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HomeMy WebLinkAboutG12-98 (2) Ordinance No. G12-98 AN ORDINANCE AMENDING CHAPTER 20 . 15 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 20 . 15 . 030 of the Elgin Municipal Code, 1976 , as amended, entitled "Establishment" be and is hereby amended in its entirety to read as follows : "20 . 15 . 030 ESTABLISHMENT. There is hereby established a historical/archi- tectural rehabilitation grant program for the City of Elgin. Completed applications must be submitted by the deadline published by the Department of Code Administration and Neighborhood Affairs and shall be reviewed based on established criteria for selection. Grants for the program established may be made until funds budgeted for such use are exhausted. " Section 2 . That Section 20 . 15 . 050 of the Elgin Municipal Code, 1976 , as amended, entitled "Historic/Architectural Rehabilitation Grant Program" be and is hereby amended by amending subparagraphs A, B, D and E2 thereof to read as follows : "A. Eligible Activities . Grants for the exterior historic/architectural rehabilitation of historically/architecturally significant residential structures shall be limited to actual out of pocket expenses incurred in meeting the requirements of the Elgin Design Guideline Manual . Program participation and historical/architectural rehabilitation activities must result in full compliance with such standards as they apply to the exterior of the structure. In addition, as a condition of any grant, eligible properties must be brought into full compliance with the current, adopted BOCA Property Maintenance Code by the end of the eighteen ( 18) month term of the grant agreement . Notwithstanding the foregoing requirement, a property shall be considered eligible for participation in the grant program if the owner of the property has either previously or simultaneously with the execution of grant program agreement also entered into a long term rehabilitation agreement for the property pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, providing for the correction of all code violations . The term of any such long term rehabilitation agreement shall not exceed fifty-four ( 54 ) months . As a condition of continued eligibility for the grant program and disbursement of any grant funds, the property owner must at all times be in compliance with the schedule for corrective work in the long term rehabilitation agreement . " "B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful conforming or lawful nonconforming residential structure which is more than 50 years old and contains no more than four ( 4 ) dwelling units; and 2 . Is at least 18 years of age . " "D. Partial Payments . Partial payments of grant funds for completed historic/architectural rehabilitation activities may be allowed if the completed historic/architectural rehabilitation activities relate to discrete, separate improvements to a property and if the applicant ' s financial ability to participate in the program is dependent upon partial payments throughout the program of the work. " "E . Conditions-Agreement Required. 2 . The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin Design Guideline Manual and in conformance with the Certificate of Appropriateness within an eighteen ( 18) month period from the date of the execution of the grant agreement . " Section 3 . That Section 20 . 15 . 050 of the Elgin Municipal Code, 1976 , as amended, entitled "Program-General" be and is hereby further amended by adding subparagraph F thereof to read as follows : • "F. Change to Original Scope of Grant Project. In the event an applicant desires to modify the scope of a grant project the applicant must make a written request to the director of the department of code administration and neighborhood affairs within 180 days of execution of the grant agreement . Such written request shall specifically identify the proposed modifications to the original scope of the grant project and the reasons for same . Requests to modify the scope of a grant project shall not extend the eighteen ( 18 ) month term of a grant agreement. The modified project shall then be reevaluated based upon the established criteria for selection. If the modified project still qualifies for grant funds in the budget cycle for which the original grant was awarded then the grant allocation shall be adjusted to reflect the modifications to the scope of the grant project but in no event shall the grant allocation exceed the original allocated amount. If the modified grant project fails to qualify pursuant to the criteria for selection the grant monies will be deemed forfeited and the next qualified applicant will be invited to participate in the grant program. " Section 4 . That Section 20 . 15 . 060 of the Elgin Municipal Code, 1976 , as amended, entitled "Program-General" be and is hereby further amended by amending subparagraph A thereof to read as follows : "A. Evaluations and Compliance with Codes . 1 . The Director of the Department of Code Administration and Neighborhood Affairs shall evaluate, or cause to be evaluated, all premises for which grants are approved by the city council pursuant to the terms of this program for compliance with the current, adopted BOCA Property Maintenance Code, the Elgin Municipal Code ( EMC) , Title 19-Zoning Ordinance, and any other applicable codes and ordinances . Such evaluation shall be made prior to the execution of any agreement for a grant in order to confirm the existence of any violations of codes or ordinances , and to determine the scope of the historic/architectural rehabilitation project . 2 . A second evaluation shall be made prior to the payment of a final grant to confirm compliance with the Elgin Design Guideline Manual , the Certificate of Appropriateness and other codes and ordinances . 3 . In the event the work under the grant program is completed within the eighteen ( 18) month time period as provided by the grant program agreement, but other code violations exist on the property which were not identified in the first evaluation, a compliance time frame shall be set by the Director of the Department of Code Administration and Neighborhood Affairs setting forth a schedule for the correction of such code violations . No grant funds shall be paid until any and all such code violations are corrected in conformance with the compliance L time frame . In establishing a compliance time frame the Director of the Department of Code Administration and Neighborhood Affairs shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations . Such a compliance time frame shall not exceed ninety ( 90 ) days unless the Director of the Department of Code Administration and Neighborhood Affairs determines in writing that adverse weather conditions prevent the correction of violations within such ninety ( 90 ) day period. In such event the Director of Code Administration and Neighborhood Affairs shall determine the additional reasonable time necessary for the compliant time frame. A further reinspection shall be conducted at the end of the compliance time frame . Upon completion of such reinspection grant funds shall be disbursed to the property owner if the property meets the requirements of applicable codes . If the Director of the Department of Code Administration and Neighborhood Affairs finds that the requirements of applicable city codes have not been met, any grant funds shall be deemed forfeited. 4 . In the event the work under the grant program has not been properly completed within the eighteen ( 18 ) month time period as provided by the grant program agreement or other code violations on the property remain which were identified in the first evaluation and which are not included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, the grant funds shall be deemed forfeited. 5 . In the event the work under the grant program is completed within the eighteen ( 18 ) month time period as provided by the grant program agreement but other code violations on the property remain which are included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030 , as amended, the City shall retain twenty-five percent ( 25% ) of the total of the grant funds until such time as the property is brought into compliance with all applicable codes and ordinances . In the event the property owner at any time violatesthe schedule for corrective work of such a long term rehabilitation agreement, any grants funds not previously paid shall be deemed forfeited. " Section 5 . That Section 20 . 15 . 060 of the Elgin Municipal Code, 1976 , as amended, entitled "Program--General" be and is hereby further amended by adding a subparagraph F thereof to read as follows : "F . Abstention from Voting by Member of Heritage Commission with Pending Grant Application. A member of the Heritage Commission who has a pending grant application for the Historic/Architectural Rehabilitation Grant Program shall abstain from the vote by the Heritage Commission recommending a project eligibility list to the City Council . " Section 6 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law, provided however, the provisions of this ordinance may be applied retroactively to consenting existing program participants . • s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 25, 1998 Passed: February 25 , 1998 Omnibus Vote: Yeas 7 Nays 0 Recorded: February 26 , 1998 Published: February 27 , 1998 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk I::. 1 City of Elgin Agenda Item No. - VV L n 4 :, 411�R'�T[D FE0 February 6, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Historic Architectural Rehabilitation Grant Program - Ordinance Amendment PURPOSE' The purpose of this memorandum is to provide the Mayor and members of the City Council with information on proposed amendments to Chapter 20 . 15 of the Elgin Municipal Code - Historic Architectural Rehabilitation Grant Program. BACKGROUND IIIThe Historic Architectural Rehabilitation Grant Program provides incentives to residential property owners to offset the costs of rehabilitation work. Eligible properties are either in the City' s locally designated historic districts or are a designated historic landmark. Currently in its third year, the program again matches private investment with City funds up to $10, 000 per project. The following statistics show the continued high level of interest on the part of property owners in making improvements through program participation. 1997 1996 1995 Total number of applications eligible 23 27 25 for the grant (applications surpassing the minimum allowable threshold of 40 points) Total number of selected grant recipients 12 13 15 (allowed by the total program allocation of $100, 000) . With the designation of the Elgin National Watch Historic III District in 1997 , the number of potential participants has been increased to over 1,500 properties . ' Historic Architectural Rehabilitation Grant Program February 6 , 1998 Page 2 In the last three years of managing the program, certain administrative and policy modifications have been determined necessary to allow the continued high level of impact of the program while offering incentives to property owners in the historic districts . These modifications involve changes to Chapter 20 . 15 - Historic Architectural Rehabilitation Grant Program of the Elgin Municipal Code. Attachment A is a copy of the ordinance amending Chapter 20 . 15 of the Elgin Municipal Code - Historic Architectural Rehabilitation Grant Program. The Elgin Heritage Commission' s Grant Review Subcommittee has met extensively over the past months reviewing their experiences with the program. The changes are made with the goal of encouraging increased participation in the program, streamlining the selection process and encouraging historically and architecturally appropriate improvements for the betterment of the entire neighborhood and encouraging additional compliance with applicable codes . The following is a summary of the proposed amendments . 1 . Review of applications will be conducted prior, to an established deadline, rather than in the order which they are received. Applications will continue to be reviewed based on the established criteria for • selection until funds budgeted for the program are exhausted. 2 . Eligible properties will require full code compliance prior to final City payment for their project, rather than prior to participating in the program. 3 . Properties with outstanding code violations will be eligible to participate in the program if they enter into a Long Term Rehabilitation (LTR) agreement with the City pursuant to Section 2 . 65 . 030 of the Elgin Municipal Code. The term for any such LTR agreement is proposed not to exceed fifty-four months from the execution of the LTR agreement. The City will retain 25 percent of the allocated grant funds until the property is brought into complete compliance with all codes . 4 . In addition to the evaluation of the proposed work, inspection of properties will be carried out by the Department of Code Administration and Neighborhood Affairs prior to execution of the grant agreement to determine any code violations . 5 . A second evaluation will be carried out on the property prior to disbursing the funds to ensure that • violations are corrected. However, in the event the grant work is completed, but other code violations exist which were not identified during the first ' Historic Architectural Rehabilitation Grant Program February 6 , 1998 Page 3 • evaluation, additional time, as determined by the Department of Code Administration and Neighborhood Affairs, shall be provided for compliance to a maximum of 90 days . No funds will be disbursed until the property is fully compliant unless an LTR has been secured. 6 . Modification of the original scope of a grant project will be allowed if requested in writing within 180 days of undertaking the grant agreement. The modified project will then be reevaluated based upon the established criteria for selection. If the modified project still qualifies for funding under the budget cycle, the grant allocation will then be modified to reflect the modified scope of the project but would not exceed the original allocated amount. If the modified grant project fails to qualify based upon the established criteria for selection, then the grant funds will be forfeited and the next selected recipient will be invited to participate in the program. 7 . Partial payments are proposed to be allowed if the work activities under the grant program relate to discrete, and separate improvements to the property and the applicants ' financial ability to participate 111 in the program is dependent upon partial payments throughout the program of work. The City will retain 25 percent of the allocated grant funds until the grant project is completed and the property is brought into complete compliance with all codes . 8 . Chapter 20 . 15 is amended to reference the recently completed Elgin Design Guideline Manual . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Elgin Heritage Commission' s Grant Review Subcommittee completed an exhaustive review of Chapter 20 . 15 in conjunction with the City' s legal counsel . A memorandum' to the City Council from the Commission is attached (Attachment B) . The Heritage Commission presents two additional alternatives for consideration in their memorandum. The first proposal is to require a code compliance inspection only on the exterior of the property receiving a grant . This system would match the requirements in place for the Exterior Rebate Program ( funded by the Community Development Block Grant) . The second suggestion is that the code compliance inspection be conducted upon (after) • the grant agreement is signed and the City has committed its funding. ' Historic Architectural Rehabilitation Grant Program February 6 , 190 ' age 4 41, 110(..IL FINANCIAL IMPACT Expenditures from this program will continue to be charged to the .Elgin Riverboat Fund, Account Number 275-0000-791 . 78-99 , Project Number 157100 . In addtiion to $100, 000 in 1998, each subsequent year of the Five-Year Financial Plan has $100, 000/year budgeted. City funds are combined with matching private funds and provide a minimum of $1, 000, 000 investment in 1998-2002 . LEGAL IMPACT eS1/ An ordinance amending Chapter 20 . 15 of the Elgin Municipal Code is attached (Attachment A) . Also see attached memorandum dated 2/6/98. ALTERNATIVES 1 . Approve the proposed amendments to Chapter 20 . 15 of the Elgin Municipal Code to be retroactively applied to all grant recipients currently participating in the program. The amendment will be implemented with the consent of the grant participants who have already undertaken the grant agreement. 2 . Approve the proposed amendments to Chapter 20 . 15 of the Elgin Municipal Code to be retroactively applied • to the all grant recipients currently participating in the program and approve the additional recommendations made by the Elgin Heritage Commission in Attachment B. 3 . Approve the proposed amendments, either with or without the Heritage Commission recommendations, to Chapter 20 . 15 of the Elgin Municipal Code effective for all future participants of the program. RECOMMENDATION It is recommended that the City Council approve alternative 1 and request staff to undertake execution of the ordinance. Respectfull Submitted, /?) Clay arson, Director Code dministration and ,N ' ghborhood Affairs (2 - 44\---- • Jo e A Parker City Manager OF E. �; City of Elgin Mayor Kevin Kelly RATEDfE' Council Members Mayor and City Council Terry Gavin Robert Gilliam City of Elgin John T. McKevitt Ed Schock Elgin Heritage Commission John Walters George Doscher, Chairman Marie Yearman February 4, 1998 Dear Mayor Kelly and City Council members, The Architectural Rehab Grant Program is an extremely valuable incentive in preserving and enhancing Elgin's neighborhoods. The Elgin Heritage Commission thanks the City Council for their foresight in providing this beneficial program. The modifications provided represent potential improvements that have been identified after three years administration of the program. The Elgin Heritage Commission has been working for several months reviewing details of the Architectural Rehab Grant Program and the impact of many potential modifications. Discussions have also occurred within a commission subcommittee and with Clay Pearson, Dept. of Code Admin., Sarosh Saher,Preservation Specialist, and Bill Cogley, Legal Department. Consideration was given to input from previous grant participants and interested parties who chose not to pursue their elective projects for various reasons, some of which are prompting these recommendations. Final discussion and endorsement of the proposed changes occurred an the February 3, 1998 meeting of the Elgin Heritage Commission. To assist in your evaluation of the proposed changes, the commission has requested that I provide a brief reasoning for the requested amendments. Please note that the Heritage Commission also strongly supports the other proposed amendments as presented in the staff memorandum. Section 4. "A". Evaluations and Compliance with Codes. Paragraph 1. (First reference) The first amendment recommended is based on administration and review of previous years Architectural Rehab Grant Program (ARGP) and other city grant programs. Substantial parallels exist between the ARGP and the Exterior Rehab Grant Program (ERGP). Time and review has shown that both programs attract projects that benefit the immediate structure and the surrounding neighborhood. Time also has shown that some projects show visible improvement better than others. • The goal in both programs is to assist the property owners and also to ensure that dollar for dollar, the most benefit is given to the neighborhood and Elgin as a whole. • 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 int Printed on recycled paper • This was addressed in the ERGP by requiring ". . . exterior rehabilitation of the residential structure which is the subject of the agreement in compliance with the current adopted BOCA Property Maintenance Code. . . ". In the case of the ERGP, the desire and need to attract the visible and neighborhood improving projects was deemed more important than inspecting areas of the property for which no grant funding was available. It has been very beneficial and improved the effectiveness of the program. This amendment request relates the same need to attract the best and most visible projects, of which many are not participating because of the inspection requirement in areas for which no grant finding is available. Please also note that the ARGP is targeted for projects that are elective investments by the property owners. We are trying to attract projects that will be truly uplifting and beneficial to the surrounding neighborhoods. Since the ARGP program occurs primarily on properties that are relatively code compliant in comparison to the program (ERGP) targeted to upgrade to basic and minimum standards, it seems the likelihood of finding safety related violations or truly intrusive site violations would be less. There is a tendency within old house owners to complete many upgrades and decorations within the house before doing elective restoration work on the exterior of the house. We feel that amending the inspection criteria to parallel the ERGP will be an incentive to do some of these elective exterior projects first. Our goal is that the property owner and the city's neighborhoods will enjoy projects that may not otherwise happen and enjoy others up to ten years earlier than otherwise possible. We feel that the "icing on the cake" goal of the program would be more effective and beneficial to the neighborhoods through adopting the similar inspection criteria as the ERGP. We feel that the • change has been an improvement for the basic maintenance program and will be a similar improvement in meeting and enhancing the goals of the Architectural Rehab Grant Program. Paragraph 1 (Second reference) The second amendment recommendation is to provide clarification of administrative process and to provide fairness to program applicants and participants. "upon the execution" of a grant agreement is the time at which the city is providing an offer of funding assistance and the time at which the property owner is accepting that offer. This proposed amendment is fair and responsible for all parties's interests. Alternatives: 1. Approve Attachment B and incorporate with Attachment A for ordinance amendment. 2. Modify Attachment B and incorporate with Attachment A for ordinance amendment. 3. Consider Attachment A for ordinance amendment. A spectfully .ub :tted, ibow- Ge•e Doscher, Chairman • for Elgin Heritage Commission . _ _ ■ r • February 6, 1998 MEMORANDUM TO: Clay J. Pearson, Director, Department of Code Administration FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: Proposed Amendments to Historic/Architectural Rehabilitation Grant Program Pursuant to your request attached find two versions of an ordinance providing for proposed amendments to the historic/architectural rehabilitation grant program. Version 1 is the earlier draft ordinance dated December 30, 1997 , which I understand will be the version recommended to the city council by the staff. Version 2 is the draft dated February 6, 1998, which I understand will be the version recommended by the Heritage Commission. The changes in version 2 from version 1 are noted by dashed line through language which has been deleted and by underlining to language which has been added. As I discussed with you, I cannot recommend to the city council version 2 which contains the several revisions insisted upon by the Heritage Commission. From a legal perspective the most troublesome revision proposed by the Heritage Commission relates to when inspections shall be conducted. Grant agreements require the property owners to correct all code violations on the property. The Heritage Commission' s insistence that inspections not be conducted until after entry into the grant agreement is therefore logically inconsistent as such code violations to be corrected will not be listed in the grant agreement. Please note the legal department' s objection in your presentation to the city council . WAC mg Attachment cc: William A. Cogley Richard G. Kozal • Approved: Erwin W. Jentsch RORD/HISTARCH.A5 VERSION #2 111 DRAFT 2/6/98 Ordinance No. G AN ORDINANCE AMENDING CHAPTER 20 . 15 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 20 . 15 . 030 of the Elgin Municipal Code, 1976 , as amended, entitled "Establishment" be and is hereby amended in its entirety to read as follows : "20 . 15 . 030 ESTABLISHMENT. There is hereby established a historical/archi- tectural rehabilitation grant program for the City of Elgin. Completed applications must be submitted by the deadline published by the Department of Code Administration and Neighborhood Affairs and shall be reviewed based on established criteria for selection. Grants for the program established may be made until 110 funds budgeted for such use are exhausted. " Section 2 . That Section 20 . 15 . 050 of the Elgin Municipal Code, 1976 , as amended, entitled "Historic/Architectural Rehabilitation Grant Program" be and is hereby amended by amending subparagraphs A, B, D and E2 thereof to read as follows : "A. Eligible Activities . Grants for the exterior historic/architectural rehabilitation of historically/architecturally significant residential structures shall be limited to actual out of pocket expenses incurred in meeting the requirements of the Elgin Design Guideline Manual . Program participation and historical/architectural rehabilitation activities must result in full compliance with such standards as they apply to the exterior of the structure . In addition, as a condition of any grant, eligible properties must be brought into full compliance with the current, adopted BOCA Property Maintenance Code as they apply to the exterior of the structure( s) by the end of the eighteen ( 18) month term of the grant agreement. Notwithstanding the foregoing requirement, a property shall be considered eligible for participation in the grant program if the owner of the property has either previously or • simultaneously with the execution of grant program agreement also entered into a long term rehabilitation agreement for the property pursuant to - • Elgin Municipal Code Section 2 . 65 . 030, as amended, providing for the correction of all code violations . The term of any such long term rehabilitation agreement shall not exceed fifty-four (54 ) months . As a condition of continued eligibility for the grant program and disbursement of any grant funds, the property owner must at all ' times be in compliance with the schedule for corrective work in the long term rehabilitation agreement. " "B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful conforming or lawful nonconforming residential structure which is more than 50 years old and contains no more than four (4 ) dwelling units; and 2 . Is at least 18 years- of age. " "D. Partial Payments . Partial payments of grant funds for completed historic/architectural rehabilitation activities may be allowed if the completed historic/architectural rehabilitation activities relate to discrete, separate improvements • to a property and if the applicant ' s financial ability to participate in the program is dependent upon partial payments throughout the program of the work. " "E. Conditions-Agreement Required. 2 . The applicant shall complete the historic/architectural rehabilitation of the residential structure which is the subject of the agreement in compliance with the Elgin Design Guideline Manual and in conformance with the Certificate of Appropriateness within an eighteen ( 18) month period from the date of the execution of the grant agreement. " Section 3 . That Section 20 . 15 . 050 of the Elgin Municipal Code, 1976 , as amended, entitled "Program-General" be and is hereby further amended by adding subparagraph F thereof to read as follows : "F. Change to Original Scope of Grant Project. In the event an applicant desires to modify the scope of a grant project the applicant must make a written request to the director of the department of • code administration and neighborhood affairs within 180 days of execution of the grant agreement . Such written request shall specifically identify the .„ , • proposed modifications to the original scope of the grant project and the reasons for same. Requests to modify the scope of a grant project shall not extend the eighteen ( 18) month term of a grant agreement. The modified project shall then be reevaluated based upon the established criteria for selection. If the modified project still qualifies for grant funds in the budget cycle for which the original grant was awarded then the grant allocation shall be adjusted to reflect the modifications to the scope of the grant project but in no event shall the grant allocation exceed the original allocated amount. If the modified grant project fails to qualify pursuant to the criteria for selection the grant monies will be deemed forfeited and the next qualified applicant will be invited to participate in the grant program. " Section 4 . That Section 20 . 15 . 060 of the Elgin Municipal Code, 1976, as amended, entitled "Program-General" be and is hereby further amended by amending subparagraph A thereof to read as follows : "A. Evaluations and Compliance with Codes . 1 . The Director of the Department of Code 111 Administration and Neighborhood Affairs shall evaluate, or cause to be evaluated, all premises for which grants agreements are entered into by the selected participants and the city are approved by the city council pursuant to the terms of this program for compliance with the current, adopted BOCA Property Maintenance Code, as it applies to the exterior of the structure(s) the Elgin Municipal Code (EMC) , Title 19-Zoning Ordinance, and any other applicable codes and ordinances . Such evaluation shall be made upon -prior -to the execution of any agreement for a grant in order to confirm the existence of any violations of codes or ordinances, and to determine the scope of the historic/architectural rehabilitation project. 2 . A second evaluation shall be made prior to the payment of a final grant to confirm compliance with the Elgin Design Guideline Manual, the Certificate of Appropriateness and other codes and ordinances . 3 . In the event the work under the grant • program is completed within the eighteen ( 18) month time period as provided by the grant program agreement, but other code violations exist on the property which were not identified r , • in the first evaluation, a compliance time frame shall be set by the Director of the Department of Code Administration and Neighborhood Affairs setting forth a schedule for the correction of such code violations . No grant funds shall be paid until any and all such code violations are corrected in conformance with the compliance time frame. In establishing a compliance time frame the Director of the Department of Code Administration and Neighborhood Affairs shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations . Such a compliance time frame shall not exceed ninety ( 90) days unless the Director of the Department of Code Administration and Neighborhood Affairs determines in writing that adverse weather conditions prevent the correction of violations within such ninety ( 90) day period. In such event the Director of Code Administration and Neighborhood Affairs shall determine the additional reasonable time necessary for the compliant time frame. A further reinspection shall be conducted at the end of the compliance time frame. Upon completion of such • reinspection grant funds shall be disbursed to the property owner if the property meets the requirements of applicable codes . If the Director of the Department of Code Administration and Neighborhood Affairs finds that the requirements of applicable city codes have not been met, any grant funds shall be deemed forfeited. 4 . In the event the work under the grant program has not been properly completed within the eighteen ( 18) month time period as provided by the grant program agreement or other code violations on the property remain which were identified in the first evaluation and which are not included within a previously executed long term rehabilitation agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, the grant funds shall be deemed forfeited. 5 . In the event the work under the grant program is completed within the eighteen ( 18) month time period as provided by the grant program agreement but other code violations on the property remain which are included within a previously executed long term rehabilitation S agreement pursuant to Elgin Municipal Code Section 2 . 65 . 030, as amended, the City shall retain twenty-five percent (25%) of the total of f ' 9. 410 the grant funds until such time as the property is brought into compliance with all applicable codes and ordinances . In the event the property owner at any time violates the schedule for corrective work of such a long term rehabilitation agreement, any grants funds not previously paid shall be deemed forfeited. " Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. • Kevin Kelly, Mayor Presented: Passed: Vote: Yeas Nays Recorded: • Published: Attest: Dolonna Mecum, City Clerk •