General Provisions and Definitions

San Diego Municipal Code ch. 6, art. 1, div. 23, pt. 1

in effect

San Diego Municipal Code § 61.2300 Citation of Division

§61.2300 Citation of Division This Division may be cited as the San Diego Improvement District Procedural Ordinance. (Amended 4-12-1999 by O-18633 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2301 Rules of Construction

§61.2301 Rules of Construction This Division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality and no neglect or omission of any officer, in any procedure taken under this Division, which does not directly affect the jurisdiction of the Council to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of work done thereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this Division. (“Rules of Construction” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2302 Resumption of Hearings Not Regularly Adjourned

§61.2302 Resumption of Hearings Not Regularly Adjourned Whenever in any proceedings under this Division, a time and place for any hearing by the Council is fixed and, from any cause, the hearing is not then and there held or regularly adjourned to a time and place fixed, the power of the Council in the premises shall not thereby be divested or lost, but the Council may proceed anew to fix a time and place for the hearing, and cause notice thereof to be given by publication by at least one insertion in a daily, semi–weekly or weekly newspaper, such publication to be at least five days before the date of the hearing and thereupon the Council shall have power to act as in the first instance. (“Resumption of Hearings Not Regularly Adjourned” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2303 Legislative Body

§61.2303 Legislative Body “Legislative body” means the Council of The City of San Diego. (“Legislative Body” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2304 Clerk or Clerk of the Legislative Body

§61.2304 Clerk or Clerk of the Legislative Body “Clerk” or “Clerk of the Legislative body” means the City Clerk of The City of San Diego. (“Clerk or Clerk of the Legislative Body” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2305 Improvement

§61.2305 Improvement “Improvement” includes all work, improvements, appliances or facilities which are for a public purpose or which are necessary or incidental to a public purpose, including but not limited to the construction, reconstruction and repair of all or part of any such work or improvement. (“Improvement” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2306 Install

§61.2306 Install “Install” includes construct, reconstruct, extend, repair and maintain. (“Install” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2307 Owner

§61.2307 Owner “Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder’s office of the county in which the property is situated, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for himself, or as the executor, administrator, or guardian of the owner. If the property is leased, the possession of the tenant or lessee holding and occupying such property shall be deemed to be the possession of the owner. (“Owner” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2308 Acquisition

§61.2308 Acquisition “Acquisition,” or any of its variants, means and includes one or more of the following: (a) Any works, improvements, appliances or facilities authorized to be made, constructed or acquired under this Division whether or not such works, improvements, appliances or facilities are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof. (b) Any use or capacity rights in any of the foregoing. (c) Electric current, gas or other illuminating agent for power or lighting service. (d) Any real property, rights–of–way, easements or interests in real property, acquired or to be acquired by gift, purchase or eminent domain, and which are necessary or convenient in connection with the construction or operation of any work or improvement authorized to be acquired or to be made or constructed under this Division. (“Acquisition” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2309 Report

§61.2309 Report “Report” means the report prepared by the City Engineer pursuant to Sections 61.2324 and 61.2325. (“Report” added 2–22–1982 by O–15668 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2310 Special Assessment District Delinquency Fund

§61.2310 Special Assessment District Delinquency Fund Special Assessment District Delinquency Fund shall mean the special fund established under Part 9 of this Division in which the penalties and interest imposed upon delinquent payments of amounts assessed pursuant to the provisions of the Improvement Bond Act of 1915, the provisions of the Mello–Roos Community Facilities District Act and the provisions of the Lighting and Landscape Improvement Act of 1972, are deposited. (“Special Assessment District Delinquency Fund” added 12–8–1992 by O–17882 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2311 Non–Exclusiveness of Division

§61.2311 Non–Exclusiveness of Division This Division is not exclusive. The Council shall have the power to provide other procedures or to follow procedures and powers now or hereafter provided by general law. The procedures and powers herein are alternative. When proceeding under this Division, its provisions only need be followed. (“Non–Exclusiveness of Division” renumbered from Sec. 61.2310 on 12–8–1992 by O–17882 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2312 Incorporation Effect

§61.2312 Incorporation Effect When provisions of general law or acts are incorporated in this Division, such incorporation shall be interpreted to mean the wording of the general law or acts then in effect at the date the Council adopts its resolution of intention to participate in a project, unless the Council shall provide otherwise. (“Incorporation Effect” renumbered from Sec. 61.2311 on 12–8–1992 by O–17882 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2313 Necessary or Convenient Procedure Authorized

§61.2313 Necessary or Convenient Procedure Authorized Any procedure not expressly set forth in this Division but deemed necessary or convenient to carry out any of its purposes is authorized. (“Necessary or Convenient Procedure Authorized” renumbered from Sec. 61.2312 on 12–8–1992 by O–17882 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

San Diego Municipal Code § 61.2314 Severability Clause

§61.2314 Severability Clause If any section or part of this ordinance be for any reason held unconstitutional or invalid by a court of competent jurisdiction, that holding shall not affect the validity of the remaining portions of this ordinance, but such remaining portions shall be and remain in full force and effect. (Renumbered from Sec. 61.2313 on 12–8–1992 by O–17882 N.S.) (Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)

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/Ch06Art01Division23.pdf#page=1Fetched: 10/28/2026