The Fee-Status Answer Missing from the Same-Day Reply

Case 23-009185 | Card 26 | 4880 T Street, Sacramento CA 95819

On September 2, 2025, the City re-issued and re-posted the Notice and Order M009 M022 M541 M543. The re-issued order's cover letter stated the effect of the re-issuance on prior fees, but the City's produced reply to a same-day written question on that subject did not give that answer. The cover letter recites that the order "does not assess any additional fees," that its purpose is to "restate" the compliance requirements, and that the recorded Declaration "will be cleared when permits are finalized and all outstanding fees assessed under the previous Notice and Order have been paid" M541.

That same day, Christopher Foley asked the City in writing whether the new order voided the prior one "along with any fines or fees attached to it, with all future enforcement based only on the new notice" E3. Inspector Paul's produced reply E3 directed him to "the owner of the property" and addressed neither the voiding question nor the status of prior fees. The recipient list on the produced copy is the subject of Card 28; this card addresses the omission itself — the fee-status answer appeared in the City's own re-issued order, and the produced reply to the question did not include it.

IN PLAIN TERMS

The City re-issued its Notice and Order on September 2, 2025. The cover letter answered the fee question: the new order added no fees, and the fees owed under the old order still had to be paid before the recorded Declaration would be cleared. That same day, Christopher Foley asked the City in writing whether the new order voided the old one and its fines and fees. The produced reply did not answer him. It directed him to the owner of the property. The answer was already written in the City's own cover letter.

RECORD CHAIN

  1. The underlying order is the April 12, 2023 Notice and Order. The re-issuance restates the Notice and Order first issued April 12, 2023 M123; the re-issued order's cover letter leaves outstanding fees assessed under that previous order payable M541.
  2. The City re-issued and re-posted it on 09/02/2025. The activity log records "HSG - REISSUE N AND O" (Monica Atkins, 09/02/2025) and a same-day posting by Arrion Gildersleeve ("I posted the property with Notice and Order. The Declaration of Posting is in the case file. Photos taken."); the 09/10/2025 green-card return entry ("GREEN CARD RECVD — Re-Issue Notice & Order," Paul) appears on the same page M009. The documents index shows the merge document "HSG - Re-Issue N&O.htm" (08/29/2025), the produced order "rn23-009185.pdf" (09/02/2025) with the label "Re-Issue Notice & Order," and two same-date green-card entries M022. The cover-letter continuation/signature page is produced at M542; the re-issued Notice and Order body is produced at M543.
  3. The re-issued order's cover letter states the effect on prior fees/charges. The cover letter recites that the current order "does not assess any additional fees," that its purpose is to "restate what is required to bring the property into compliance," and that the recorded Declaration "will be cleared when permits are finalized and all outstanding fees assessed under the previous Notice and Order have been paid", and that charges are imposed "pursuant to Chapters 8.96 and/or 8.100 of the Sacramento City Code" M541.
  4. Christopher Foley put the voiding and fee question in writing. His 09/02/2025 email asked whether the new order voided the prior one "along with any fines or fees attached to it, with all future enforcement based only on the new notice" E3.
  5. The City's produced reply did not give him the fee-status answer. The reply directed Foley to "the owner of the property" E3 and addressed neither the voiding question nor the status of prior fees. The produced copy's recipient list E3 is the subject of Card 28.

FULL CIRCLE

The City re-issued and re-posted its Notice and Order on September 2, 2025. The re-issued order's cover letter states the fee-status effect: no new fees, a restatement of the existing requirements, and outstanding fees assessed under the previous Notice and Order payable until cleared M541. The re-issued-order procedure operates under SCC.8.100.720, with the dangerous-building parallel in SCC.8.96.130. Christopher Foley put the voiding and fee question in writing the same day E3. The produced reply E3 sent him to "the owner" and did not state the fee-status answer.

The expected response is that the re-issued order's cover letter already states the effect — no additional fees, prior fees still payable — so the answer was on record, and the reply merely routed the representative to "the owner" on authority grounds.

The cover letter does state the fee-status effect M541; this card's finding rests on that fact. Foley's same-day question asked about that subject in writing E3, and the produced reply did not include the answer the cover letter contained. The card does not assert that the cover letter was concealed, or that the City could never route communications through the owner. The closed productions R.25-3549 R.26-1549 R.26-1965 contain no reply to Foley stating what the re-issued order stated; a later-surfacing reply would be measured against the completeness baseline in Card 4 and the email-production exemplar in Card 46.

As produced, the record contains the fee-status answer in the re-issued order's cover letter and a same-day reply to the written question that does not give it.

APPLICABLE LAW

SOURCE CITATIONS USED BY THIS CARD

CARD REFERENCES