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HomeMy WebLinkAboutG12-98 CITY OF ELGIN ORDINANCE NO. G12-98 AMENDING CHAPTER 20.15 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 25TH DAY OF FEBRUARY 1998 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 27th day of February 1998. • `r► 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 February 25, 1998, the Corporate Authorities of such municipality passed and approved Ordinance No. G12-98, entitled An Ordinance Amending Chapter 20.15 of the Elgin Municipal Code, 1976, as Amended, Entitled "Historic/Architectural Rehabilitation Grant Program" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G12-98, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on February 27, 1998, and continuing for at fir.• 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 February 27, 1998. Municipal Clerk t 1 sL) L0f1211. SitiL (SEAL) Ty ' 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 ift - 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 Nor modify the scope of a grant project shall not extend the eighteen ( 18) month term of a grant agreement. NOW 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 thr. 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 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. 4401kr► 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 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 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 . rim--- Kevin Kelly, Z(91C-2.---- Presented: February 25 , 1998 Passed: February 25 , 1998 Omnibus Vote: Yeas 7 Nays 0 Recorded: February 26, 1998 Published: February 27 , 1998 Attest: AL "."2( /2/ 1"'C,,t --n------ Dolonna Mecum, City Clerk fir