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G42-77 Ordinance No. G42-77 AN ORDINANCE ESTABLISHING A 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 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 Department of Housing and Urban Development to provide funds for a program of grants designed to encourage and assist property owners in such areas in rehabilitating residential structures; and WHEREAS, the geographical area described herein has been determined to be in need of significant residential rehabilitation and 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 rehabi- (' litation of the deteriorated residential buildings in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Title. This ordinance shall be entitled the "Residential Rehabilitation Grant Ordinance of the City of Elgin." Any reference to the residential rehabilitation grant ordinance of the city shall be construed to refer to this ordinance and any amendments thereto. Section 2. Administration. The administration of the provisions of this ordinance are hereby assigned to the Department of Community Development. Applications hereunder shall be made to the Department of Community Development which shall have the responsibility of carrying out the provisions of this ordinance. Section 3. Establishment. There is hereby established a Residential Rehabilitation Grant Program for the City of Elgin. Owners of residential structures with no more than four (4) dwelling units and who are residents of such buildings are eligible for grants for the renovation and rehabilitation of such buildings in accordance with the terms of this ordinance. Section 4. Applicants. Any person who is at least 18 years of age and who has resided in a structure eligible for the Residential Rehabilitation Grant Program defined herein for at least 180 days prior to making application r shall be eligible to apply for a grant to assist in the cost of rehabilitating or renovating qualifying residential structures so as to meet minimum housing code requirements. IIL Section 5. Grants. The amount of any grant shall be determined by the Department of Community Development in accordance with the attached grant reimbursement chart. Grants shall be made until funds allocated for such use are exhausted. For purposes of determining eligibility, income shall mean the total of the adjusted gross income as defined by the Internal Revenue Code of the United States and, in addition thereto, state, municipal and other interest not included in adjusted gross income, any capital gain deduction and any dividend exclusion, if not included in adjusted gross income, of all members of the household of the applicant. Section 6. Requirements. Any applicant under this ordinance by making application shall agree to bring the residential structure which is the subject of the application up to the standards of the BOCA Code Enforcement Guidelines for Residential Rehabilitation, 1975 Edition, within the period of time approved by the Department of Community Development. Each applicant shall further agree to occupy such rehabilitated and renovated structure for a period not less than twelve (12) months following receipt of the proceeds of any grant. Applicants shall execute a written agreement with the City of Elgin in accordance with the terms of this agreement which shall provide that failure by the applicant to perform the obligations of the agreement shall subject the applicant to the repayment of any grant received plus interest at the rate of seven percent per annum, in addition to any other penalty which may be provided by law. Section 7. Eligible Repairs. Grants for rehabilitation and renovation of residential structures shall be limited to actual costs incurred in meeting the requirements of the BOCA Code Enforcement Guidelines for Residential Rehabilita- tion, 1975 Edition. A list of eligible activities is attached hereto and made a part hereof by reference. In addition to grants for residential rehabilitation to meet the minimum requirements described herein, eligible applicants shall be entitled to an additional grant amount of five percent for complete insulation of the subject structure. An additional five percent bonus shall be awarded to any eligible applicant for exterior painting of residential structures eligible for participation in the Residential Rehabilitation Grant Program. Section 8. Inspections. The Director of Community Development shall inspect or cause to be inspected all premises for which grants are sought pursuant to the terms of this ordinance. Such inspection shall be made prior to the approval of any application for a grant and following completion of work and prior to the payment of any grant. Section 9. Applications and Guidelines. The Director of the Department of Community Development is hereby authorized and directed to prepare and dis- tribute application forms and guidelines for the implementation of this ordinance. Section 10. Nature of Grants. Grants authorized under the City of Elgin Residential Rehabilitation Grant Program shall be limited to reimbursement of actual expenses incurred for eligible activities and shall be payable only upon satisfactory proof of payment for rehabilitation and renovation activities and shall be limited to the amount approved at the time of the grant application. Section 11. Eligible Area. Grants under the Residential Rehabilitation Grant Program of the City of Elgin shall be limited to eligible residential structures located in the following area within the City of Elgin. The area bounded by the following streets: Jefferson Avenue, North Liberty Street, Porter Street, Watch Street, Wellington Avenue, Geneva Street, Kimball Street and Grove Avenue, otherwise known as Census Tract 8513, excluding any structure or properties designated for public acquisition. Section 12. Penalty. Any person who wilfully makes any false statement or misrepresentation in obtaining a grant under the provisions of this ordinance shall be subjected to a fine of not less than $100 nor more than $500. s/ Richard L . Verbic Richard er ic, yor Presented: August 10, 1977 Passed: August 10 , 1977 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r Ordinance No. G43-77 AN ORDINANCE INCREASING THE PENALTY FOR PARKING VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.72, Section 11.72.040, entitled "Penalty for Parking Violation" of the Elgin Municipal Code, 1976, be and is hereby amended by amending Section 11.72.040A to read as follows: "A. Any person accused of a violation of Chapters 11.32, 11.36 or 11.44, with the exception of Sections 11.36.030 through 11.36.050 and 11.36.090, pertaining to parking a motor vehicle (other than restricting the length of time a motor vehicle may be parked at a particular location) , may settle and compromise the claim against him or her for such illegal parking by paying to the municipality the sum of one dollar within forty-eight hours of the time such alleged offense was committed, or by paying to the municipality the sum of two dollars subsequent to said forty-eight-hour period, and prior to such person being brought before the judge or magistrate on written complaint or notice to appear for such violation. Any person accused of a violation of Chapters 11.32, 11.36 or 11.44, with the exception of Sections 11.36.030 through 11.36.050 and 11.36.090, restricting the length of time that a vehicle may be parked in a particular location, may settle and compromise the claim against him or her for such illegal parking by paying to the municipality the sum of two dollars within forty-eight hours of the time such alleged offense is committed, or by paying to the municipality the sum of five dollars subsequent to said forty-eight-hour period and prior to such person's being brought before the judge or magistrate on written complaint or notice to appear for such violation. Pay- ment of said penalties may be made either by deposit of said sum in cash receptacles, furnished by the city at various locations within the city for such purpose, or by direct payment at the office of the director of finance. All such money collected shall be promptly turned over to the city treasurer to be used in the manner provided for the disposition of fines for traffic viola- tions." 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 from and after January 1, 1978. s/ Richard L . Verbic Richard L. Verbic, Mayor Presented: August 24, 1977 Passed: August 24 , 1977 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk