San Diego Municipal Code § 61.0301 Citation of Division
§61.0301 Citation of Division
This Division may be cited as the San Diego Improvement District Procedural Ordinance.
(“Citation of Division” added 12–30–1965 by O–9350 N.S.)
General Provisions and Definitions
San Diego Municipal Code ch. 6, art. 1, div. 3, pt. A
in effectSan Diego Municipal Code § 61.0302 Rules of Construction
§61.0302 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 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0303 Resumption of Hearings Not Regularly Adjourned
§61.0303 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 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0304 “Legislative Body”
§61.0304 “Legislative Body”
“Legislative body” means the Council of The City of San Diego.
(“Legislative Body” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0305 “Clerk” or “Clerk of the Legislative Body”
§61.0305 “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 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0306 “Improvement”
§61.0306 “Improvement”
“Improvement” includes all work and improvements 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 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0307 “Install”
§61.0307 “Install”
“Install” includes construct, reconstruct, extend, repair and maintain.
(“Install” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0308 “Owner”
§61.0308 “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 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0309 “Acquisition”
§61.0309 “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 and which are in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof, any use or capacity rights in any of the foregoing;
(b) Electric current, gas or other illuminating agent for power or lighting service;
(c) 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, excepting therefrom any such real property, rights–of–way, easements or interests in real property shown upon any final map filed with or submitted to the Council for acceptance and approval under the provisions of the Subdivision Map Act (commencing at Section 11500, Business and Professions Code) and offered for dedication to public use by said map or by any separate offer of dedication theretofore or thereafter made.
(“Acquisition” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0310 “Participating Agency”
§61.0310 “Participating Agency”
“Participating Agency” means any local, state or national agency or authority including but not limited to The City of San Diego and the U.S. Corps of Engineers.
(Amended 12–8–1980 by O–15400 N.S.)
San Diego Municipal Code § 61.0311 Non–Exclusiveness of Division
§61.0311 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” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0312 Incorporation Effect
§61.0312 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” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0313 Necessary or Convenient Procedure Authorized
§61.0313 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” added 12–30–1965 by O–9340 N.S.)
San Diego Municipal Code § 61.0314 Severability Clause
§61.0314 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.
(“Severability Clause” 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=1Fetched: 10/28/2026