Dealing with the city on Public Record and Code Violations Request


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  • I’ve found that the majority of cities don’t have too much of an issue with providing this information but I’ve come across a couple that do. Some say that no such list exists and then I got a response recently that was kind of interesting. Was wondering if anyone in CA or other states have received similar responses?

    This is what the city clerk’s response back to me was:

    Pursuant to California Government Code Section 6254 and Evidence Code Sections 1040-1041, et. seq., the City has the privilege of not disclosing open code enforcement violations, therefore, no documents will be given.

    I looked into those sections and dug out some things that I think they are referencing…

    6254. Except as provided in Sections 6254.7 and 6254.13, this
    chapter does not require the disclosure of any of the following
    records:

    (b) Records pertaining to pending litigation to which the public
    agency is a party, or to claims made pursuant to Division 3.6
    (commencing with Section 810), until the pending litigation or claim
    has been finally adjudicated or otherwise settled.

    I could get the other sections referenced but I figure this gives a decent idea.

    I’m not sure how the Freedom of Information Act and this coincide and how to deal with it. Of course there are other ways to get deals but just curious if anyone else has experienced something similar and how they dealt with it.

    Thanks!

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