San Diego Municipal Code § 61.2113 Supervision of Preparation Cost Deferrals by City Manager

The City Manager shall provide continuing supervision of all finally approved applications for preparation cost deferral, all lien agreements furnished to the City pursuant to such applications, the payment to the City of all amounts due thereunder, the financial transactions of owners affecting the lien agreements, and owner’s continuing eligibility as a qualified limited–income owner. (“Supervision of Preparation Cost Deferrals by City Manager” added 3–13–1978 by O–12314 N.S.)

Upon final approval of any application and execution of the lien agreement, the City Manager shall immediately record the lien with the County Recorder of San Diego County. (“Supervision of Preparation Cost Deferrals by City Manager” added 3–13–1978 by O–12314 N.S.)

The City Manager shall keep and maintain records showing all finally approved applications for preparation cost deferral, all lien agreements, all payments made and all defaults.

The City Manager shall establish and maintain a system for supervision of all payments due the City.

Ch. Art. Div. 6 1 21 8

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)

Insofar as practicable, the system shall disclose all proposed, pending, or completed transfers or refinancing of any real property in which the City has a security interest. (“Same — Records” added 3–13–1978 by O–12314 N.S.)

Not less than once a year, the City Manager shall review all finally approved applications, the security furnished the City pursuant thereto, and the financial transactions and condition of applicant. For that purpose, the City Manager may require the applicant, either orally or in writing, to furnish information given under penalty of perjury concerning:

(a) Any proposed, pending, or completed transfers or refinancing affecting the
real property in which the City has a security interest.

(b) Applicant’s continuing eligibility as a qualified limited– income owner.

The failure or refusal of applicant to furnish such information shall be deemed an
event of default, upon the occurrence of which the City may enforce its security
interest.
(“Same — Annual Review of Status of Securities Applicants” added 3–13–1978 by
O–12314 N.S.)

If an applicant ceases to be a qualified limited–income owner or fails or refuses to make payments to the City when due, or if, in the opinion of the City Manager, it appears probable that such payments will not be made when due, the City Manager shall report such matters to the Council, together with his recommendations. Thereupon the Council may instruct the City Manager to make further efforts to collect amounts due, authorize the City Manager to compromise or write off all or any part of the amounts due, or order the City Manager to refer the matters to the City Attorney for enforcement of the City’s security. (“Same — Default by Owners” added 3–13–1978 by O–12314 N.S.)

Upon receipt from the City Manager of notice of actual or probable default upon a lien agreement executed for the City, the City Attorney shall undertake such legal action as may be necessary to protect the interests of the City.

Ch. Art. Div.
6 1 21 9

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)

If, in the opinion of the City Attorney, all or part of the amounts due the City are

uncollectible or the estimated costs and expenses of collection would exceed the amount of the probable recovery, the City Attorney shall so report to the Council, together with his recommendations. Thereupon, the Council may instruct the City Attorney to further prosecute enforcement of the security or authorize the City Attorney to compromise or write off all or any part of the amounts due. (“Enforcement of Security by City Attorney” added 3–13–1978 by O–12314 N.S.)

Ch. Art. Div. 6 1 21 10

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)

Article 1: Public Improvement and Assessment Proceedings

Division 23: San Diego Improvement District Procedural Ordinance

Part 1

General Provisions and Definitions

(Editors note: Chapter 6, Article 1, Division 23 added 8–24–1988.)