Formation of District

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

in effect

San Diego Municipal Code § 61.0615 Petition

§61.0615 Petition The formation of a park district may be proposed by petition signed by the owners of at least sixty percent (60%) of the area of assessable lands in the proposed district or initiated by resolution of the City Council. The petition shall be filed with the City Clerk. (“Petition” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0616 Assessable Lands

§61.0616 Assessable Lands For the purpose of applying Section 61.0615, assessable lands shall be deemed to be those lands which will be assessed if the district is formed and the acquisitions made as proposed in the petition, and if any of the lands within the proposed district are public lands of the type described in Section 61.0705, such lands shall be deemed assessable lands only if the governing body of the owner of such lands shall have filed its consent to the assessment of such lands on or before the date of filing with the Clerk of the petition, or supplemental petitions, if any. (“Assessable Lands” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0617 Petition — Contents

§61.0617 Petition — Contents The petition shall as applicable contain: (a) A general description of the exterior boundaries of the proposed district or reference to an attached map showing such boundaries. (b) A general description of the lands to be acquired for park and recreation purposes, which may lie wholly or partially outside or inside the boundaries of the district. (c) A general description of the improvements proposed to be made or constructed. (d) A general description of the maintenance desired. (e) A statement that an advisory board has been created to advise the City on the establishment and operation of the district, and the names of the membership thereof. (f) A request that bonds be issued pursuant to this Ordinance and the term of, and interest rate, or maximum interest rate, to be paid on, the bonds. (g) A statement that the petition is filed pursuant to this Ordinance. (h) A statement that the provisions of the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 are waived in accordance with Division 1, Article 1, Chapter 6, of the San Diego Municipal Code. (“Petition — Contents” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0618 Petition — Separate Instruments

§61.0618 Petition — Separate Instruments The petition may consist of any number of separate instruments. (“Petition — Separate Instruments” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0619 Petition, Filing, Checking

§61.0619 Petition, Filing, Checking When the petition is filed, the Clerk shall check or cause it to be checked. If it is signed by the requisite number of qualified signers, the Clerk shall make his certificate to that effect and present the petition and certificate to the Council. (“Petition, Filing, Checking” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0620 Petition — Insufficient Signatures

§61.0620 Petition — Insufficient Signatures If the petition is not signed by the requisite number of qualified signers, the Clerk shall certify to the Council that said petition is insufficient. If the petition is insufficient, supplemental petitions may be filed within three months from the date of the certificate of insufficiency, or such additional period as the Council may allow, not to exceed six months from the date of the first certificate of insufficiency. (“Petition — Insufficient Signatures” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0621 Clerk Certification

§61.0621 Clerk Certification The Clerk shall certify the sufficiency of the petition and any supplemental petitions to the Council if the petition, together with supplemental petitions, if any, shall be signed by the requisite number of signers as shown by the last equalized assessment roll upon the date of said certificate. Such certification shall be conclusive as to the sufficiency of the petition. (“Clerk Certification” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0622 Legal Representative

§61.0622 Legal Representative If any person shown on the last equalized assessment roll to be the owner of land within the proposed district shall be unable to sign by reason of legal disability or shall cease to be the owner of all or any part of such land before the petition or supplemental petition shall have been filed with the Clerk, said petition or supplemental petition may be signed by the legal representative (as hereinafter designated) or other successor in interest of said owner. All petitions signed by a person other than said owner shall be accompanied by written evidence, satisfactory to the Clerk, that the signer: (a) In the case of a legal representative, is the duly appointed guardian, executor or administrator of the estate of said owner, or (b) In the case of other successors in interest, is the holder of legal title to, or has the beneficial ownership in, said land. (“Legal Representative” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0623 Resolution of Intention

§61.0623 Resolution of Intention If the Council finds and declares in the resolution of intention that the public interest and necessity require the acquisition and improvement described in the petition and that the property proposed to be acquired is necessary for the purpose, it may adopt a resolution declaring its intention to form the park district and to acquire the lands and rights of way, if any, and construct the proposed improvements. (“Resolution of Intention” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0624 Same: Contents

§61.0624 Same: Contents The resolution shall as applicable also contain: (a) The number of the proposed park district and a general description of its exterior boundaries or refer to a map on file with the City Clerk showing such boundaries, which map shall govern for all details as to the extent of this district. (b) A general description of the lands to be acquired for park and recreation purposes, which may lie wholly or partially outside or inside the boundaries of the proposed district. (c) A general description of the improvements proposed to be made or constructed. (d) A general description of the maintenance desired and the maximum tax levy necessary to finance said maintenance. (e) An estimate of the cost and expense of the proposed acquisition and improvement. (f) A statement that an assessment will be levied pursuant to this Ordinance to pay the costs and expenses of the acquisition and improvement. (g) If bonds are to be issued, a statement that bonds to represent unpaid assessments will be issued pursuant to this Ordinance and the interest rate or maximum interest rate, and term of any such bonds. (h) A time and place for the hearing of protests and objections. (“Same: Contents” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0625 Costs Paid by City

§61.0625 Costs Paid by City At any time prior to the levy of the assessment, the Council may determine that a portion of the costs and expenses of the proposed acquisition and improvement shall be paid by the City. If a determination that a portion of the costs and expenses shall be paid by the City is made prior to the adoption of the resolution of intention, the amount to be contributed under the determination shall be stated in the resolution and the resolution shall provide that an assessment will be levied pursuant to this Ordinance to pay the balance of costs and expenses of the acquisition and improvement. (“Costs Paid by City” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0626 Publication of Copy

§61.0626 Publication of Copy The resolution shall be published once in the City official newspaper. The publication shall be not less than ten (10) days prior to the date fixed for the hearing of protests. (“Publication of Copy” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0627 Mailing of Notice

§61.0627 Mailing of Notice Notice of the adoption of the resolution shall be mailed, postage prepaid, by the Clerk to each person to whom land in the district is assessed as shown on the last equalized County assessment roll, at his address as shown upon the roll and to any person, whether owner in fee or having a lien upon or legal or equitable interest in, any land within the district, whose name and address and a designation of the land in which he is interested is on file in the office of the Clerk. (“Mailing of Notice” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0628 Objections

§61.0628 Objections Not later than the hour set for hearing, any owner of, or person interested in, any land within the proposed district may severally or with other owners file with the Clerk written objection to the things proposed to be done, the extent of the proposed district, or both. (“Objections” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0629 Same: Hearing

§61.0629 Same: Hearing At the hearing all objections and protests shall be heard and considered. (“Same: Hearing” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0630 Same: Termination of Proceedings

§61.0630 Same: Termination of Proceedings If at the hearing and after all proceedings, if any, taken at the hearing for a change of boundaries have been concluded, it appears that the owners of more than one–half of the area of the land included within the proposed district and subject to assessment have made objection in writing to the doing of the things proposed to be done as an entirety, the Council shall so find. Thereafter, the legislative body shall not proceed further under the resolution of intention, and the proceeding is terminated. (“Same: Termination of Proceedings” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0631 Same: Further Proceedings

§61.0631 Same: Further Proceedings If the owners of more than one–half of the area of the property included within the district and subject to assessment have not made written objections or protests to the things proposed to be done as an entirety, the Council may so find orally or otherwise and proceed with the hearing. (“Same: Further Proceedings” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0632 Modification of Boundaries

§61.0632 Modification of Boundaries At the hearing the Council may: (a) Modify the boundaries of the proposed district. (b) Add to the district land which in its opinion will be benefited. (c) Exclude from the district any land described in the resolution of intention which it finds will not be benefited by the doing of the things proposed to be done. (“Modification of Boundaries” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0633 Same: Notice

§61.0633 Same: Notice The hearing may be continued from time to time by order entered on the minutes. The Council shall not change the boundaries to include additional land in the district except after notice of intention to do so, given by the Clerk by mailing a copy of the notice to each person to whom land in the area proposed to be added is assessed as shown on the last equalized assessment roll, at his address as shown upon the roll. The notice shall describe the proposed change and specify the time for hearing objections, which shall be at least fifteen (15) days after date of mailing of the notice. (“Same: Notice” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0634 Same: Computation

§61.0634 Same: Computation If the boundaries are changed, objections or protests made by owners of land excluded by the change shall not be counted in computing a majority protest, but written objections or protests to the things proposed to be done as an entirety made by owners of the remaining assessable land in the district, including assessable land added by a change, and filed with the Clerk not later than the time set for hearing objections to the proposed change, shall be included in computing a majority protest. (“Same: Computation” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0635 Land not Benefited

§61.0635 Land not Benefited Any land which in the judgment of the Council will not be benefited shall not be included in the district. (“Land not Benefited” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0636 Change or Modification

§61.0636 Change or Modification At the hearing the Council may decrease, change or otherwise modify the acquisitions or improvements proposed by the resolution of intention. (“Change or Modification” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0637 Termination by Majority Protest

§61.0637 Termination by Majority Protest If the proceedings are terminated by a majority protest, a proceeding under this Ordinance for the same, or substantially the same acquisition and improvement shall not be initiated within one year thereafter. (“Termination by Majority Protest” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0638 Withdrawal of Protest

§61.0638 Withdrawal of Protest Any protest or objection made pursuant to this Ordinance, or any signature to such objection or protest, may be withdrawn by a written withdrawal signed by the person or persons who signed the protest or objection or who affixed the signature to be withdrawn, and filed with the Clerk at any time prior to the determination by the Council as to whether or not a majority protest exists. Any protest, objection, or signature withdrawn shall not be counted in computing a majority protest. (“Withdrawal of Protest” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0639 Waiver of Protest

§61.0639 Waiver of Protest Any objections or protests not made at the time and in the manner provided by this Ordinance are deemed waived voluntarily. (“Waiver of Protest” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0640 Determination of Protest

§61.0640 Determination of Protest Except in the case of a majority protest, the Council may sustain or deny by resolution any or all objections and protests, and its determination is final. (“Determination of Protest” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0641 Estoppel

§61.0641 Estoppel Proceedings under this Ordinance shall not be attacked after the hearing upon any ground not stated in an objection or protest filed pursuant to this Ordinance. Any landowner or person interested in any land within the district is estoppel to attack the proceedings upon any ground not stated in a protest filed by him pursuant to this Ordinance. (“Estoppel” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0642 Resolution Ordering Formation

§61.0642 Resolution Ordering Formation Unless the power to proceed has been terminated pursuant to this Ordinance, at the conclusion of the hearing the Council, by resolution, may find and determine that the public interest and necessity require the acquisition and improvement described in the resolution of intention or the acquisition and improvement remaining after any elimination made pursuant to this Ordinance, and may order such acquisition and improvement. (“Resolution Ordering Formation” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0643 Formation Declared — Boundaries Established

§61.0643 Formation Declared — Boundaries Established If the acquisition and improvement are ordered, the Council shall fix and establish the boundaries of the district and declare that the district is formed pursuant to this Ordinance. (“Formation Declared — Boundaries Established” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0644 Designation of District

§61.0644 Designation of District Each park district formed pursuant to this Ordinance shall be numbered, and the designation of the district shall be substantially (using appropriate number) “Park District No. _________ of The City of San Diego.” (“Designation of District” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0645 Limitation of Actions

§61.0645 Limitation of Actions Any action or proceeding to attack, review, set aside, avoid or annul the resolution ordering the acquisition and improvement and declaring the district formed, or any of the proceedings, acts or determinations pursuant to this Ordinance taken, done or made prior to the adoption of such resolution shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date of adoption of such resolution. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity of such resolution or of such proceedings, acts or determinations. (“Limitation of Actions” added 2–27–1969 by O–9976 N.S.)

San Diego Municipal Code § 61.0646 Effects of Defect or Error

§61.0646 Effects of Defect or Error Any defect, error, or informality in the petition, the Clerk’s certificate, the publication, or mailing of notices, or of the landowner or person interested in the land to receive the notice shall not invalidate any proceeding pursuant to this Ordinance. (“Effects of Defect or Error” added 2–27–1969 by O–9976 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/Ch06Art01Division06.pdf#page=5Fetched: 10/28/2026