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HomeMy WebLinkAboutG44-25 Ordinance No. G44-25 AN ORDINANCE AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE ENTITLED "RESIDENTIAL REHABILITATION PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.30.050 of the Elgin Municipal Code, entitled "Owner occupied, single-family dwelling rehabilitation grant program" be and is hereby amended to read as follows: 2.30.050. Owner occupied, single-family dwelling rehabilitation grant program. A. Eligible rehabilitation. Exterior repair or rehabilitation of owner-occupied, lawful single-family dwellings. Eligible assistance shall be limited to the actual costs incurred in meeting the requirements of the property maintenance code. B. Applicant qualifications. Eligible applicants shall include any person who meets all of the following qualifications: 1. Owns and occupies a lawful single-family dwelling located within the corporate limits of the city and outside of a"special management area."as defined in the Kane County stormwater management ordinance as adopted by the city, including a floodplain, regulatory floodplain, wetland, wetland mitigation area, or other like area. 2. Is at least eighteen (18) years of age. 3. Is a member of a household meeting the current Section 8 guidelines established by HUD. C. Grants. The amount of any grant shall be determined by the community development director or designee in accordance with the following residential rehabilitation program eligibility guidelines: Applicants with household incomes meeting the Section 8 extremely low income, very low- and low-income guidelines may qualify for a one hundred percent (100%) grant not to exceed twenty-four thousand two hundred dollars ($24,200.00). An additional grant in the amount not to exceed thirteen thousand five hundred dollars ($13,500.00) for a total grant. amount not to exceed thirty-seven thousand seven hundred dollars ($37,700.00) may be provided for the removal or mitigation of lead-based paint hazards on the interior of the residential structure in accordance with the U.S. Department of Housing and Urban Development's (HUD) Lead-Safe Housing Rule. 24 CFR 35 entitled "Lead-Based Paint Poisoning Prevention in Certain Residential Structures.' In the event the total cost of the rehabilitation project exceeds twenty-four thousand two hundred dollars ($24,200.00), the rehabilitation project shall not be eligible for a grant under this chapter. In addition, in the event the total cost of the removal or mitigation of lead- based paint hazards on the interior and/or exterior of the residential structure exceeds thirteen thousand five hundred dollars($13,500.00),the rehabilitation project shall not be eligible for a grant under this chapter. In no event shall the amount of the grant under this chapter exceed thirty-seven thousand seven hundred dollars($37,700.00). Each grant dollar value in this subsection C. shall be adjusted upward effective January 1,2026, and annually thereafter in the percentage amount equal to the percentage increase for the previous twelve(12) months published in the U.S. Department of Labor. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U; Series ID: All items in Chicago-Naperville-Elgin, IL-IN-WI, all urban consumers, not seasonally adjusted; Base Period: 1982-1984 equals one hundred (100)). D. Conditions; agreement required. Program participation shall require the execution of an agreement between the owner and the city. The community development director, or designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, the following requirements for the owner: 1. The owner shall allow a city selected and approved contractor to complete exterior repair or rehabilitation of the owner occupied, lawful single-family dwelling designated within the agreement in compliance with the property maintenance code within a six (6) month period from the date of the execution of the agreement. 2. The owner shall retain ownership of and continue to occupy such rehabilitated owner occupied, lawful single-family dwelling for a period not less than twelve (12) months following the rehabilitation completion date as determined by the community development director or designee. Should the owner relinquish the owner's ownership interest during the twelve (12) month period, the grant shall be repaid by the owner in full. 3. An owner who owns a property built prior to January 1. 1978, is subject to HUD's I,ead-Safe Housing Rule, 24 CFR 35 and the city's lead hazard reduction policies as defined in the city Community Development Block Grant Policies arid Procedures Manual. The owner shall agree to the following to assist the city in complying with its lead hazard reduction policies: a. The owner shall allow an initial lead-based paint hazard inspection to be conducted by a city appointed inspector on the interior and exterior of the dwelling and where applicable, on the interior and exterior common areas of the property which may include, but not be limited to, the garage, fences 2 and bare soil. b. The owner shall agree to the mitigation or removal of any lead-based paint hazards identified by the initial inspection on the interior and exterior of the dwelling and as identified,on the interior and exterior common areas of the property which may include, but not be limited to, the garage, fences and bare soil. Any such mitigation or removal or any lead-based paint hazards will be completed by the city's selected contractor at no cost to the owner through an additional grant providing for such mitigation or removal pursuant to the provisions of subsection C of this section. c. During the time period of the initial inspection and during the course of the project, the owner may be required to temporarily relocate from the property. The costs associated with the temporary relocation of the owner shall be at no cost to the owner, such temporary relocation costs to be paid from the grant funds for the project pursuant to the provisions of subsection C of this section. d. Regardless of participation in the program,the owner of a pre-1978 building shall be required to disclose all the findings of the initial lead-based paint hazard inspection and where applicable, risk assessment,and lead clearance reports upon sale of the property, in accordance with HUD'S Lead-Safe Housing Rule, 24 CFR 35, subpart A entitled "Disclosure of Known Lead- Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property." 4. The owner shall allow periodic inspections of the property by the city to monitor the progress of the work, including, but not limited to, a final inspection. Upon completion of the work, the owner shall allow a final lead-based paint hazard inspection to be conducted by a city-appointed inspector on the interior and exterior of the dwelling to determine the extent of lead hazard mitigation or removal and allow the preparation of a lead clearance report. 5. To the greatest extent possible considering the maximum amount of funding available to an individual owner within subsection C of this section, program participation and exterior rehabilitation activities shall either result in full compliance, or demonstrate working toward full compliance, with the property maintenance code as it applies to the exterior of the single-family dwelling. The maximum amount of funding available to an individual owner within this section, or an expectation of participation in this program in future years, shall not stay enforcement of property maintenance code violations. Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. 3 Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. G/.liv David J. Kapt n, or Presented: September 24, 2025 Passed: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: September 24, 2025 - : Published: September 24, 2025 • At st• t, i%t, \ ;' imberly Dewik i • Clerk 4