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HomeMy WebLinkAboutG18-93 CITY OF ELGIN ORDINANCE NO. G18-93 AN ORDINANCE AMENDING CHAPTER 2 . 30 OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED, ENTITLED RESIDENTIAL REHABILITATION GRANT PROGRAM ADOPTED BY THE ePk CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF MAY, 1993 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 13th day of May, 1993 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on May 12, 1993, the Corporate Authorities of such municipality passed and approved Ordinance No. G18-93, entitled An Ordinance Amending Chapter 2 . 30 of the Elgin Municipal Code 1976, as Amended, Entitled Residential Rehabilitation Grant Program which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G18-93, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on May 13, 1993, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on May 13, 1993 . Municipal Clerk (SEAL) es- Ordinance No. G18-93 [ AN ORDINANCE AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED, ENTITLED RESIDENTIAL REHABILITATION GRANT PROGRAM WHEREAS, certain areas of the city are characterized by older housing which is or tends to be in a state of disrepair or deterioration and often may be inhabited by persons of limited incomes who are unable to bear the cost of repair or rehabilitation of such residential structures so as to meet minimum housing code requirements; and WHEREAS, the City of Elgin has received a grant from the United State Department of Housing and Urban Development to provide funds for grant programs designed to encourage and assist property owners in such areas in rehabilitating residential structures which are in a state of disrepair or deterioration; and WHEREAS, the geographical areas described herein for the target area rehabilitation program and the exterior rehabilitation program have been determined to contain residential structures in need of significant repairs or el"' rehabilitation and are inhabited by a significant number of persons with relatively low incomes; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the repair or rehabilitation of the deteriorated residential structures and the stabilitation of older neighborhoods in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 2 . 30 of the Elgin Municipal Code 1976, as amended, is hereby amended to read as follows: Chapter 2 . 30 RESIDENTIAL REHABILITATION GRANT ORDINANCE 2.30.010. Title. This ordinance shall be entitled the "Residential Rehabilitation Grant Ordinance" of the City of Elgin. 2.30.020. Definitions. A. DHUD - The United States Department of Housing and Urban .. Development. B. Enterprise Zone - An area of the city designated by the City Council and certified by the Department of Commerce and Community Affairs of the State of Illinois as an enterprise zone. C. Lawful Residential Structure - A residential structure lawful under the Elgin Municipal Code (EMC) Title 19 - Zoning Ordinance. D. Mobility Limited Disabled Individual - Any person who is challenged by a physical handicap that requires special fixtures or structural modifications, or some combination thereof, in order to move independently in or about a residential structure. E. Rehabilitation Grant Reimbursement Chart - The chart, based on Section 8 income guidelines and revised from time to time, used to determine grant amounts for eligible participants in programs established by the Residential Rehabilitation Grant Ordinance. F. Property Maintenance Code - The Building Officials and Code Administrators Property Maintenance Code as amended and adopted by the City Council of the City of Elgin. G. Section 8 - Section 8 of the United States Housing Act of 1937 , as amended. H. Section 8 Income Guidelines - The household income limits for participation in housing assistance programs authorized by or consistent with the United States Housing Act of 1937, as amended. 2.30.030. Administration. The administration of the provisions of this ordinance is hereby assigned to the Director of the Planning Department, or the Planning Director' s designee. Applications hereunder shall be made to the Planning Department which shall have the authority and responsibility for carrying out the provisions of this ordinance including preparation and periodic revision of the Rehabilitation Grant Reimbursement Chart. 2.30.040. Establishment. There are hereby established residential rehabilitation grant programs for the City of Elgin as follows : A. A City-wide Rehabilitation Program f B. A Target Area Rehabilitation Program C. An Exterior Rehabilitation Program r•• D. A Home Handicap Accessibility Program Grants for the programs established may be made until funds budgeted for such use are exhausted. 2.30.050. City-wide Rehabilitation Program. A. Except as otherwise provided for herein, grants for the repair or rehabilitation of residential structures shall be limited to actual costs incurred in meeting the requirements of the current adopted BOCA Property Maintenance Code. Program participation and rehabilitation activities must result in full compliance with the current adopted BOCA Property Maintenance Code. In addition to grants for residential rehabilitation to meet the minimum property maintenance requirements described herein, eligible property owners may apply for an additional grant incentive of up to five (5) percent for energy conservation work and an additional grant incentive of up to five (5) percent for exterior painting, not otherwise required. B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns and occupies a lawful residential structure containing no more than four (4) dwelling units located within the corporate limits of the City of Elgin; and 2 . Is at least eighteen ( 18) years of age; and 3 . Is a member of a household meeting the current Section 8 low/moderate income guidelines as established by the DHUD. C. Grants . The amount of any grant shall be determined by the Director of the Planning Department, or the Planning Director' s designee, in accordance with the current residential rehabilitation grant reimbursement chart as applied to a maximum of $15,000 . 00 in repair or rehabilitation construction costs . The residential rehabilitation grant reimbursement chart shall be based on the current Section 8 income guidelines as established by the DHUD. Applicants with household incomes at or below the Section 8 very low income guidelines may qualify for a one hundred ( 100) percent grant not to exceed $5,000 . 00 . For eligible repairs in excess of a maximum one hundred ( 100) percent grant, an eligible applicant may apply for a fifty (50) percent grant not to exceed $5,000 . 00 in accordance with the grant reimbursement chart. ,,. D. Partial Grants . Partial grants for completed repairs may be allowed if the applicant's financial ability to participate in the rehabilitation program is dependent upon the phasing of repairs . E. Conditions - Agreement Required. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Planning Department, or the Planning Director' s designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the property owner as follows : 1 . The applicant shall complete the rehabilitation of the residential structure which is the subject of the agreement in compliance with the current adopted BOCA Property Maintenance Code within a twelve ( 12) month period from the date of the execution of the agreement. 2 . The applicant shall retain ownership of such rehabilitated structure for a period not less than twelve ( 12) months following the rehabilitation completion date as determined by the Director of the Planning Department. 3 . The owner-occupant of a two (2) , three (3) , or four (4) unit residential structure shall provide tenant names, addresses, and household incomes; and shall agree to maintain current rent levels for a period not less than twelve ( 12) months following the rehabilitation completion date as determined by the Director of the Planning Department. 2.30.060. Target Area Rehabilitation Program. A. Eligible Rehabilitation. Except as otherwise provided herein, grants for the repair or rehabilitation of residential structures shall be limited to actual costs incurred in meeting the requirements of the current adopted BOCA Property Maintenance Code. Program participation and rehabilitation activities must result in full compliance with the current adopted BOCA Property Maintenance Code. In addition to grants for residential repair or rehabilitation to meet the minimum property maintenance requirements described herein, eligible property owners may apply for an additional grant incentive of up to five (5) percent for energy conservation work and an additional grant incentive of up to five (5) percent for exterior painting, not otherwise required. B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful residential structure containing no more than four (4) dwelling units located within the target area rehabilitation area; and 2 . Is at least eighteen ( 18) years of age. C. Grants - Owner-occupied Structures . The amount of any grant shall be determined by the Director of the Planning Department, or the Planning Director' s designee, in accordance with the current residential rehabilitation grant reimbursement chart as applied to a maximum of $15,000. 00 in repair or rehabilitation construction costs . The residential rehabilitation grant reimbursement chart shall be based on the current Section 8 income guidelines as established by the DHUD. Owner-occupants with household incomes at or below the Section 8 very low income guidelines may qualify for a one hundred ( 100) percent grant not to exceed $5,000. 00. For eligible repairs in excess of a maximum one hundred ( 100) percent grant, an eligible applicant may apply for a fifty (50) percent grant not to exceed $5,000. 00 in accordance with the grant reimbursement chart. D. Grants - Non-owner-occupied Structures . Non-occupant owners shall be limited to no more than two (2) structures actively participating in the rehabilitation grant program at any one time. Grant amounts shall be determined as follows : 1 . Fifteen ( 15) percent to a maximum of $2,250 . 00 per structure based upon a maximum of $15,000 . 00 in repair or rehabilitation construction costs, or 2 . Twenty-five (25) percent to a maximum of $3,750 . 00 per structure based upon a maximum of $15,000 . 00 in repair or rehabilitation construction costs . This program element shall be restricted to rental property for which the applicant can demonstrate that at least fifty one (51) percent of the occupant households meet the current Section 8 low and moderate income guidelines . E. Partial Grants . Partial grants for completed repairs may be allowed if the applicant' s financial ability to participate in the rehabilitation program is dependent upon the phasing of repairs . F. Conditions - Agreement Required. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Planning Department, or the Planning Director' s designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows : 1 . The applicant shall complete the repair or rehabilitation of the residential structure which is the subject of the agreement in compliance with the current adopted BOCA Property Maintenance Code within a twelve ( 12) month period from the date of the execution of the agreement. 2 . The applicant shall retain ownership of such rehabilitated structure for a period not less than twelve ( 12) months following the rehabilitation completion date as determined by the Director of the Planning Department. 3 . The owner-occupant of a two (2) , three (3) , or four (4) unit residential structure shall provide tenant names, addresses, and household incomes; and shall agree to maintain current rent levels for for a period not less than twelve ( 12) months following the rehabilitation completion date as determined by the Director of the Planning Department. 4 . The non-occupant owner of rental property must provide tenant names, addresses, and household incomes; and shall agree to maintain current rent levels for a period not less than twelve ( 12) months following the rehabilitation completion date as pow determined by the Director of the Planning Department. 2.30.070. Exterior Rehabilitation Program. A. Eligible Rehabilitation. Grants for the exterior repair or rehabilitation of residential structures shall be limited to actual costs incurred in meeting the requirements of the current adopted BOCA Property Maintenance Code. Program participation and rehabilitation activities must result in full compliance with the current adopted BOCA Property Maintenance Code as it applies to the exterior of the structure. B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful residential structure containing no more than four (4) dwelling units located within the exterior rehabilitation program area; and 2 . Is at least eighteen ( 18) years of age. C. Grants . Eligible applicants may apply for a one-time one hundred ( 100) percent grant, not to exceed $3,000 . 00, to undertake eligible repair or rehabilitation of the exterior of qualifying residential structures . For eligible repair or rehabilitation in excess of a maximum one hundred ( 100) percent ($3, 000 . 00) grant, an eligible applicant may apply for a percentage grant not to exceed $6,000 . 00 in accordance with the residential rehabilitation grant reimbursement chart. D. Conditions - Agreement Required. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Planning Department, or the Planning Director' s designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not be limited to, requirements for the applicant as follows : 1 . The applicant shall complete the exterior rehabilitation of the residential structure which is the subject of the agreement in compliance with the current adopted BOCA Property Maintenance Code within a six (6) month period from the date of the execution of the agreement. 2 . The applicant shall retain ownership of such rehabilitated structure for a period not less than six (6) months following the rehabilitation completion date as determined by the Director of the Planning Department. elk 3 . The owner of rental property shall provide tenant names, addresses, and household incomes; and shall agree to maintain current rent levels for a period not less than six (6) months following the rehabilitation completion date as determined by the Director of the Planning Department. 2.30.080. Home Handicap Accessibility Program. A. Eligible Accessibility Work. Grants for structural modifications to and purchase and installation of handicap accessibility fixtures for residential dwelling units occupied by households including one or more mobility limited disabled individuals . B. Applicant Qualifications . Eligible applicants shall include any person who: 1 . Owns a lawful residential structure located within the corporate limits of the City of Elgin meeting the following criteria: a. Contains a household which includes a member that is a mobility limited disabled individual rft and which meets the current Section 8 low/moderate income guidelines as established by the DHUD; and .,. b. Requires structural modification or installation of handicap accessibility fixtures to serve the accessibility needs of an occupant household. 2 . Is at least eighteen ( 18) years of age. C. Grants . Eligible applicants may apply for a one-time one hundred ( 100) percent grant, not to exceed $2,500.00, to complete eligible handicap accessibility improvements. D. Conditions - Agreement Required. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Planning Department, or the Director' s designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, requirements for the applicant as follows : 1 . The applicant shall demonstrate the mobility limiting disability of one or more occupant households which require the accessibility improvements . 2 . The applicant shall complete the accessibility improvements to the residential structure which is e"" the subject of the agreement within a six (6) month period following the date of the execution of the agreement. 3 . The applicant of a rental unit which is the subject of the agreement shall agree to maintain current rent levels for a period not less than twelve ( 12) months following the accessibility improvement completion date as determined by the Director of the Planning Department. 2.30.090. Grants - General. A. Enterprise Zone. Eligible owners of residential structures located within the Enterprise Zone may apply for an additional five (5) percent grant for eligible rehabilitation work. B. Evaluations Required. The Director of the Planning Department shall evaluate, or cause to be evaluated, all premises for which grants are sought pursuant to the terms of this ordinance for compliance with the current adopted BOCA Property Maintenance Code. Such evaluation shall be made prior to the execution of any agreement for a grant. A second evaluation shall be made following pcompletion of work and prior to the payment of any grant. C. Applications and Guidelines . The Director of the Planning Department, or the Planning Director' s designee, is hereby authorized and directed to prepare and distribute the appropriate forms and guidelines for the implementation of this ordinance. D. Limitations . Grants authorized under this ordinance shall be limited to the reimbursement of actual expenses incurred for eligible repairs, shall be payable only upon satisfactory proof of payment for rehabilitation work, and generally, shall be limited to the amount approved at the time of execution of the rehabilitation grant agreement. No grants shall be approved for any rehabilitation, repair, reconstruction, or accessibility improvement activities initiated or completed prior to the execution of the rehabilitation grant agreement. E. Failure to Perform. Failure to perform the obligations of the rehabilitation grant agreement may subject the applicant to repayment of any grant monies received. F. Penalty for Misrepresentation. Any person who willfully makes any false statement or misrepresentation in obtaining a grant under the provisions of this ordinance shall be subject to a fine of not less than one hundred ( 100) nor more than five hundred (500) dollars and shall forfeit the right to any future participation in any program authorized under the Residential Rehabilitation Grant Ordinance. 2.30. 100. Program Area Description. A. Rehabilitation Target Area - Description. Commencing at Jefferson Avenue and North Grove Avenue, east on Jefferson Avenue to Liberty Street, thence south to Franklin Street, thence east to Grand Boulevard, thence northeast to the Kane-Cook county line, thence south to Hammond Avenue, thence west to Grace Street, thence north to Bluff City Boulevard, thence west to Raymond Street, thence north to by-pass U. S. Route 20, thence west to the Fox River, thence northerly to Lake Street, thence east to Wellington Avenue, thence northerly to Prairie Street, thence east to Villa Street, thence northerly to Geneva Street, thence north to North Street, thence west to Spring Street, thence north to Kimball Street, thence west to Brook Street, thence north to Seneca Street, thence west to North Grove Avenue, thence north to Jefferson Avenue to that point of beginning, otherwise known as U. S. Census tracts 8513, 8514 and that portion of 8515 east of the Fox River. B. Enterprise Zone - Description. That area in with central portion of the City of Elgin, East of the Fox River; contained within the Southeast quarter of Section 11, the South half of Section 12, all of Section 13, .► and the East half of Section 14, all in Township 41 North, Range 8 East, all in Kane County, Illinois . This area is described as follows : Commencing at at the intersection of the right-of-way centerlines of Grove Avenue and Summit Street; thence Easterly along said Summit Street centerline to the intersection with the right-of-way centerline of North Liberty Street; thence Southerly along said North Liberty Street centerline to the intersection with the right-of-way centerline of Franklin Street; thence Westerly along said Franklin Street centerline to the intersection of the right-of-way centerline of North Porter Street; thence Southerly along said North Porter Street centerline to the intersection with the right-of-way centerline of Park Street; thence Westerly along said Park Street centerline to the intersection of the right-of-way centerline of North Gifford Street; thence Southerly along said North Gifford Street centerline to the intersection with the right-of-way centerline of Division Street; thence Westerly along said Division Street centerline to the intersection with the right-of-way centerline of North Geneva Street; thence Southerly along said Geneva Street centerline to the intersection with the right-of-way centerline of Fulton Street; thence Westerly along said Fulton Street centerline to the intersection with the right-of-way centerline of Villa Street; thence Southeasterly along said Villa Street centerline to intersection with the right-of-way centerline of Prairie Street; thence Westerly along said Prairie Street centerline to the intersection with the right-of-way centerline of Wellington Avenue; thence southeasterly along said Wellington Avenue centerline to the intersection with the right-of-way centerline of Bent Street; thence Westerly along said Bent Street centerline extended West to the intersection with the Easterly bank of the Fox River; thence Northerly along said Fox River Bank to the intersection with the right-of-way centerline of east Chicago Street; thence Westerly along said East Chicago Street centerline to the intersection with the right-of-way centerline of South State Street; thence Southerly along said South State Street centerline extended to the intersection with the right-of-way centerline of South Street extended Easterly; thence Westerly along said South Street centerline to the intersection with the right-of-way centerline of South Crystal Avenue; thence Northerly along said South Crystal Avenue centerline to the intersection with the right-of-way centerline of West Highland Avenue; thence Easterly �.. along said West Highland Avenue centerline to the intersection with the Easterly bank of the Fox River; thence Northerly along said Easterly bank of the Fox River to the intersection with the right-of-way r said Kimball Street centerline to the intersection with the right-of-way centerline of North Grove Avenue; thence Northerly along said Grove Avenue centerline to the point of beginning. C. Exterior Rehabilitation Program Area - Description. Commencing at the intersection of the right-of-way centerlines of Kimball Street and Brook Street, thence easterly along Kimball Street centerline to Dundee Avenue thence Southerly along Dundee Avenue centerline to Park Street, thence easterly along Park Street centerline to Grand Boulevard, thence Northerly along Grand Boulevard centerline to Franklin Boulevard, thence Westerly along Franklin Boulevard centerline to North Liberty Street, thence Northerly along North Liberty Street centerline to Jefferson Street, thence Westerly along Jefferson Street centerline to North Grove Avenue, thence Southerly along North Grove Avenue centerline to Seneca Street, thence Easterly along Seneca Street centerline to Brook Street, thence Southerly along Brook Street centerline to that point of beginning at Kimball Street. Section 2 . That this ordinance shall be in full force and effect ten days after publication in pamphlet form._4,.) .444g. Geo` VanDeVoorde, Mayor Presented: May 12, 1993 Passed: May 12 , 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: May 13, 1993 Published: May 13, 1993 Attest: Cj . ' Dolonna Mecum, City Clerk rft