Indemnification for Construction Permits
San Diego Municipal Code § 129.0122
in effect§129.0122 Indemnification for Construction Permits
The applicant and record owner for any development shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of any construction permit including, but not limited to, any action to attack, set aside, void, challenge, or annul the construction permit approval and any environmental determination. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the applicant and record owner for any development shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and applicant and record owner for any development regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant and record owner for any development shall not be required to pay or perform any settlement unless such settlement is approved by applicant and record owner for any development.
(“Indemnification for Construction Permits” added 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
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/MuniCodeChapter12/Ch12Art09Division01.pdf#page=20Fetched: 10/28/2026