§ 61.1903 — Definitions

§61.1903 Definitions

The meaning of the various terms, as used in this Division, shall be as follows: (a) 1911 ACT means the Improvement Act of 1911 (commencing with Section 5000, Streets and Highways Code) and any other special assessment act or procedural ordinance providing for an earlier hearing on the resolution of intention and a separate and later hearing on the assessment. (b) 1913 ACT means the Municipal Improvement Act of 1913 (commencing with Section 10000, Streets and Highways Code) and any other special assessment act or procedural ordinance providing for a single combined hearing upon the resolution of intention and the assessment. (c) APPLICANT means the person or persons filing an application for assessment deferral or whose application has been finally approved by the Department. (d) ASSESSMENT BOND means an obligation to pay money at a definite time or times, issued or to be issued, to represent an unpaid assessment pursuant to the provisions of the Improvement Act of 1911 (commencing with section 5000 of the California Streets and Highways Code) or the San Diego Improvement District Procedural Ordinance of 1982. (San Diego Municipal Code section 61.2300, et seq.) (e) ASSESSMENT DEFERRAL FUND has the meaning set forth in Section 61.1904. (f) BOND AGREEMENT has the meaning set forth in Section 61.1911.1. (g) CITY means The City of San Diego. (h) CITY MANAGER means the City Manager and any officer, department, or division of the city designated by him for the administration of this Division. (i) COMPLETED PROCEEDING means a special assessment proceeding in which assessment bonds have been delivered by the City to the person or persons entitled thereto. (j) INCOME means all income of any nature from any source derived, including, but not limited to, salaries, wages, dividends, interest, capital gains, rents, income from the operation of a farm or business, income from the sale or exchange of property, gifts, inheritances, Social Security payments, other retirement benefits, welfare benefits, alimony and support payments and any other thing of economic value. (k) LOW–INCOME OWNER means an owner (i) whose income is within the guidelines for low–income citizens and families set by the United States Department of Housing and Urban Development, Economic Marketing Analysis Division, as adjusted annually for the San Diego Metropolitan Statistical Area and (ii) whose net assets do not exceed $10,000. (l) MORTGAGE means a mortgage deed, a deed of trust, or any other instrument which constitutes a lien on real property. (m) NET ASSETS means all real and personal property of any character which a low–income owner owns or has an interest in, including stocks, bonds, and savings accounts but excluding the real property subject to assessment deferral. (n) OWNER means the person or persons owning and occupying real property in The City of San Diego which is subject to special assessment pursuant to the 1911 Act or 1913 Act and successors in interest or the legally appointed representatives of such person or persons. (o) PENDING PROCEEDING means a special assessment proceeding in which the resolution of intention has been adopted but the assessment bonds have not been delivered by the City to the person or persons entitled thereto. (p) REFINANCING means any new indebtedness incurred by an owner after delivery to the City of a bond agreement or a mortgage pursuant to this Division and any extension, modifications, or additional advances made upon any indebtedness previously incurred by an owner, where such indebtednesses are secured by a mortgage on all or any part of the real property in which the City has a security interest. (q) SAN DIEGO IMPROVEMENT DISTRICT PROCEDURAL ORDINANCE OF 1982 means any assessment bond issued pursuant to the provisions of Chapter 6, Article 1 of Division 23, commencing with section 61.2300 of this Code. (r) SECURITY or SECURITY INTEREST has the meaning set forth in section 61.1910. (s) TRANSFER, when referring to real property, means any sale, exchange, gift, or lease of real property or any interest therein, whether made by the original owner, any successor in interest or legally appointed representative of the owner or made pursuant to the laws of inheritances and succession.

(Amended 10–24–1983 by O–16065 N.S.)