General Provisions

San Diego Municipal Code ch. 6, art. 1, div. 20, pt. 1

in effect

San Diego Municipal Code § 61.2000 Title

§61.2000 Title This Division shall be known as the San Diego Park Facilities District Procedural Ordinance. (“Title” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2001 Municipal Affairs

§61.2001 Municipal Affairs This Division is adopted pursuant to the municipal affairs provisions of the City Charter. (“Municipal Affairs” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2002 Purpose

§61.2002 Purpose The whole or any part of the City may be formed into one or more park facilities districts pursuant to the provisions of this Division. (“Purpose” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2003 Powers

§61.2003 Powers A park facilities district may acquire, construct, improve, maintain and operate park facilities. (“Powers” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2004 Procedure

§61.2004 Procedure Excepting as to matters therein inconsistent with the intent, purposes and provisions of this Division, the provisions of the Community Facilities Law of 1911, being Chapter 1, (commencing with Section 4600, Part 3, Division 5, Health and Safety Code of the State of California, excepting Article 2a, subdivision (d) of Section 4616, Section 4618, the first sentence of Section 4623 and Sections 4623.5 and 4638, 4625, thereof, and the provisions of Article 9 (commencing with Section 53550), as modified by Article 11 (commencing with Section 53580), Chapter 3, Part 1, Division 2, Title 5, Government Code of the State of California, excepting Section 53569, thereof, shall apply to the formation and government of such districts. (Amended 9–17–1990 by O–17527 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2005 Alternate Procedure

§61.2005 Alternate Procedure The procedures provided in this Division are alternative and in addition to those provided by any other law, ordinance or provision of the Municipal Code. (“Alternate Procedure” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2006 Complete Procedure

§61.2006 Complete Procedure This Division is full authority for the formation and government of park facilities districts. (“Complete Procedure” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2007 Other Laws

§61.2007 Other Laws In the performance of any act or the conduct of any proceeding pursuant to this Division, the Council may act pursuant to any other law, ordinance or provision of the Municipal Code when, in its opinion, the objects and purposes of this Division will be better effectuated thereby. (“Other Laws” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2008 Necessary or Convenient Procedure

§61.2008 Necessary or Convenient Procedure Any act or procedure not expressly provided in this Division, which is deemed necessary or convenient to carry out its purposes, may be provided by the Council or other board, commission or officer that provides or performs such act or procedure. (“Necessary or Convenient Procedure” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2009 Notice, By Whom

§61.2009 Notice, By Whom When any notice is required to be given, it shall be given by or on behalf of the City Clerk. (“Notice, By Whom” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2010 Advances

§61.2010 Advances The City may advance available City funds for any purpose in the formation or government of a park facilities district and recover them from the proceeds of bonds, taxes or other revenues of such district. (“Advances” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2011 Contributions

§61.2011 Contributions The City may contribute available City funds for any purpose of a park facilities district. (“Contributions” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2012 Waiver

§61.2012 Waiver All owners who shall have failed to: (a) File timely written statements, state a ground in a timely statement, or present evidence at the hearing as to a ground stated therein, in a proceeding under Part 3 of this Division; or (b) Appear, orally or in writing, or to state a ground, or to present evidence as to a ground stated at the hearing, in a proceeding under Part 5 of this Division; shall have waived such right or ground, respectively. (“Waiver” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2013 Finality

§61.2013 Finality A resolution ordering a district formed, the inclusion of an acquisition or improvement in, or the annexation of territory to, a district, under Parts 3, 5 or 7 of this Division, shall be final and conclusive as to all rights and grounds waived under Section 61.2012 of this Part. (“Finality” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2014 Limitations of Action

§61.2014 Limitations of Action No action or defense questioning the validity of (a) the formation of a district, (b) the inclusion of an acquisition or improvement, (c) the annexation of territory, or (d) an election at which bonded indebtedness was authorized or maximum rate of tax or a change therein was approved, shall be had or maintained in any Court of competent jurisdiction unless commenced or raised in an answer filed within 30 days after the date of adoption of the resolution so ordering as to (a), (b) or (c) or the resolution of canvass as to (d) of this section, nor shall any timely pleading be so amended; and all persons shall thereafter be forever barred. (“Limitations of Action” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2015 Actions, By Whom and Effect

§61.2015 Actions, By Whom and Effect No timely action or defense may be maintained in any Court of competent jurisdiction, nor shall any restraining order, mandate, or mandatory or prohibitive injunction or other provisional remedy be available, to question the validity of any act or proceeding had or taken pursuant to this Division, excepting only as it shall apply to the specific property of an owner who, in his proper name, is a party in such action; and such action shall not apply to any other properties or to the owners thereof, as to all of which and whom the District may continue to take such action or proceeding, including, but not limited to, the issuance and sale of bonds and the levy and collection of taxes. (“Actions, By Whom and Effect” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2016 Liberal Construction

§61.2016 Liberal Construction This Division shall be liberally construed to promote and effectuate its purposes. (“Liberal Construction” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2017 Irregularities

§61.2017 Irregularities No error, irregularity, informality, omission or illegality, and no neglect or omission of any official, in any proceeding taken pursuant to this Division, which does not amount to a failure of due process of law under the State or Federal constitutions, shall void or invalidate any action or proceeding taken pursuant hereto. (“Irregularities” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 added 8–24–1988.)

San Diego Municipal Code § 61.2018 Severability

§61.2018 Severability If any provision of this Division or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or their application to other persons or circumstances which can be given effect without the invalid provision or application, and to that end the provisions hereof are declared to be severable. (“Severability” added 2–23–1977 by O–12027 N.S.) (Editors note: Chapter 6, Article 1, Division 20 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/Ch06Art01Division20.pdf#page=1Fetched: 10/28/2026