Division 3 — Administration of Program

(“Administration of Program” added 1–23–1975 by O–11483 N.S.)

The City Manager shall be responsible for administration of all aspects of the Rehabilitation Assistance Program except those for which responsibility is specifically retained by the City Council or assigned by the City Council to another City agency. The City Manager and each City agency assigned responsibilities by or pursuant to this chapter, shall have all such authority as may be reasonably necessary to carry out those responsibilities. The City Manager may also request the assistance of any other City agency in meeting his or her responsibilities under this program. The Housing Advisory Board shall serve in a review and advisory capacity to the City Manager and City Council.

(“Responsibility for Administration of Program” added 1–23–1975 by O–11483 N.S.)

The City Manager shall promulgate such rules and regulations as he or she may deem appropriate to carry out the provisions of this chapter. These rules and regulations shall be developed with the participation of the Citizen Advisory Committees. A copy of all such rules and regulations shall be available for review by the public during regular business hours in the office of the City Clerk, Development Services Department, and in every other office established for the purpose of carrying out this program.

(Amended 7–25–1994 by O–18088 N.S.)

Unless provided otherwise in any bond resolution adopted pursuant to the provisions of this chapter, the City Manager may:

• (a) Invest and reinvest both the bond proceeds and the revenues from the financing of residential rehabilitation; and

• (b) Manage fiscally the proceeds of bonds issued for the purpose of establishing a residential rehabilitation loan fund; or

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• (c) Enter into contractual arrangement with private lending institutions or trust companies to manage the residential rehabilitation loan fund, including investment and reinvestment of the funds, disbursements from the fund and collection of revenues.

• (“Management of Bond Proceeds” added 1–23–1975 by O–11483 N.S.)

The City Manager, acting on the advice of the City Auditor and Comptroller, shall recommend to the City Council for adoption:

• (a) The fees, charges and interest rates which will be charged participating parties in connection with financing residential rehabilitation; and

• (b) Revisions, as necessary, of the fees, charges and interest rates levied on participating parties, consistent with the standards adopted by the City Council pursuant to Section 99.0205.

• (“Recommendation of Fees, Charges, and Interest Rates on Financing” added 1–23– 1975 by O–11483 N.S.)

When there is a default on a conventional RAP loan secured by a deed of trust naming the City as a beneficiary and the property becomes subject to foreclosure procedures, the City Manager shall so inform the Citizens Advisory Committee for the residential rehabilitation area where the property is located. The City Manager, Housing Advisory Board and the RAP–CAC may make reasonable efforts to enable owners’ retention of property and/or equity.

(“Notice of Defaults and Foreclosures” added 1–23–1975 by O–11483 N.S.)

Subject to funds being available, the City Manager shall cause to be published and available for distribution to the public a brochure describing RAP and how it affects both tenants and property owners. Every effort will be made to encourage and foster a balanced community development in accordance with City Council Policy 600–19. (“Publication of Explanatory Brochure” added 1–23–1975 by O–11483 N.S.)

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Article 9: Residential Rehabilitation Loan Program

Division 4: Citizens Advisory Committee — Area Loan Committee (“Citizens Advisory Committee — Area Loan Committee” added 1–23–1975 by O–11483 N.S.)

• (a) There shall be established a RAP Citizens Advisory Committee for each residential rehabilitation area. Any such committee shall function under Section 43(b) of the Charter of The City of San Diego until the completion of the objective for which it was created at which time it shall be dissolved. Each Citizens Advisory Committee shall consist of eleven (11) persons and shall function with a quorum of seven (7) persons.

• (b) At least six (6) members of the RAP Citizens Advisory Committee shall be owners of real property located within the rehabilitation area.

• (c) Not more than three (3) members of the RAP Citizens Advisory Committee shall be tenants who are residents of the designated area.

• (d) At least two (2) members of the RAP Citizens Advisory Committee shall be representatives of organized community groups, providing services to the area. The status of a representative of a community group as a tenant or as a property owner shall not be considered for the purpose of determining compliance with subsections B and C. Where there are no organized community groups providing services to the area, the two (2) member allocation shall be equally divided and given to the property owner and tenant constituency on the committee.

The Housing Advisory Board described in Section 98.29 of the San Diego Municipal Code, which is a permanent Board with on–going functions in housing matters, will monitor and assist the RAP program as necessary. Housing Advisory Board members will be notified and invited to attend RAP–CAC meetings as ex officio.

(“Citizens Advisory Committee — Membership” added 1–23–1975 by O–11483 N.S.)

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The functions of the Citizens Advisory Committee include the following:

• (a) Assist the relevant City departments in developing a plan for public improvements in the residential rehabilitation area;

• (b) Participate with the City Manager in development of the rules and regulations governing implementation of the program;

• (c) Assist the City Manager in implementation of the residential rehabilitation program in the residential rehabilitation area;

• (d) Appoint a representative from the residential rehabilitation area to the Loan Committee;

• (e) Act as liaison between the City Manager and the owners of property in, and residents of, the residential rehabilitation area in solving problems which arise in the course of implementation of the program;

• (f) Periodically monitor rents in the residential rehabilitation area, before and after rehabilitation work has been done under a RAP loan, to determine if unreasonable rent increases have occurred, and take appropriate action when this is the case.

• (“RAP Citizens Advisory Committee — Functions” added 1–23–1975 by O–11483 N.S.)

There shall be a Loan Committee which shall function under Section 43(b) of the Charter of The City of San Diego until completion of the objective for which it was created at which time it shall be dissolved. Said committee shall consist of the following members:

• (a) One individual from each residential rehabilitation area recommended by the Citizens Advisory Committee for the area;

• (b) The City Manager or his designated representative;

• (c) One individual qualified in the field of real estate lending and financing who shall be appointed by the Mayor and City Council, unless provided otherwise in any bond resolution issued pursuant to the provisions of this chapter; and

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• (d) A member of the Housing Advisory Board.

In the event a contractual arrangement is entered into by the City pursuant to Section 99.0303 under the terms of which a private lending institution or institutions agrees to manage the loan funds, the member specified in paragraph C above shall be a representative of said lending institution or institutions, and any determination on the granting of loans shall be advisory only and shall not be binding on the lending institution.

• (“Loan Committee — Membership” added 1–23–1975 by O–11483 N.S.)

The functions of the Loan Committee are as follows:

• (a) The Loan Committee shall periodically review the rules and procedures and standards for the granting of residential rehabilitation loans and shall recommend changes as needed to the City Council.

• (b) The Loan Committee shall review and recommend approval or denial of applications required to be considered by the Loan Committee by or pursuant to this chapter.

• (c) The Loan Committee shall operate in a manner consistent with bylaws which shall be developed by the City Manager and Housing Advisory Board, and the recommendations of approval or denial of loan applications shall be in accordance with the requirements contained in, or adopted pursuant to, this chapter.

• (“Loan Committee — Functions” added 1–23–1975 by O–11483 N.S.)

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San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(6-2000)

Article 9: Residential Rehabilitation Loan Program