Loans as Gifts
San Diego Municipal Code § 27.3530
in effect§27.3530 Loans as Gifts
(a) A loan received by a City Official may become a gift and subject to the gift reporting and limitations set forth in section 27.3520, as follows:
(1) If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired; or
(2) If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of:
A. The date the loan was made; or
B. The date the last payment of $100 or more was made on the loan; or
C. The date upon which the City Official has made payments aggregating to less than $250 during the previous twelve months.
(b) The following loans will not become gifts to a City Official:
(1) A loan described above on which the creditor has taken reasonable action to collect the balance due; and
(2) A loan described above on which the creditor, based on reasonable business considerations, has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based on reasonable business considerations.)
(3) A loan made to a City Official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(“Loans as Gifts” added 4-29-2002 by O-19055 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/MuniCodeChapter02/Ch02Art07Division35.pdf#page=10Fetched: 10/28/2026