G12-98 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.
•
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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
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