above this line for Recorder's use" headers marking the two copies M122. Neither copy is a completed instrument. - The exemplar's named signatory is a current City official. Willie Harris is a City Principal Building Inspector who appears elsewhere in the production: the 09/02/2025 Notice and Orders in this same case are dated under "Willie Harris, Principal Building Inspector" over a "By ____ Paul" line M543 M554. The order in this packet follows the same structure — "Dated 04/12/2023 Bo Cosley, Principal Building Inspector," over "By ____ Paul" M124; the signature-authority question that structure raises is developed in Card 5.
- The executed copy appears only on the County Recorder image, dated after the cover letter's statement. The signed, notarized, recorded version is not in the City's production; it is a standalone County Recorder image — Lemos's signature, Ramos's 04/25/2023 notarization, the 05/08/2023 4:45:14 PM recorder stamp, Doc 202305081060 EX1. The 04/12/2023 cover letter mailed to the owner stated the Declaration "has been recorded with the County Recorder" M123; the County's stamp is 05/08/2023, 26 days later. The letter described the instrument as recorded before the County recorded it.
- The inspection predicate the file does not contain. City code commences substandard- and dangerous-building proceedings only after the building official has "inspected or caused to be inspected" the building SCC.8.100.700 SCC.8.96.130; the state statute parallels that structure HSC.17980.C.1 and governs the recording of the notice HSC.17985. The packet recites the determination as already made M124, but the file the City closed as complete R.25-3549 R.26-1549 shows no completed inspection report or property-specific findings document behind it, only the incomplete B31/B59 Correction List M125. The single pre-order observation is a neighbor-lot exterior glance, carried in Card 2 and Card 7; this card cross-links that predicate rather than re-proving it.
FULL CIRCLE
The recorded notice exists in two states in the record. In the City's produced case file, the case-specific copy is unexecuted: blank signature line, blank notary date, no notary, no signature M122 M123. In the County Recorder image, the instrument is signed by Peter Lemos, notarized on 04/25/2023, and recorded on 05/08/2023 EX1. The City's mailed packet proof does not list the Notice of Pending Enforcement Proceeding as a served component; the cover letter states the Declaration "has been recorded" M123.
The City may argue: the produced page is just a file copy and the operative instrument is the executed one recorded with the County; the Chief had positional authority to sign; and recorder timing is independent of service and appeal deadlines.
That answer narrows the issue but does not remove it. If the County image is the operative instrument, the City's production still omitted the executed copy and produced only the blank form. The cover letter's April 12 statement that the Declaration had been recorded does not match the May 8 recorder stamp. And whichever copy controls, the recorded notice rests on the same predicate gap as the order: the produced file shows no completed inspection report or property-specific findings behind a recorded title encumbrance, only the B31/B59 Correction List M125 Card 2 Card 4.
The finding rests on three record facts: the cover letter stated the Declaration had been recorded 26 days before the County's recording date; the City's case file contains only a blank copy of the instrument; and the produced file contains no completed inspection or findings record behind the recorded enforcement notice.
APPLICABLE LAW
- SCC.8.100.700: City inspection/determination predicate — building official must have inspected or caused to be inspected before substandard-building proceedings commence
- SCC.8.96.130: Dangerous-building chapter — same inspection-before-proceedings structure
- HSC.17980.C.1: State Health and Safety Code inspection/determination predicate for substandard-building correction proceedings
- HSC.17985: State recording provision for enforcement notices. Subsection (a) requires an enforcement agency that institutes an action or proceeding to record a notice of the pendency of the action in the county recorder's office, and provides that the notice "shall be recorded at the time of the commencement of the action or proceeding." Subsection (b) requires a notice of final disposition to be recorded immediately following final resolution. EX1 is a subsection (a) pending-enforcement notice.
SOURCE CITATIONS USED BY THIS CARD
- M122 — May production p.122: the recordable Notice of Pending Enforcement Proceeding or Action. One page carries two stacked copies, each with its own "Space above this line for Recorder's use" recording header: (top) a blank
*SAMPLE*exemplar — older "Title 8" wording, the "personally known to me" acknowledgment with no penalty-of-perjury certification, signatory "Willie Harris, Principal Building Inspector"; (bottom) the case-specific block — Case 23-009185/Paul/MA, 4880 T ST, Jackie Baritell Trust, "Peter Lemos, Code and Housing Enforcement Chief," ending at a blank signature line. Both copies unsigned; recorder/notary fields empty. - M123 — May production p.123 and the following served-packet pages (through p.132): (top of p.123) the case-specific notary certificate of acknowledgment for the Lemos instrument — the "verifies only the identity of the individual who signed … not the truthfulness, accuracy, or validity" disclaimer, "personally appeared Peter Lemos," the "PENALTY OF PERJURY" certification, and "WITNESS my hand and official seal. Signature" — all blank, no date/notary/signature; (p.123 body) the 04/12/2023 cover letter (Paul) reciting fees and stating "A Declaration of Sub-Standard Building regarding this property has been recorded with the County Recorder"; and the two Proofs of Service (Certified Mail and First Class Mail, both dated 04/12/2023) listing the served Notice and Order Packet components — Letter, Notice and Order, Attachment A, Warning Statement, Notice of Change of Owner's Address, Three-Day Receivership Notice, Appeal Request Form, Correction List, and Proof of Service — which do not include the Notice of Pending Enforcement Proceeding.
- M124 — May production p.124: Notice and Order face page — "has caused to be inspected and has determined," Chapter 8.96 and/or 8.100, dated 04/12/2023 under "Bo Cosley, Principal Building Inspector," over a "By ____ Paul, Building Inspector III" line.
- M125 — May production p.125: attached Correction List listing B31/B59 and stating the violation list is incomplete and that neither interior nor exterior had been completely inspected.
- M543 — May production p.543: Notice and Order, Case 23-009185, 4880 T ST, dated 09/02/2025 under "Willie Harris, Principal Building Inspector," over a "By ____ Paul" line — establishes Willie Harris as a real City Principal Building Inspector and the issued-under-one-name / signed-by-Paul pattern.
- M554 — May production p.554: a second 09/02/2025 Notice and Order, Case 23-009185, 4880 T ST, likewise dated under "Willie Harris, Principal Building Inspector" over a "By ____ Paul" line.
- R.25-3549 — NextRequest 25-3549 closed-as-complete production; establishes production completeness for the absence-of-predicate finding
- R.26-1549 — NextRequest 26-1549 closed-as-complete production
- Case File —
M; full May Case File review citation for the absence of the executed County Recorder image and the absence of completed inspection/finding predicate records in the produced file.
CARD REFERENCES
- Card 2 — No inspection/consent/warrant/findings predicate before the order; carries the inspection-record gap this card cross-links.
- Card 5 — Signature-authority/delegation gap on the order itself (Cosley/Paul); the issued-under-one-name, signed-by-Paul pattern developed there.
- Card 7 — the two-date garage verification and future-tense issuance note behind the order's inspection recital.
- Card 4 — Record-production completeness baseline; City closed CPRA production as complete.