19980608 - Sd Mad Municode

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San Diego Municipal Code Chapter 6: Public Works and Property,Public Improvement and Assessment Proceedings

(5-2003)

Article 5: Street Lighting, Landscaping and other Public Facility Procedures

Division 2: Maintenance Assessment Districts

(“San Diego Maintenance District Procedural

Ordinance of 1969” added 4–8–1969 by O–10008 N.S.)(Repealed 5–29–1975 by O–11622 N.S.)

(“San Diego Maintenance District Procedural

Ordinance of 1975” added 5–29–1975 by O–11622 N.S.)

(“San Diego Maintenance District Procedural Ordinance of 1986” added 9–22–1986 by O–16713 N.S.)

(“Maintenance Assessment Districts”

title amended 6–8–1998 by O–18523 N.S.)

§65.0201 Purpose and Intent

(a) One of the purposes of this division is to allow for the formation of districts inthis City to maintain not only improvements as that term is defined in statelaw but for other types of improvements as defined in this division. Toaccomplish this purpose, the City Council intends that the definition of theterm improvement be interpreted liberally.

(b) It is also the purpose and intent of this Division to establish a method bywhich improvements may be constructed, installed, or maintained ; the costs of which are to be assessed to any real property which receives a special benefit from such improvements.

(c) It is also the purpose and intent of this Division to establish alternative procedures for the collection of Assessments.

(d) It is also the purpose and intent of this Division to provide a method for theinvolvement by a representative agency to represent the affected propertyowners in a District and to participate in the review of proposed plans andspecifications for District contracts and in the award of such contracts.

(e) It is also the intent of this Division to provide a method for the City Council toauthorize a Non–profit Corporation to assume responsibility for theadministration of certain contracts for a District.

(Amended 5-6–2003 by O–19169 N.S.)

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§65.0202 Definitions

The terms defined in Chapter 6, Article 5, Division 2 are indicated by italicizedletters. The following words and phrases whenever used in Chapter 6, Article 5,Division 2, shall be construed as defined in this section:

“ Assessment ” has the meaning contained in California Government Code section53750, as amended from time to time.

“Contract for goods” means an agreement between the City or a non-profit

corporation and another party in which the City or the non-profit corporation is the purchaser of articles, commodities, materials, supplies, equipment, or insurance fromthe other party.

“Contract for services” means an agreement between the City or a non-profit

corporation and another party in which the City or non-profit corporation is the

purchaser of services from the other party. It includes maintenance contracts.

“ District ” has the meaning contained in California Government Code section 53750,as amended from time to time.

“ Engineer’s Report ” means a report prepared by a state certified professionalengineer which contains the plans and specifications for the improvement of aspecified district , an estimate of the costs of the improvements and maintenance of the improvement s, a diagram of the specified district , the assessments proposed to belevied in each parcel within the district , and any other information required by lawdetermined by the engineer or the City to be relevant with respect to the district .

“ Fiscal Year ” means a twelve-month period commencing on July 1 and ending on thefollowing June 30.

“ Improvement ” has the meaning contained in California Streets and Highways Codesection 22525, as amended from time to time. In addition, improvement includes:

(1) the provision of services and activities such as security services, promotion of public events, concerts in public areas, economic development, street andsidewalk cleaning, trash removal, and graffiti removal;

(2) the installation, construction, or acquisition of facilities such as ponds,

parking facilities, parking lots, transportation related activities, benches, booths, kiosks, display cases, pedestrian shelters and signs, trash receptacles, public

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restrooms, decorations and banners, public facilities or equipment for securityrelated services, and flood control facilities; and

(3) the installation, construction, or acquisition of any other facilities that are

appurtenant to any of the types of improvements defined in section 65.0202 or are necessary or convenient for the maintenance or servicing thereof.

“ Maintain or Maintenance” has the meaning contained California Streets andHighways Code section 22531, as amended from time to time. In addition, maintain or maintenance includes the furnishing of property-related services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement .

“ Maintenance contract ” means an agreement between the City or a non-profit corporation and another party for maintenance of a district .

“ Non-profit corporation” has the meaning contained in United States Code, Title 26,Sections 501(c)(3) and (c)(4), as amended from time to time.

“ Person” has the meaning contained in section 11.0210 of this Code.

“ Public Works Contract ” has the meaning contained in Chapter 2, Article 2, of thisCode.

“Sole source” means a person who is the only source from which a procurement isavailable and there is no adequate substitute.

“Special benefit ” has the meaning contained in California Constitution, Article XIIID,

Section 2, as amended from time to time.

“ Zone” means Zone 3 of the Downtown Landscape and Lighting MaintenanceDistrict.(Amended 5-6-2003 by O-19169 N.S.)

§65.0203 Nonexclusiveness of Remedies

The remedies provided in this Division for the enforcement of any Assessment levied pursuant to this Division are not exclusive, and additional remedies may be providedat any time.

(“Nonexclusiveness of Remedies” renumbered from Sec. 65.0205 on 6–8–1998 by O– 18523 N.S.)

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§65.0204 Abandonment of Proceedings

Proceedings for the formation of a District or the levy of Assessments within aDistrict may be abandoned at any time prior to formation of the District or confirmation of the Assessments.

(“Abandonment of Proceedings” renumbered from Sec. 65.0206 on 6–8–1998 by O– 18523 N.S.)

§65.0205 Effect Upon Other Law

(a) This Division does not affect any other law relating to the same or any similar subject, but provides additional authority for the installation or construction of Improvements and the Maintenance of Improvements, and other matters pertaining to Districts.

(b) This Division is to be liberally construed.

(“Effect Upon Other Law” renumbered from Sec. 65.0207 and amended 6–8–1998by O–18523 N.S.)

§65.0206 Determination by Engineer Required

Before a district is formed or amended to include the levy of assessments for theinstallation, construction, acquisition or maintenance of a particular type of improvement , a state certified professional engineer shall determine in writing via adetailed engineer’s report that the proposed improvement provides a special benefit to real property within a proposed or existing district . (“Determination by Engineer Required” added 5-6-2003 by O-19169 N.S.)

§65.0207 Alternate Method for Resolution of Intention

The City Clerk may schedule the hearing of the City Council to approve theassessment engineer’s report and declare the intention of the City Council to levy andcollect Assessments within a District at any time during a regularly scheduledCouncil meeting.(“Alternate Method for Resolution of Intention” renumbered from Sec. 65.0206 on 5– 6–2003 by O–19169 N.S.)

§65.0209 Community Planning Groups and Designated Representatives

(a) In the event a District’s boundaries are substantially the same as the boundaries of a community represented by a community planning group that

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has been established under applicable City guidelines, the community planning group shall be the preferred representative for the property ownerswithin the District for the purposes of Chapter 6, Article 5, Division 2.

(b) In the event the boundaries of a District are substantially not the same as the boundaries of an established community planning group, the property ownerswithin the District may establish their own designated representatives to speak for the property owners.

(“Community Planning Group and Designated Representatives” added 6–8–1998 byO–18523 N.S.)

§65.0210 Meetings Between City and Property Owners; Notice

(a) Representatives of the City Manager shall conduct at least one (1) noticemeeting with property owners within each District to discuss the proposed

Improvements and level of Maintenance for each District for the followingFiscal Year. The City Manager shall use his or her best efforts to contacteither orally or in writing the duly recognized community planning group or designated representatives of the District, and community newspapers servingthe area, if any.

(b) For any Contract for Goods, Contract for Services, or Public Works Contractawarded by the City, or Maintenance provided by the City, or Improvementinstalled or provided by the City pursuant to this Division, representatives of the City Manager shall attempt to meet on a regular basis with the relevantcommunity planning group or designated representatives of each District to

evaluate the performance of the contractor or the City and to advise therepresentatives of the City Manager regarding Improvements and regular Maintenance for each District.

(c) Upon receipt of bids or proposals for a Contract for Services or Public WorksContract, representatives of the City Manager or the designated Non–profitCorporation shall meet with the relevant community planning group or designated representatives of each District and property owners within theDistrict to review the bids or proposals.

(“Meetings between City and Property Owners; Notice” added 6–8–1998 by O–

18523 N.S.)

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§65.0211 City Council Review

The City Manager shall finalize the plans and specifications for the Improvementsand Maintenance of each District administered by the City, taking into considerationany comments received from the relevant community planning group or designated

representatives of each District, and from property owners within the District, and the budget for such Improvements and Maintenance. The City Manager shall also order the preparation of an Engineer’s Report and shall docket for City Council review theEngineer’s Report and a resolution of intention to levy the Assessments for eachDistrict.(“City Council Review” added 6–8–1998 by O–18523 N.S.)

§65.0212 Support of Property Owners for Administration by Non-Profit Corporations

(a) Except as provided in Section 65.0212(b) or 65.0212(c), any Non-profitCorporation wishing to establish the right to administer Contracts for Goods

and Contracts for Services for a District shall provide written documentationto the City Manager verifying that property owners representing at least amajority of the parcel area of the relevant District support the Non-profitCorporation assuming responsibility for administration of Contracts for Goodsand Contracts for Services for the District. The written documentation shallcontain the name, signature, address and parcel number of each propertyowner signing the documentation. The City Manager shall verify the contentsof the documentation.

(b) Any Non-profit Corporation wishing to establish the right to administer Contracts for Goods or Contracts for Services for the Zone shall submit anotice to the property owners within the Zone that it wishes to establish suchadministration. The notice shall also contain a ballot that allows propertyowners to vote on whether they support or oppose having the Non-profitCorporation administer Contracts for Goods or Contracts for Services for theZone. Each ballot shall contain the name, address, and parcel number of therelevant property owner, a place for the property owner to register his or her support or opposition to such administration and a place for the propertyowner to sign the ballot. The ballots shall be returned to the City Manager.The City Manager shall tabulate the ballots. All costs of mailing and printingthe ballots, and all costs incurred by the City in administering mailing, printing, and tabulating the ballots shall be paid by the Non-profitCorporation. If a majority of property owners returning ballots, weighted bythe dollar amount of their assessments, vote in favor of the Non-profitCorporation administering Contracts for Goods and Contracts for Services,the

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Non-profit Corporation may assume such administration thirty (30) days after the tabulation of the ballots.

(1) The Non-profit Corporation shall administer the Zone for one (1) year.

(2) After one year, if the Non-profit Corporation desires to continueadministering Contracts for Goods and Contracts for Services for theZone, the Non-profit Corporation shall submit in writing a request tothe City Manager to continue such administration. The City Manager shall submit the Non-profit Corporation’s request to the City Councilfor review. The City Council may authorize the Non-profitCorporation to continue the administration of the Zone for additionaltime. If a majority of property owners returning ballots, weighted bythe dollar amount of their assessments, vote in favor of the Non-profitCorporation administering Contracts for Goods and Contracts for Services for the Zone, the Non-profit Corporation shall assume such

administration within thirty (30) days of the tabulation of the ballots.

(c) Upon the submission of the documentation required pursuant to Section65.0212(a) or upon approval by the property owners of a District pursuant toSection 65.0212(b), the City Manager shall docket for City Council review aresolution authorizing the City Manager to enter into the agreement with the Non-profit Corporation to administer Contracts for Goods and Contracts for Services for such District or for the Zone.

(1) The agreement shall provide that the Non-profit Corporation agrees toindemnify, defend, and hold the City free and harmless from and

against any and all claims, demands, liens, or judgments for death of or injury to any person or damage to any property whatsoever allegedto be caused, or caused, by any act or omission of the Non-profitCorporation or any officer, contractor, agent, or employee of the Non- profit Corporation.

(2) The agreement shall provide that the Non-profit Corporation shallobtain a comprehensive public liability insurance policy satisfactory tothe City Manager and the City Attorney, naming the City as anadditional insured. The Non-profit Corporation shall provide the CityManager a copy of a certificate of such insurance each year.

(3) The agreement shall provide that the Non-profit Corporation shallmaintain worker’s compensation insurance for its employees.

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(4) The agreement shall provide for administration of any Contract for Services through on-site inspections by a representative of the Non-profit Corporation. The Non-profit Corporation shall submit areport to the City indicating that such on-site inspections have beencompleted or any bill or invoice received for goods or services

received pursuant to a Contract for Goods or Contract for Services.Upon submission of such report, bills, or invoices, the City will beauthorized to pay for work done by the Maintenance contractor or for the goods received.

(5) The agreement shall provide that the City Manager shall conduct atleast four (4) on-site inspections of the District or the Zone each year.In the event the City Manager determines from such inspections thatthe District or the Zone is not being properly administered by the Non-profit Corporation, the City Manager shall report such findings tothe City Council. The cost of any inspections conducted by the City

Manager shall be paid by the District or the Zone.

(6) The agreement shall provide that the Non-profit Corporation agreesthat it shall not have a financial interest in any contract awarded for such District or the Zone.

(7) The agreement shall provide that the Non-profit Corporation agrees toconduct at least one (1) noticed meeting with property owners withinthe District or the Zone and to attempt to meet on a regular basis withthe relevant community planning group or designated representativesof the District or the Zone, and property owners within the District or

the Zone, to finalize plans and specifications for the Improvementsand Maintenance of the District or the Zone, to evaluate the performance of any Maintenance contractor for the District or theZone, and to advise the Non-profit Corporation regarding theImprovements and regular Maintenance for the District or the Zone.For any such meeting, the Non-profit Corporation shall use its bestefforts to contact either orally or in writing the relevant community planning group or designated representatives of the District or theZone, and community newspaper, if any.

(8) The agreement shall provide that the Non-profit Corporation isrequired to submit to the City Manager a budget for the Improvementsand Maintenance for the District or the Zone no later than March 1 of each year for the following Fiscal Year.

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(9) The agreement shall provide that the Non-profit Corporation shallmaintain separate books and records for the District or the Zone whichshall be available for audit at any time during normal business hoursand as often as the City deems necessary. All records shall be madeavailable within the City of San Diego and the City or its designeeshall be allowed to audit, examine, and make excerpts from such data pertaining to all matters covered by this agreement. The Non-profitCorporation shall maintain such books and records for a period of three years following completion of the agreement. The District or Zone shall pay for the costs of the audit.

(10) The agreement between the City and the Non-profit Corporation may be renewed, at the City’s sole option, each year.

(d) After receiving the budget for a District or the Zone from a Non-profitCorporation, the City Manager shall order the preparation of an Engineer’s

Report. The City Manager shall also docket for City Council review theEngineer’s Report and a resolution of intention to levy the Assessments for the District or the Zone.

(e) The agreement shall provide that failure of the Non-profit Corporation tocomply with any term or conditions of the agreement may result intermination of the agreement.

(f) The City Council may terminate the agreement with the Non-profitCorporation at any time provided:

(1) a public hearing is held on the City Council’s intention to terminatethe agreement with the Non-profit Corporation;

(2) the Non-profit Corporation is provided thirty (30) calendar days’notice of the public hearing on the City Council’s intention toterminate the agreement;

(3) a notice of the public hearing is mailed at least fifteen (15) calendar days prior to the public hearing to each property owner within theDistrict or the Zone; and,

(4) the City Council determines at the conclusion of the public hearing

that it is in the best interests of the District or the Zone to terminate theagreement with the Non-profit Corporation. Upon the termination of

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the agreement with the Non-profit Corporation, the City Manager shallresume administration of Contracts for Goods and Contracts for Services for the District or the Zone.

(Amended 2-1-1999 by O-18617 N.S.)

§65.0213 City Award of Contracts

(a) For the award of any Public Works Contract, Contract for Goods, andContract for Services, other than Maintenance Contracts, by the City on behalf of a District, the City Manager shall follow the provisions of Sections22.3101, 22.3102, 22.3103, 22.3104, 22.3105, 22.3201, 22.3202, 22.3203,22.3204, 22.3205, 22.3211, 22.3212, 22.3213, 22.3221, 22.3222 and 22.3223of this Code.

(b) For the award of any Maintenance Contract by the City on behalf of a District,the City Manager shall follow the provisions of Sections 22.3201, 22.3202,

22.3203, 22.3204, 22.3205, 22.3211, 22.3212, 22.3213, 22.3221, 22.3222 and22.3223 of this Code. Notwithstanding the provisions of Sections 22.3201,22.3202, 22.3203, 22.3204, 22.3205, 22.3211, 22.3212, 22.3213, 22.3221,22.3222 and 22.3223, a Maintenance Contract for a District may be awardedto other than the low acceptable bidder if the City Manager receives a protestfrom the relevant community planning group or designated representatives of a District, or other property owners within the District, in accordance with the provisions of Section 65.0213(b)(1) or (2).

(1) In order to protest the award, the relevant community planning groupor designated representatives of the District must submit to the CityManager, no later than forty–five (45) calendar days after theannouncement of the determination of the low acceptable bidder, awritten protest stating the reasons for their opposition to the award tothe low acceptable bidder and the reasons in support of awarding toother than the low acceptable bidder. In the event the District hasfewer than five hundred (500) parcels located within its boundaries,then the written protest of the community planning group or designated representatives of the District must be signed by propertyowners representing at least twenty–five percent (25%) of the parcelarea of the District.

(2) In order for other property owners within the District to protest the

award, the property owners must submit to the City Manager, no later than forty–five (45) calendar days after the announcement of the

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determination of the low acceptable bidder, a written protest signed by property owners representing at least twenty–five percent (25%) of the parcel area of the District, stating the reasons for their opposition tothe award to the low acceptable bidder and the reasons in support of awarding to other than the low acceptable bidder.

(c) In the event the City Manager receives a valid written protest pursuant toSections 65.0213(b)(1) or (2), the City Manager shall submit the MaintenanceContract for review and award by the City Council. After reviewing the protests and hearing any public testimony, and upon a determination that theMaintenance Contract should be awarded to other than the low acceptable bidder, the City Council may award the contracts to other than low acceptable bidder.

(Amended 6–29–1998 by O–18532 N.S.)

§65.0214 Contracts Awarded by Non-Profit Corporations

(a) Contracts for Goods and Contracts for Services administered by a Non-profitCorporation shall be awarded by the Non-profit Corporation on the basis of the low acceptable bid that best meets the respective District’s or the Zone’srequirements as provided below:

(1) When a Contract for Goods or Contract for Services provides for anexpenditure greater than five thousand dollars ($5,000), but equal to or less than ten thousand dollars ($10,000), the Non-profit Corporationshall seek competitive prices either orally or in writing.

(2) When a Contract for Goods or Contract for Services provides for anexpenditure greater than ten thousand dollars ($10,000), but equal toor less than fifty thousand dollars ($50,000), the Non-profitCorporation shall solicit written price quotations from at least five (5) potential sources.

(3) When a Contract for Goods or Contract for Services provides for anexpenditure greater than fifty thousand dollars ($50,000), the Non- profit Corporation shall advertise for sealed proposals.

(4) The following Contracts for Goods or Contracts for Services are notrequired to be competitively bid by a Non-profit Corporation:

(A) a Contract for Goods or Contract for Services that provides for

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an expenditure of less than five thousand dollars ($5,000);

(B) a Contract for Goods or Contract for Services that is availablefrom a Sole Source only.

(b) A Non-profit Corporation may consider the following factors in evaluatingwhether a bid or proposal best meets the respective District’s or the Zone’srequirements and gains the best economic advantage for the District or theZone: unit cost, life cycle cost, economic cost analysis, operating efficiency,warranty and quality, compatibility with existing equipment, maintenancecosts (including the costs associated with proprietary invention), experienceand responsibility of the bidder, and any additional factors the Non-profitCorporation deems relevant.

(c) Notwithstanding the provisions of Section 65.0214(a) and (b), a MaintenanceContract for a District or the Zone may be awarded to other than the low

acceptable bidder if the Non-profit Corporation receives a protest from therelevant community planning group or designated representatives of a Districtor the Zone, or other property owners within the District or the Zone, inaccordance with the provisions of Section 65.0214(c)(1) or (2).

(1) In order to protest the award, the relevant community planning groupor designated representatives of the District or the Zone must submitto the Non-profit Corporation, no later than forty-five (45) calendar days after the announcement of the determination of the lowacceptable bidder, a written protest stating the reasons for their opposition to the award to the low acceptable bidder and the reasons insupport of awarding to other than the low acceptable bidder. In theevent the District or the Zone has fewer than five hundred (500) parcels located within its boundaries, then the written protest of thecommunity planning group or designated representatives of theDistrict or the Zone must be signed by property owners representing atleast twenty-five percent (25%) of the parcel area of the District or theZone.

(2) In order for other property owners within the District or the Zone to protest the award, the property owners must submit to the Non-profitCorporation, no later than forty-five (45) calendar days after theannouncement of the low acceptable bidder, a written protest signed

by property owners representing at least twenty-five percent (25%) of the parcel area of the District or the Zone, stating the reasons for their opposition to the award to the low acceptable bidder and the reasons in

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support of awarding to other than the low acceptable bidder.

(d) In the event the Non-profit Corporation receives a valid written protest pursuant to Sections 65.0214(c)(1) or (2), the Non-profit Corporation shallconduct a noticed meeting with property owners in the District or the Zone to

review any protests and hear any public testimony. Notices shall be given bynotifying the relevant community planning group or designatedrepresentatives of the District or the Zone, and by notifying communitynewspapers serving the area, if any. After reviewing any protest and hearingany public testimony, and upon a determination that the Maintenance Contractshould be awarded to other than the low acceptable bidder, the Non-profitCorporation may award the contract to other than the low acceptable bidder.

(Amended 2-1-1999 by O-18617 N.S.)

§65.0219 Assessment Recorded; Notice; Late Charge

(a) After the Assessments for a District are confirmed by the City Council, theCity Clerk shall transmit to the City Manager the recorded map of the Districtand the Assessments as confirmed by the City Council.

(b) The City Manager shall maintain the map and Assessments in an accessiblelocation and shall fix a day not less than thirty(30), nor more than sixty(60),calendar days from the billing of the Assessments, after which allAssessments remaining unpaid shall become delinquent.

(1) After the billing of the Assessments, the City Manager shall send anAssessment notice to each property owner whose property is liable for

the Assessment, stating that the Assessment for the property is due and payable and that the penalty for delinquency, as specified, may beadded to the total Assessment.

(2) In the event of a delinquency, an administrative late charge equal tofifty percent (50%) of the Assessment, but not to exceed twenty–fivedollars ($25.00), shall be added to the total amount of the Assessmentand the delinquency due.

(c) From the date a District map and an Assessment roll are recorded, all affected property owners shall be deemed to have notice of the contents of theAssessment roll.

(1) Upon recording, each Assessment contained in the Assessment roll

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shall become due and payable.

(2) Each Assessment shall be a lien upon the property against which it ismade, paramount to all other liens, except liens for prior Assessmentsand taxation, and shall only be discharged by payment of the

Assessment, including late charges, if any, or by redemption of the property after sale for delinquency.

(“Assessment Recorded; Notice; Late Charge” renumbered and amended from Sec.65.0212 on 6–8–1998 by O–18523 N.S.)

§65.0220 Waiver of Delinquent Payments

(a) If notice of an Assessment is sent to an incorrect address and that Assessment becomes delinquent, upon application of the property owner, the CityManager may waive the late charge for delinquency or refund the late chargeif it has already been paid.

(b) In the event commencement of the Maintenance proposed in a District,through circumstances beyond the control of the City, is delayed past thedelinquency date established by the City Manager as provided in Section65.0220, the Council, by resolution, may amend the established delinquencydate and set a new delinquency date to be not lest than thirty (30) calendar days from the date of commencement of the Maintenance.

(1) The resolution shall order and authorize the refunding or cancellationof all late charges collected or due based on the delinquency dateoriginally established by the City Manager and shall require a newnotice be mailed by the City Manager to each affected property owner.

(2) This procedure for amending the delinquency date shall not be appliedwhere the alternate method for collecting an Assessment under Section65.0221 is used.

(“Waiver of Delinquent Payments” renumbered and amended from Sec. 65.0213 on6–8–1998 by O–18523 N.S.)

§65.0221 Alternate Method for Collecting the Assessment

(a) If, prior to the confirmation of Assessments, the City enters into an agreementwith the County of San Diego for collection and enforcement of Assessments

pursuant to the California Government Code, Assessments for those parcelsappearing on the last equalized tax roll of the County and for which a tax bill

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is issued by the County Tax Collector, shall be so collected and enforced.

(1) Notwithstanding any other provisions of this Division, notice by theCounty Tax Collector of any assessments to be included with thegeneral tax for the City and County shall be sufficient for the

Assessment notice.

(2) All Assessment collected by and payable to the County Tax Collector shall be subject to the same penalties and enforcement provisionsrelating to general taxes.

(b) The City Manager shall furnish each year, in accordance with the agreementwith the County Tax Assessor, the necessary information regarding theamount of the Assessments, or installments thereof, that are to be billed for and collected by the County Tax Assessor during the taxpaying period.

(c) All Assessments levied under this Division which are not collected or enforced pursuant to the agreement with the County shall be subject to allother enforcement provisions of this Division or any other enforcement provisions or remedies available at law.

(“Alternate Method for Collecting the Assessment” renumbered and amended fromSec. 65.0214 on 6–8–1998 by O–18523 N.S.)

§65.0222 Notice of Sale of Delinquent Property

(a) In the event the total amount of a delinquency or delinquencies for a propertyexceeds three thousand dollars ($3,000), the City Manager shall undertake thefollowing procedures:

(1) Not less than one (1) year, but not more than fourteen (14) monthsafter the date of any delinquency, the City Manager shall begin publication of a notice of sale for any property upon which anyAssessment has not been paid, which publication shall be made by two(2) insertions in the city official newspaper.

(2) The notice of sale shall contain a description sufficient to identify eachlot or parcel of delinquent property, the name of the owner, the amountof any Assessment, the delinquency penalties, and the portion of thecosts of sale attributable to such lot or parcel.

(3) The notice shall also contain a statement that unless any delinquent

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Assessment, penalty, and cost is paid, the property upon which theAssessment is a lien will be sold to the City by operation of law at asale to take place at a location and at a time specified in the notice.The City Manager shall also mail the same notice to the owner of eachlot or parcel of delinquent property.

(b) In the event the total amount of any delinquency for a property are equal to or less than three thousand dollars ($3,000), the City Manager, at his or her discretion, may undertake the procedures provided in Sections 65.0222(a)(1)and (2).

(“Notice of Sale of Delinquent Property” renumbered and amended from Sec.65.0218 on 6–8–1998 by O–18523 N.S.)

§65.0223 Payment of Delinquent Assessments

At any time after the delinquency date, but prior to the sale by operation of law of any

lots or parcels of delinquent property, any Person may pay any delinquentAssessment, penalties, and publication and administrative costs. The costs shallinclude the cost of advertising. The penalties, less costs, shall be placed in the SpecialAssessment District Delinquency Fund and distributed in accordance with the provisions of San Diego Municipal Code section 61.2392.(“Payment of Delinquent Assessments” amended and renumbered from Sec. 65.0219

on 6–8–1998 by O–18523 N.S.)

§65.0224 Sale of Delinquent Property

At the time fixed in the notice of sale of delinquent property, the City Manager shallexecute a certificate of sale to the City. This certificate shall refer to the proceedings,shall state that the property was sold to the City for nonpayment of delinquentAssessments which were a lien on the property, shall describe the property sold, andshall state the amount for which the property was sold to the City, which amount shall be the sum of any delinquent Assessment, the penalties, and the publication andadministrative costs. The certificate shall be kept on file by the City Manager.(“Sale of Delinquent Property” amended and renumbered from Sec. 65.0220 on 6–8– 1998 by O–18523 N.S.)

§65.0225 Redemption of Delinquent Property

(a) At any time after the date of sale of delinquent property, by operation of law,

but prior to the issuance and delivery of a deed to the property sold, any property sold under the provisions of this Division may be redeemed by

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Ch. Art. Div.

6 5 2 17


(5-2003)

payment to the City Treasurer of the amount for which the property was sold,together with a penalty of two–thirds(2/3) of one percent(1%) of the totalamount per month, and such other penalties as may be payable as provided inthis Division. The two–thirds(2/3) of one percent(1%) penalty shall be addedon the first day of each month following the date of the sale of the property.

(b) Upon redemption of any parcel or lot of property, the City Manager shallenter that fact and the date of redemption upon the certificate of sale.

(“Redemption of Delinquent Property” renumbered and amended from Sec. 65.0221

on 6–8–1998 by O–18523 N.S.)

§65.0226 Execution of Deed to Delinquent Property

(a) If a property has not been redeemed pursuant to Section 65.0225 the CityManager shall, after the expiration of three (3) years but before the expirationof four (4) years from the date of sale, execute to the City a deed of property

sold. The deed shall recite the matters contained in the certificate, and the factthat no Person has redeemed the property.

(b) At least thirty (30) calendar days before execution of the deed, the CityManager shall cause to be served upon the owner of the property, and uponany occupant of the property, if it is occupied, a written notice setting forth:

(1) a description of the property;

(2) that the property has been sold for a delinquent Assessment or Assessments (specifying the Maintenance for which the Assessmentwas levied);

(3) the amount for which the property was sold;

(4) the amount necessary to redeem the property at the time of givingnotice; and

(5) the date when the City Manager will deed the property to the City.

(c) If the owner cannot be found, the notice shall be posted in a conspicuous place upon the property at least thirty (30) days before the date for executionof the deed. The Person actually serving the notice shall file with the City

Manager a declaration showing that the required notice has been given and, if the notice was not served on the owner of the property personally, that duediligence was

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(5-2003)

used to find the owner. The City Manager shall receive and file suchdeclaration.

(d) If the property is redeemed after declarations are filed, the Person retainingthe property shall pay the City Manager, in addition to the other amounts

required, fifteen dollars ($15.00) for the service of notice and the preparationof the declaration. No deed for any property sold for delinquent Assessmentsshall be executed by the City Treasurer until all the provisions of this Divisionhave been complied with.

(e) The deed of the City Treasurer shall be prima facie evidence of the truth of allmatters recited therein, of the regularity of all proceedings prior to theexecution thereof, and of title to the property in the grantee.

(“Execution of Deed to Delinquent Property” amended and renumbered from Sec.65.0222 on 6–8–1998 by O–18523 N.S.)

§65.0227 Limitation of Actions

The validity of any Assessment levied under this Division shall not be contested inany action or proceeding unless the action is commenced within thirty(30) calendar days after the time the City Council has confirmed the Assessment.(“Limitation of Actions” added 6–8–1998 by O–18523 N.S.)

§65.0234 Authority To Refund Surplus

(a) Notwithstanding the limitations of Streets and Highways Code section 22656,in the event of a surplus in an improvement fund in excess of current need, theCouncil may declare the amount surplus.

(b) When the Council declares a surplus, the Manager may offer to owners of record a proportional refund of their assessment that exceeds the amountsnecessary to cover the needs of the fund for the next fiscal year or any longer time that the Council determines by resolution.

(c) Surpluses of owners who do not request refunds will be carried forward to thenext and subsequent annual assessments.

(“Authority to Refund” added 4–1–1996 by O–18273 N.S.)

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April 24, 2012

Maintenance Assessment District (MAD)Business Improvement District (BID)

South Park Neighborhood Association (SPNA)Golden Hill Neighborhood Association (GHNA)

Golden Hill Community Association (GHCA)Greater Golden Hill Planning CommitteeFriends of Balboa Park & Golf Course

Anti-MAD Community Volunteers

Verses

City of San DiegoGrater Golden Hill Community Development Corporation (GGHCDC)

These documents are related to an ongoing 17 years conflict between the Citizens

(Property owners) of the communities of SOUTH PARK and GOLDEN HILL, of SanDiego, California, battling against the employees of the City of San Diego, and the GreaterGolden Hill Community Development Corporation (GGHCDC) who dishonestly andmaliciously caused the illegal establishment of a Maintenance Assessment District over themajority objections of the Citizens [property owners]. This to specifically provide fundingand support with additional property assessments (taxes/fees) to be provided revenue to aprivet membership corporation (GGHCDC).

In 2012 the battle is continuing although the Citizens clearly and decisively won every courtcase, which ORERED a Writ of Mandate, vacating the unconstitutional and illegalgovernmental actions/proclamations establishing the Grater Golden Hill Maintenance

Assessment District (GGHMAD) for the benefit of and administration by the Greater GoldenHill Community Development Corporation (GGHCDC). As of today the City employees arecontinuing the Battle and are refusing to return the stolen monies by the government to theproperty owners.

These Documents are provided to CITIZENS to assists you in fighting the terrines of ourGovernments’ uncaring Politicians, and their dishonest, officious, manipulative, bullingBureaucrats. They were obtained and provided from many sources and volunteers towhom we shall never forget their goodwill and good-works.

I recommend you to first review the following document repaired by community volunteers

to better understand what has transpired to this point in time:

20111031 - GGHCDC MAD HISTORY.pdf

I also would recommend that you contact the following Anti-MAD Points of Contact:

[email protected]

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INDEX [LIST] OF RELATEDDOCUMENTS & PUBLICATIONS

19720000 - Landscaping & Lighting Act of 1972.pdf19890000 - MAP - South Park & Golden Hill.pdf

19940000 - GGHCDC Revitalization Project.pdf19951010 - GHCDC Excutive Director Report.pdf19951010 - GHCDC Revitalization Plan Community.pdf19951019 - GHCDC Boad Directors.pdf19951024 - South Park Association 01.pdf19970000 - CA Gov. Code section 53753.pdf19970000 - TAX Right to Vote Proposition 218.pdf19970609 - MAD City Resolution 288830 MAD Ballot.pdf19980608 - SD MAD MuniCode.pdf

20000614 - MAD local-light mad.pdf20000628 - GGHCDC Board Agenda.pdf20000810 - GGHCDC MAD Misc Docs.pdf20000810 - MAD GGHCDC - Kessler Letter.pdf20000901 - GGHCDC MAD Hal Tyvoll Protest Flier - Tovel.pdf20010213 - CDC Newsletter.pdf20010305 - GGHCDC MAD Reminder Letter.pdf20010330 - No GGHCDC MAD Flier.pdf20010401 - MAD GGHCDC Status Report.pdf20010401 - MAD SD Park Dept.pdf

20010403 - MAD GGHCDC Status Letter.pdf20010412 - MAD GGHCDC Letter.pdf20010425 - GHHCDC NewCity 01-10.pdf20010425 - No GGHCDC MAD Flier.pdf20010600 - GGHCDC MAD Newletter.pdf20010608 - CMADJuneNewsletter2001.pdf20010613 - MAD GGHCDC Letter - Councilmember.pdf20010623 - MAD GGHCDC Letter - Mayor.pdf20010710 - MAD GGHCDC Letter - Atkins.pdf

20020108 - MAD SD Process Ord1975.pdf20020108 - The MAD Process.pdf20020313 - No GGHCDC MAD Flier.pdf20020430 - GGHCDC $150 Council Agenda.pdf20021021 - BID GGHCDC.pdf20021029 - GH Planning Committee - GGHCDC Business Districts.pdf20021029 - GH Planning Committee - GGHCDC Community Center.pdf20021029 - GH Planning Committee - GGHCDC Joint Committees.pdf20030500 - SD Code MAD Lighting.pdf

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20040000 - SD Policy#100-21 MAD Formations.pdf20040913 - MAD Formation Handout.pdf20040913 - San Diego MAD Formation Handout.pdf20050000 - MAD BUDGETS 2004-8 v6_cedadmin.pdf20050425 - No GGHCDC MAD Flier.pdf20050622 - MAD SD Self-ManagedMAD-CityFY2006Budget.pdf20060000 - GHCDC BoardRooster.pdf

20060311 - MAD Court Rulling Greene.pdf20060318 - GHCDC ActionPlan.pdf20060401 - GGHCDC strategicPlan2006.pdf20060600 - GGHCDC eLetter3_06.pdf20060601 - SD Block Grants amendfyar07.pdf20060627 - MAD Council Meeting pmfinal.pdf20061200 - MAD FUNDING SIDEWALKS pmpchap7.pdf20070000 - FY08 MAD 06v3revenue.pdf20070000 - San Diego CityBEAT - poochPolitics.pdf20070101 - GGHCDC Self History.pdf

20070300 - GHCDC MAD SD CITY Survey.pdf20070300 - MAD North Park AER.pdf20070400 - GHCDC MAD SCI Engeneers Report-NO APPENDIX.pdf20070400 - GHCDC MAD SCI Engeneers Report.pdf20070400 - SD Developemnet services.pdf20070401 - GGHCDC MAD Tony Atkins News.pdf20070406 - No GGHCDC MAD Flier.pdf20070423 - GHCDC MAD Request Council Agenda JUNE 2007.pdf20070511 - City San Diego City GGHCDC MAD - Ohedia.pdf

20070521 - Hal Tyvoll MAD Ltr to Council.pdf20070600 - GHCDC City Grants FY07.pdf20070600 - MAD City FY08v3 CIP Budget.pdf20070607 - Plan Group juneagenda.pdf20070608 - MAD GGHCDC Letter 01 - Mayor.pdf20070608 - MAD GGHCDC Letter 02 - Aguirre.pdf20070609 - GGHCDC Meeting.pdf20070612 - Council Agenda - GHCDC MAD1.pdf20070615 - GGHCDC MAD cert of mailing_1.pdf20070615 - GGHCDC MAD cert of mailing_2.pdf

20070616 - MAD GGHCDC SD City Flier.pdf20070617 - NP News- GHCDC MAD SD CITY Advertisement.pdf20070618 - GGHCDC MAD SD City Ballot.pdf20070618 - GHCDC MAD SD CITY Letter.pdf20070619 - GHCDC MAD - SD City Opposition Consultant.pdf20070621 - Citizen No GGHCDC MAD Ltr to James T. Waring.pdf20070630 - GHCDC MAD SCI Engeneers Report-02not complete.pdf20070701 - No GGHCDC MAD Flier.pdf20070702 - Citizen No GGHCDC MAD Ltr to Toni Atkins.pdf

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20070702 - GHCDC MAD SD CITY Flier.pdf20070702 - Toni Atkins Leter.pdf20070706 - Dear Neighbor Letter - No MAD tax.pdf20070708 - MAD GGHCDC Todd Gloria TaxpayersAdvocate.org.pdf20070709 - MAD Fellow Neighbor Helpful Note.pdf20070710 - GGHCDC MAD Ben Hueso Website.pdf20070710 - GGHCDC MAD Vote No Flier.pdf

20070712 - MAD 18July07 MAD Meeting CHANGE.pdf20070712 - MAD GGHCDC City SAN Diego Parcels.pdf20070712 - NoMADTax - Gerrymandering.pdf20070716 - Neighbors Communications & Response from SD Clerk.pdf20070718 - GHCDC MAD Meeting CHANGE.pdf20070719 - SCI MAD san diego golden hill response.pdf20070723 - CA Code 549546.pdf20070723 - CA Code R28830.pdf20070723 - CA Constitution-ARTICLE 13 _Prop. 218_.pdf20070726 - San Diego Reader - GGHCDC MAD.pdf

20070726 - San Diego Reader MAD GGHCDC.pdf20070730 - MAD GGHCDC - NOT A HONEST VOTE.pdf20070800 - NP NEWS - GGHCDC MAD.pdf20070900 - NP NEWS - GGHCDC MAD.pdf20071000 - GGHCDC MAD Directory.pdf20071000 - GGHCDC MAD Oversite Committe.pdf20071100 - NP NEWS - GGHCDC MAD.pdf20071207 - GGHCDC MAD Ballots Oversite Committe.pdf20080000 - GGHCDC brochurefinal_so (3)_1.pdf

20080000 - GGHCDC MAD City Contract 2008-9.pdf20080123 - GGHCDC MAD Oversight Committee.pdf20080200 - GGHCDC MAD Oversight Committee.pdf20080200 - NP NEWS - GGHCDC MAD.pdf20080204 - GGHCDC MAD Oversight Committee.pdf20080225 - GGHCDC MAD Oversight Committee By Laws.pdf20080225 - GGHCDC MAD Oversight Committee.pdf20080317 - GGHCDC MAD Oversight Committee.pdf20080421 - GGHCDC MAD Oversight Committee.pdf20080519 - GGHCDC MAD Oversight Committee.pdf

20080519 - San Diego Reader - GGHCDC MAD.pdf20080521 - San Diego Reader - GGHCDC MAD.pdf20080600 - GHCDC MAD SCI Engeneers Report.pdf20080602 - GGHCDC MAD Oversight Committee.pdf20080616 - GGHCDC MAD Oversight Committee.pdf20080617 - San Diego Reader - GGHCDC MAD.pdf20080620 - San Diego Reader - GGHCDC MAD.pdf20080714 - GGHCDC MAD Oversight Committee.pdf20080715 - GGHCDC MAD Notice of Inviting Bid .pdf

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20080723 - San Diego Reader - GGHCDC MAD.pdf20080730 - San Diego Reader - GGHCDC MAD.pdf20080818 - GGHCDC MAD Oversight Committee Procedures.pdf20080818 - GGHCDC MAD Oversight Committee.pdf20080819 - San Diego Reader - GGHCDC MAD.pdf20080900 - GGHCDC MAD Newspaper.pdf20080915 - GGHCDC MAD Oversight Committee.pdf

20080917 - San Diego Reader - GGHCDC MAD.pdf20081020 - GGHCDC MAD Oversight Committee.pdf20081022 - San Diego Reader - GGHCDC MAD.pdf20081112 - SD 21.reporttocitycouncilfy09.pdf20081117 - GGHCDC MAD Oversight Committee.pdf20081118 - San Diego Reader - GGHCDC MAD.pdf20081215 - GGHCDC MAD Oversight Committee.pdf20081216 - MAD MAP SD City.pdf20081230 - HUD Audit - San Diego ig0991005.pdf20090105 - GGHCDC MAD Oversight Committee.pdf

20090202 - GGHCDC MAD Oversight Committee.pdf20090302 - GGHCDC MAD Oversight Committee.pdf20090303 - San Diego Reader - GGHCDC MAD.pdf20090307 - San Diego Reader - GGHCDC MAD.pdf20090323 - GGHCDC MAD sidewalk repair Letter.pdf20090406 - GGHCDC MAD Oversight Committee.pdf20090504 - GGHCDC MAD Oversight Committee.pdf20090601 - GGHCDC MAD Oversight Committee.pdf20090606 - GGHCDC MAD Oversite Committe.pdf

20090629 - GGHCDC MAD Promotions Letter.pdf20090630 - COMMUNITY DEVELOPMENT BLOCK GRANT-fy092ndreprogramming.pdf20090707 - San Diego Reader - GGHCDC MAD.pdf20090717 - San Diego Reader - GGHCDC MAD.pdf20090814 - MAD Democratic Values and Special Assessments.pdf20090918 - San Diego Reader - GGHCDC MAD.pdf20090930 - GGHCDC MAD Disband Oversight Committee Vote.pdf20100000 - FY11 SD budget MAD 14v1appendix.pdf20100203 - MAD Court Final Judgment GHAA.pdf

20100203 - MAD Court Findings Judgment GHAA.pdf20100223 - GHNA - MAD help.pdf20100324 - MAD University Avenue - uampmtgpresentation.pdf20100411 - MAD GGHCDC Illegale $732,746 Budget.pdf20100421 - San Diego Reader - CDC No Refunds.pdf20100501 - San Diego Reader - GGHCDC MAD.pdf20100600 - MAD GGHCDC.pdf20100726 - fy11ao.pdf20100831 - GHHCDC Audit.pdf

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20100913 - MAD VENDOR LOT SUMMARY 9958.pdf20101001 - GGHCDC MAD Annual Report 2009.pdf20101105 - GGHCDC Hotline Investigation 11-5.pdf20101110 - UTSanDiego.pdf20101120 - 25th Street Project.pdf20101201 - San Diego Reader - GGHCDC MAD.pdf20110000 - MAD 25th Street.pdf

20110200 - MAD Oversight Cmte agenda-Feb 2011.pdf20110415 - GGHCDC 25thFINAL-FLYER#3.pdf20110504 - GGH CPUAC.pdf20110505 - GGHCDC 25th St Project.pdf20110510 - GGHCDC MAD Farmer's Market.pdf20110517 - SD Developemnet services.pdf20110600 - FY11 SD budget 10_37.pdf20110600 - SD Planning Groups contactlist.pdf20110604 - Fed Report CDC990-ending Aug 2010.pdf20110604 - Fed Report CDC990.pdf

20110711 - GGHCDC MAD Audit.pdf20110726 - San Diego Reader - GGHCDC MAD.pdf20110900 - GHHCDC Boardmembers.pdf20110922 - COURT Appellate-Final Ruling-D057004.pdf20110922 - D057004.PDF20110922 - San Diego Reader - GGHCDC MAD.pdf20111003 - Todd Gloria & David Alvarez GGH MAD D3_D8 Memo.pdf20111004 - San Diego Reader - GGHCDC MAD.pdf20111006 - GGHCDC MAD BMurry email.pdf

20111014 - California Taxpayers Association - GGHCDC MAD.pdf20111014 - San Diego Uptown News - GGHCDC MAD.pdf20111020 - NP NEWS - GGHCDC MAD.pdf20111021 - San Diego Reader - GGHCDC MAD.pdf20111031 - GGHCDC MAD HISTORY.pdf20111031 - GGHCDC MAD HISTORY.ppt20120000 - MAD 25th Street v3schedule1.pdf20120215 - UTSanDiego.pdf20120219 - SD Planning Groups contactlist.pdf20120312 - GGHCDC MAD City Dissolution.pdf

20120329 - Property Tax Letter 2011-12.pdf20120412 - Greater Golden Hill Planning Committee.pdf20120412 - UpTown News Artical.pdf20120419 - GGHCDC Meeting Agenda.pdf20120419 - GGHCDC WebPage.pdf20120422 - Marco LiMandri - New City America.pdf20120423 - GGHCDC MAD Trash Cans.pdf20120900 - GGH Planning.pdf

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