San Diego Municipal Code Div. 1 In General

(“In General” added 1–23–1975 by O–11483 N.S.)

This chapter provides for the administration and financing of a Rehabilitation Assistance Program (RAP) in the City of San Diego. The provisions of this chapter constitute the City’s comprehensive residential rehabilitation financing program adopted pursuant to the Marks Foran Residential Rehabilitation Act of 1973, Section 37910, et seq., of the California Health and Safety Code. The purpose of RAP is to improve the condition of housing and the quality of life in San Diego by providing a means through which property owners in voluntarily designated residential areas in San Diego which are deteriorating may obtain financial assistance to rehabilitate their property. It shall be the policy of RAP in San Diego to preserve and improve existing residential neighborhoods. The methods to be used consist of concentrated code enforcement, relocation assistance, low–cost, long–term loans for property rehabilitation, and public improvements necessary to ensure the successful rehabilitation of the area, and it shall be the policy of the City to provide adequate funding for these purposes as funds are available. (“Purpose” added 1–23–1975 by O–11483 N.S.)

Unless the context otherwise requires, the following definitions govern the construction of this chapter:

(a) “Housing Advisory and Appeals Board” means the Board described in
Section H–203 of the San Diego Housing Code.

(b) “Housing Advisory Board” means the Board described in Section 98.29 of the
San Diego Municipal Code.

(c) “Bonds” means any bonds, notes, interim certificates, debentures, or other
obligations issued by the City pursuant to this chapter and which are payable

Ch. Art. Div.
9 9 1 1

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (6-2000)

exclusively from revenues, as defined, and from any other funds specified in
this chapter upon which the bonds may be made a charge and from which they
are payable.

(d) “City” means The City of San Diego.

(e) RAP “Citizens Advisory Committee” (CAC) means the broadly represented
committee established in accordance with Section 99.0401.

(f) “Code enforcement area” has the same meaning as “residential rehabilitation
area.”

(g) “Conventional RAP loan” means any residential rehabilitation loan made
pursuant to the provisions of this chapter which is not a hardship loan.

(h) “Designated area” has the same meaning as “residential rehabilitation area.”

(i) “Financing” means the lending of money or any other thing of value for the
purpose of residential rehabilitation and unless otherwise indicated includes
refinancing of outstanding indebtedness of a participating party with respect
to property which is subject to residential rehabilitation.

(j) “General property improvements” means those items of residential
rehabilitation which are not necessary to remedy either existing violations of
the City Housing Code or other applicable City codes relating to the physical
conditions of structures, or incipient violations thereof.

(k) “Hardship loan” means a loan of not more than $3,500 made to a low–income
owner–occupant of property requiring residential rehabilitation made pursuant
to Division 8 of this chapter.

(l) “Incipient Code Violation” is a physical condition which can be expected to
deteriorate into a violation of a rehabilitation standard within two years.

(m) “Loan Committee” means the committee established in accordance with Section 99.0403.

(n) “Participating party” means any person, company, corporation, partnership,
firm or other entity or group of entities requiring financing for residential
rehabilitation pursuant to the provisions of this chapter.

Ch. Art. Div. 9 9 1 2

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (6-2000)

(o) “Program” means the Rehabilitation Assistance Program described in this
chapter and includes, but is not limited to, the provisions for code
enforcement, rehabilitation financing, and installation of public improvements
in residential rehabilitation areas.

(p) “Rehabilitation Assistance Program” or “RAP” has the same meaning as
“program.”

(q) “Rehabilitation standards” means the standards established in the City
Housing Code and other applicable City codes which assure adequate and safe
structures and utility systems without deficiencies of physical conditions in
order to protect the health, safety and/or general welfare of inhabitants.

(r) “Residence” means any structure, residential or commercial, which is located
in a residential rehabilitation area.

(s) “Residential rehabilitation” means the construction, reconstruction,
renovation, replacement, extension, repair, betterment, equipping, developing,
embellishing, or otherwise improving residences consistent with standards of
strength, effectiveness, fire resistance, durability, and safety, so that such
structures are satisfactory and safe to occupy for residential purposes and are
not conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency or crime because of any one or more of the following factors:

(1) Defective design and character of physical construction.

(2) Faulty interior arrangement and exterior spacing.

(3) Inadequate provisions for ventilation, lighting and sanitation.

(4) Obsolescence, deterioration and dilapidation.

(t) “Residential rehabilitation area” means the geographical area determined
pursuant to the provisions of Division 5 hereof. It may also be referred to as
the “designated area” or the “Code enforcement area.”

(u) “Residential rehabilitation loan fund” means the fund established with the
proceeds of bonds issued pursuant to the provisions of this chapter.

(v) “Revenues” means all amounts received as repayment of principal, interest, and all other charges received for, and all other income and receipts derived by, the City of San Diego from the financing of residential rehabilitation, including

Ch. Art. Div.
9 9 1 3

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (6-2000)

monies deposited in a sinking, redemption or reserve fund, or other fund, to secure the bonds or to provide for the payment of the principal of, or interest on, the bonds, and such other monies as the City Council may, in its discretion, make available therefor.

(“Definitions” added 1–23–1975 by O–11483 N.S.)

(a) Unless otherwise indicated, all public officials and public agencies named in this chapter are officials and agencies of the City.

(b) Whenever a City official is referred to in this chapter, the reference includes
that official and his or her designee or designees.

(c) All references to the Charter or to ordinances are references to the Charter or
ordinances of the City.

(d) Under direction and review of the City Manager, the managerial, the planning,
and legal departments should appropriately participate in the RAP Program.
(“References to Public Officials and Public Agencies” added 1–23–1975 by O–
11483 N.S.)

Ch. Art. Div. 9 9 1 4

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (6-2000)

Article 9: Residential Rehabilitation Loan Program