G24-98 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