Notice, Protest and Hearing

San Diego Municipal Code ch. 6, art. 1, div. 3, pt. D

in effect

San Diego Municipal Code § 61.0323 Consideration of Report: Modification

§61.0323 Consideration of Report: Modification When the report provided for in Sections 61.0316 and 61.0317, is filed with the City Clerk, he shall present it to the Council for consideration. The Council may modify it in any respect. The report as modified shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified, or corrected as provided in this Division. (“Consideration of Report: Modification” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0324 Same: Hearing

§61.0324 Same: Hearing After passing on the report, the Council by resolution shall appoint a time and place for hearing protests to the proposed improvement and shall direct the City Clerk to give notice of the hearing as provided in this Division, and shall designate a daily or weekly newspaper published and circulated in the City in which the notice shall be published. The hearing shall be held not less than 30 days after the passage of the resolution. (“Same: Hearing” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0325 Notice of Improvement: Posting

§61.0325 Notice of Improvement: Posting After the passage of the resolution of intention, the filing of the report, and the setting of the time and place for hearing protests, the City Clerk shall cause notices of the passage of the resolution to be posted. The notices shall be posted conspicuously on all the open streets within the district, at not more than 300 feet apart on each street so posted, but not less than three in all. (“Notice of Improvement: Posting” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0326 Same: Contents

§61.0326 Same: Contents The notices shall: (a) Be headed “notice of improvement,” in letters of not less than one inch (1”) in height. (b) In legible characters state the fact and date of passage of the resolution of intention, the filing of the report and the time and place set for hearing of protests. (c) Briefly describe the acquisition and improvement proposed to be financed. (d) Refer to the resolution of intention and report for further particulars. (“Same: Contents” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0327 Same: Publication

§61.0327 Same: Publication The City Clerk shall also cause a notice similar in substance to the notice described in Section 61.0326 to be published pursuant to Section 6066 of the Government Code. The notices shall be posted and first published at least 20 days before the date set for hearing of protests. (“Same: Publication” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0328 Same: Substantial Compliance Sufficient

§61.0328 Same: Substantial Compliance Sufficient No proceeding shall be held invalid for failure to post any street or streets if Sections 61.0325, 61.0326 and 61.0327 have been substantially complied with. (“Same: Substantial Compliance Sufficient” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0329 Same: Notice to Property Owners

§61.0329 Same: Notice to Property Owners At least 20 days before the date set for hearing of protests, the City Clerk shall mail, postage prepaid, notices of the adoption of the resolution of intention and the filing of the report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for city taxes or who are known to the City Clerk. The failure of the City Clerk to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this Division. If property assessed by the State under Section 14 of Article XIII of the Constitution is proposed to be assessed, such notice shall be mailed to every owner of such property at the address thereof shown on the last board roll transmitted to the county auditor. (“Same: Notice to Property Owners” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0330 Same: Contents of Notice to Property Owners

§61.0330 Same: Contents of Notice to Property Owners The notice shall contain: (a) A statement of the time, place, and purpose of the hearing on the resolution of intention and report. (b) A statement of the total estimated cost of the proposed acquisition and improvement. (c) The amount, as shown by the report, to be assessed against the particular parcel covered by the notice. (d) A statement that any person interested may file a protest in writing as provided in this Division. (“Same: Contents of Notice to Property Owners” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0331 Same: Affidavit of Clerk

§61.0331 Same: Affidavit of Clerk Upon the completion of the mailing of the notices, the City Clerk shall file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of this Division for publishing, posting, and mailing notices. (“Same: Affidavit of Clerk” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0332 Protests

§61.0332 Protests Any interested person may object to the proposed improvement, the extent of the assessment district, or to the proposed assessment by filing a written protest with the City Clerk at or before the time set for the hearing. Such protest must contain a description of the property in which each signer thereof is interested sufficient to identify the same, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The City Clerk shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the Council all protests filed with him. Any document filed as a “protest” before the Council orders the publication of the resolution of intention shall not be considered a protest in compliance with this Division. (“Protests” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0333 Same: When Further Proceedings Barred

§61.0333 Same: When Further Proceedings Barred If the protests are against the proposed improvement and the Council finds that such protests are signed by the owners of more than one–half of the area of the land included within the assessment district, all further proceedings under the resolution of intention are barred, and no new resolution of intention for the same improvement shall be passed within six months after decision of the Council on the hearing, unless the protests are overruled by an affirmative vote of four–fifths of the members of the Council. The Council may confirm, modify, or correct the proposed assessment. (“Same: When Further Proceedings Barred” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0334 Same: Majority Protest

§61.0334 Same: Majority Protest If it shall be necessary, in order to find whether a majority protest exists, to determine whether any or all of the signers of written protests are the “owners” of property to be assessed, the Council shall make such determination from the last equalized assessment roll, any written evidence submitted with a written protest and any other evidence received at the hearing. The Council shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive. (“Same: Majority Protest” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0335 Right of Mortgagee or Beneficiary to Protest on Certain Acquisitions

§61.0335 Right of Mortgagee or Beneficiary to Protest on Certain Acquisitions If the proposed improvement includes the acquisition of any improvements constructed pursuant to the provisions of the Subdivision Map Act (commencing at Section 11500, California Business and Professions Code) and such improvements were financed, in whole or in part, from the proceeds of any loan secured by a mortgage or deed of trust upon any lands within the proposed assessment district, upon submission of evidence satisfactory to the Council, of the foregoing, the mortgagee or beneficiary under any such mortgage or deed of trust may protest in the same manner and to the same extent as the owner of such lands. (“Right of Mortgagee or Beneficiary to Protest on Certain Acquisitions” added 12–30–1965 by O–9340 N.S.)

San Diego Municipal Code § 61.0336 Protests: Confirmation of Assessment

§61.0336 Protests: Confirmation of Assessment When upon the hearing the proposed assessment is confirmed as filed, as modified, or corrected, by resolution the Council shall approve the making of the proposed acquisition and improvement by the participating agency, declare that the funds collected from the assessments or sale of bonds be tendered the participating agency, and declare its action upon the report and assessment. The resolution shall be final as to all persons, and the assessment thereby levied upon the respective parcels or subdivisions of land in the assessment district. (“Protests: Confirmation of Assessment” added 12–30–1965 by O–9340 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/Ch06Art01Division03.pdf#page=7Fetched: 10/28/2026