§121.0206 Liability

• (a) The City Manager or designated Code Enforcement Official charged with the enforcement of the Land Development Code, acting in good faith and without malice in the discharge of the duties required by the Land Development Code or other applicable law or ordinance, shall not be held personally liable for damages to persons or property as a result of an act, or by reason of an act, or omission in the discharge of these duties. A suit brought against the City Manager or designated Code Enforcement Official because of any act or omission by the City Manager or employee in the enforcement of any provision of the Land Development Code or other applicable laws or ordinances implemented through the enforcement of the Land Development Code, or enforced by the code enforcement agency, shall be defended by the City until termination of the proceedings, and the City shall assume responsibility for any resulting judgment.

• (b) The Land Development Code shall not be construed to relieve from, or lessen the responsibility of, any person who owns, operates, or controls any structure for any damages to person or property caused by defects. The City Manager, the code enforcement agency, or the City shall not be held liable by reason of the inspections authorized by the Land Development Code or any permits or certificates issued under the Land Development Code.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 1 2 3

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2021)