Reassessment

San Diego Municipal Code ch. 6, art. 1, div. 7, pt. D

in effect

San Diego Municipal Code § 61.0760 Events Requiring Reassessment

§61.0760 Events Requiring Reassessment A reassessment shall be issued in any of the following events: (a) When an assessment made, issued, or filed in the office of the Clerk, or any bonds issued to represent the amounts of any such assessment, have been set aside by a court of competent jurisdiction, or when the court has refused to enforce an assessment or has decreed any such bonds not to constitute or represent valid and subsisting liens against the lots or parcels of land upon which the assessments represented by them have been levied. (b) If for any reason the assessments or bonds, or both, are not effective and the curative and waiver provisions of this Ordinance or any curative act passed by the Legislature in relation to them fail to make them valid and enforceable. (c) Upon the initiative of the Council if it is of the opinion that all or any part of the assessments or bonds are not enforceable. (“Events Requiring Reassessment” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0761 Scope

§61.0761 Scope It is the intent of this part to make the cost and expense of the acquisition and improvement made, or attempted to be made, through an attempted compliance with this Ordinance payable by the real property benefited by the acquisition and improvement by making a reassessment for that purpose. The power of reassessment embraces both a full and partial reassessment, and is not exhausted by a single attempted exercise of the power. (“Scope” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0762 Circumstances Requiring Reassessment

§61.0762 Circumstances Requiring Reassessment Whenever the owner or holder of any bonds issued to represent or to be secured by assessments requests the Council to order a reassessment and the Council is of the opinion that such bonds are not enforceable, it shall order the making and issuing of a reassessment covering only the assessments represented by, or securing the bonds owned or held by, the petitioner. (“Circumstances Requiring Reassessment” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0763 Same

§61.0763 Same If in any suit involving the validity of the obligation of any bond or assessment a court of competent jurisdiction for any reason holds the lien of the assessment or bond to be unenforceable, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit. (“Same” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0764 Same

§61.0764 Same If in any suit to set aside the lien of any assessment or of any bond representing any assessment, or in any suit to quiet title against the lien of any such assessment or bond, or in any suit to enjoin the making, filing, confirmation, or issuance of any assessment or bond to pay for the cost and expenses of any acquisition and improvement pursuant to this Ordinance, a court of competent jurisdiction in its judgment decrees such assessments or bonds to be void or unenforceable or enjoins the making, filing, issuance, or confirmation of any such assessment or bond, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit. (“Same” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0765 Same

§61.0765 Same If in any suit contesting the validity and legal force and effect of a sale to foreclose the lien of any assessment or bond a court of competent jurisdiction decrees the sale to be void or unenforceable for any reason, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit. (“Same” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0766 Decree

§61.0766 Decree If a reassessment is directed by a decree of court or by an order of the Council, the City Engineer shall proceed to make a reassessment. (“Decree” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0768 Same

§61.0768 Same If the reassessment is a partial one only, it is not necessary for the diagram to show any lots other than those covered by the partial reassessment. If it is a full reassessment, the City Engineer shall prepare and file with the reassessment a diagram showing the lots or parcels of land deemed by him to be benefited by the improvement. (“Same” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0769 Amount and Basis

§61.0769 Amount and Basis The reassessment shall assess upon and against each of the lots or parcels of land contained in it an amount determined as follows: (a) The benefits derived, or to be derived, by each of the lots or parcels of land from the acquisition and improvement estimated as of the date of the filing in the Clerk’s office of the original assessment shall first be listed. (b) Interest shall be added to amounts determined pursuant to (a) from the date of recording of the original assessment at the rate of seven percent (7%) a year. (“Amount and Basis” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0770 Limitation

§61.0770 Limitation The total of the reassessment, exclusive of interest, shall not exceed the cost and expense of the acquisition and improvement. (“Limitation” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0771 Form

§61.0771 Form The reassessment need not be in any prescribed form. It shall: (a) Refer to the original assessment and set forth the date it was filed. (b) State that it is made pursuant to the order of the Council or decree of court, as the case may be. (c) Be accompanied by a diagram showing the lots or parcels of land to be reassessed and their relation to the improvement. (“Form” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0772 Presentation to Council

§61.0772 Presentation to Council The reassessment shall be presented to the council which shall fix a time for hearing. The hearing shall be at least twenty (20) days after the presentation of the reassessment. (“Presentation to Council” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0773 Notice

§61.0773 Notice The Clerk shall advertise the time of hearing by publishing a notice in the newspaper in which the resolution of intention for the acquisition and improvement was published unless the Council directs publication in some other newspaper. The notice shall be published once, the publication being at least ten (10) days prior to the date of the hearing. If the reassessment is to be against the property in a district, this fact shall be set forth and the reassessment diagram referred to for particulars. (“Notice” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0774 Hearing

§61.0774 Hearing At the time fixed for the hearing or at any time to which the hearing is adjourned, the Council shall consider the objections to the reassessment and may informally direct the revision, correction, and modification of the reassessment in such manner as is most equitable to apportion to each lot or parcel of land benefited the amount of the actual benefits derived from the acquisition and improvement. (“Hearing” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0775 Confirmation

§61.0775 Confirmation When the reassessment is revised, corrected, or modified to comply with its judgment, the Council shall pass a resolution confirming the reassessment. (“Confirmation” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0776 Certification

§61.0776 Certification The Clerk shall certify at the end of the reassessment that it is the reassessment approved by the Council. (“Certification” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0777 Recordation

§61.0777 Recordation The City Engineer shall record the reassessment with the Clerk’s certificate. The City Engineer shall note opposite the several assessments in the original assessment that have been displaced by the reassessment the fact that the reassessment has been made giving its date, and shall credit upon the reassessment all payments made upon the original assessment or upon the bonds issued to represent the original assessment, and interest on the payments at the rate of seven percent (7%) a year from the date of the payments. (“Recordation” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0778 Collection

§61.0778 Collection The reassessment shall be collected, paid, and enforced in the same manner as an original assessment, and shall have the same weight in evidence. (“Collection” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0779 Bonds

§61.0779 Bonds If bonds were issued under or upon the security of the original assessment, they shall issue upon the reassessment for the sum reassessed against the lots or parcel of land covered by it. (“Bonds” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0780 Cancellation

§61.0780 Cancellation When the reassessment is recorded, the original assessment shall be canceled by the City Engineer so far as it affects the particular assessments involved. New bonds shall not be issued until the original bonds are delivered up to the Treasurer who shall cancel them. The lien of the reassessment shall hold its relative rank as to other special assessment liens as of the date of filing of the original assessment. (“Cancellation” added 2–27–1969 by O–9976 N.S.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art01Division07.pdf#page=13Fetched: 10/28/2026