Change of Work, Boundaries or Proceedings

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

in effect

San Diego Municipal Code § 61.0657 “Changes”

§61.0657 “Changes” “Changes” as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. (“Changes” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0658 Time for Change

§61.0658 Time for Change Unless the power to proceed shall have ceased at the conclusion of the hearing on the resolution of intention because of a majority protest, at any time before the confirmation of the assessment the Council may make changes in, to or from the boundaries of the proposed assessment district, the work proposed to be done, or any act, determination or provision made, or permitted to be made, by the Council under and pursuant to this Ordinance, which act, determination or provision does not affect the jurisdiction of the Council to order the work or improvement; provided, that after the award of the contract no such changes shall be made without the written consent of the contractor or the bidder to whom the contract shall have been awarded. The Council shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the work. (“Time for Change” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0659 Changes Ordered

§61.0659 Changes Ordered At the hearing on the resolution of intention, the Council, without further notice and hearing, may order any changes, as defined in Sections 61.0657 and 61.0658, except changes to include additional territory in the assessment district. Any changes to include additional territory and all changes after the hearing on the resolution of intention shall be ordered only provided in this part. (“Changes Ordered” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0660 Resolution

§61.0660 Resolution Before ordering any changes made, the Council shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the work by reason of said proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before the Council and show cause why said changes should not be ordered; said notice shall be omitted if the hearing of objections is not required as provided hereunder. Said resolution may describe said changes by referring to maps, plats, plans, profiles, detailed drawings or specifications on file in the office of the Clerk or Engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof. The resolution shall be published pursuant to Section 6061 of the Government Code, at least ten (10) days prior to the date of the hearing. The hearing of objections shall not be required if the Council, when considering passage of the resolution, finds and determines by a majority vote of all members thereof, that all of the owners of lots or lands liable to be assessed, or their agents (who shall make oath that they are such agents), have signed and filed a petition waiving said hearing, with the Clerk, on or before the fifth day prior to the day that the resolution is considered for passage, declaring that they do not have any objections to the proposed changes and requesting that the hearing of objections shall not be required. (“Resolution” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0661 Additional Land

§61.0661 Additional Land If said resolution proposes to include additional territory in the assessment district, at least fifteen (15) days prior to the hearing fixed therein, the Clerk shall mail a copy of such resolution to all persons owning real property within said additional territory whose names and addresses appear on the last equalized assessment roll or as known to the Clerk. This section shall not apply if the hearing of objections is not required pursuant to Section 61.0660. (“Additional Land” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0662 Objections

§61.0662 Objections Written objections to the proposed changes may be filed with the Clerk by any interested person at any time not later than the time set for the hearing. The Council shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If no written objections to said changes have been delivered to the Clerk up to the hour set for hearing thereon, or if said objections have been heard and found by the Council to be insufficient or have been overruled or denied, immediately thereupon the Council by an affirmative vote of four–fifths of its members shall acquire jurisdiction to order said changes made. If the hearing of objections is not required, pursuant to Section 61.0660 immediately upon passage of the resolution the Council shall acquire jurisdiction to order said changes made. The decisions and determinations of the Council ordering such changes shall be final and conclusive upon all persons entitled to appear thereupon to the Council. (“Objections” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0663 Limitations

§61.0663 Limitations No changes shall be made pursuant to this part which will increase the estimated cost by more than twenty percent (20%) of the total estimated cost of the work as determined from: (a) The Engineer’s estimate, if the change is ordered prior to the award of the contract; or (b) The successful bid, if the change is ordered after the award of the contract; provided, that any changes so made shall also be subject to the limitations, if any, contained in any law applicable to the proceedings, which law may impose limitations upon the amount by which the estimated cost of the work or improvement may be increased by reason of such changes. (“Limitations” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0664 Sureties

§61.0664 Sureties Any changes made pursuant to this part shall not release or discharge the sureties upon any bond required under this Ordinance. (“Sureties” 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/Ch06Art01Division06.pdf#page=13Fetched: 10/28/2026