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HomeMy WebLinkAboutG24-98 Ordinance No. G24-98 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 20 . 16 ENTITLED "75/25 ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 20 entitled "Designation and Preservation of Historically and Architecturally Significant Property" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Chapter 20 . 16 entitled "75/25 Architectural Rehabilitation Grant Program" to read as follows : Chapter 20 . 16 75/25 ARCHITECTURAL REHABILITATION GRANT PROGRAM 20 . 16 . 010 TITLE . This program shall be entitled the "75/25 Architectural Rehabilitation Grant Program" of the City of Elgin. 20 . 16 . 020 PURPOSE. The purpose of this ordinance is to provide a financial incentive to encourage private investment in the exterior rehabilitation and restoration of historically/architecturally significant residential structures, particularly those located in designated historic districts . 20 . 16 . 030 ESTABLISHMENT. There is hereby established a 75/25 Architectural 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. 20 . 16 . 040 ADMINISTRATION. The administration of the provisions of this chapter is hereby assigned to the Director of the Department of Code Administration and Neighborhood Affairs (Director) , or the Director' s designee. Applications hereunder shall be made to the Department of Code Administration and Neighborhood Affairs which shall have the authority and responsibility for carrying out the provisions of this chapter. The Director shall establish any reasonable rules and procedures not otherwise established by this chapter that are deemed necessary for administration of the 75/25 Architectural Rehabilitation Grant Program. Such rules and procedures shall be written and published in pamphlet form. 20 . 16 . 050 75/25 ARCHITECTURAL REHABILITATION GRANT PROGRAM. 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 2 . Is at least 18 years of age. e.. C . Grants . The amount of any grant shall be determined by the Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee, in accordance with an approved estimate of cost for eligible exterior historic/architectural rehabilitation work. Grants shall be limited to seventy-five percent ( 75%) of eligible, approved project construction costs and applicable to a minimum of $2 ,500 and a maximum of $12,500, with no grant to exceed $7, 500 . 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. Program participation shall require the execution of an agreement between the applicant and the City of Elgin. The Director of the Department of Code Administration and Neighborhood Affairs, or the e" 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 obtain a Certificate of Appropriateness for any construction work to be performed on the residential structure which is the subject of the agreement . 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. 3 . The applicant shall retain ownership of such rehabilitated structure for a period not less than twelve ( 12 ) months following the historic/architectural rehabilitation completion date as approved by the Director of the Department of Code Administration and Neighborhood Affairs, and may not convey such real property, in whole or in part, during said period. 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 em'' 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. 20 . 16 . 060 PROGRAM - GENERAL. 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 e.•• 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 el' 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 #14" 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. B. Applications and Guidelines . The Director of the Department of Code Administration and Neighborhood Affairs, or the Director' s designee, is hereby authorized and directed to prepare and distribute the appropriate application forms and operational guidelines for the implementation of this ordinance. C. Limitations . Grants authorized under this chapter shall be limited to the reimbursement of actual expenses incurred for eligible historic/architectural rehabilitation work, shall be payable only upon satisfactory proof of payment for historic/architectural rehabilitation work, and shall be limited to the amount approved at the time of execution of the historic/architectural rehabilitation grant agreement. No grants shall be approved for any historic/architectural rehabilitation, repair, reconstruction, or accessibility improvement activities initiated or completed prior to the execution of the historic/architectural rehabilitation grant agreement. D. Failure to Perform. Failure to perform the obligations of the historic/architectural rehabilitation grant agreement shall require the applicant to make repayment of any grant monies received. E. Penalty for Misrepresentation. Any person who willfully makes any false statement or misrepresentation in obtaining a grant under the provisions of this chapter shall be subject to a fine elb, of not less than one hundred ( 100) nor more than five hundred ( 500) dollars and shall forfeit the right to future participation in any property improvement program authorized under the Elgin Municipal Code. Such person shall also repay any monies received pursuant to this ordinance. F. Grants authorized pursuant to this chapter shall be limited to single-family, owner-occupied premises in which the occupant household conforms to the guidelines and definitions of low or moderate income as defined by the U.S . Department of Housing and Urban Development Community Development Block Grant Regulations at 24 C.F.R. 570 . 3, as amended. G. Grants authorized pursuant to this chapter may be combined with other city-administered or city-sponsored grants . In no event, however, shall such combined grant payments exceed 100% of any project costs; however, any previous city grant-funded projects must be completed prior to execution of a new grant agreement. 20 . 16 . 070 PROGRAM TARGET AREA DESCRIPTION. Grants made pursuant to this chapter shall be limited to properties located within a historic district designated by ordinance of the City Council or properties designated as a landmark by ordinance fook of the City Council . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. Kevin Kelly, Mayo Presented: March 25, 1998 Passed: March 25, 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: March 26 , 1998 Published: Attest:SLC (-0-14-A-4- eh" Dolonna Mecum, City Clerk