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G55-99 CITY OF ELGIN ORDINANCE NO. G55-99 AN ORDINANCE AMENDING CHAPTERS 20 . 15 AND 20 . 16 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" AND "75/25 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" eft ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 22ND DAY OF SEPTEMBER, 1999 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 24th day of September, 1999 . • 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 September 22 , 1999, the Corporate Authorities of such municipality passed and approved Ordinance No. G55-99, entitled An Ordinance Amending Chapters 20 . 15 and 20 . 16 of the Elgin Municipal Code, 1976 , as Amended, Entitled "Historic/Architectural Rehabilitation Grant Program" and "75/25 Historic/Architectural Rehabilitation Grant Program" which provided by its terms that it should be published in eft pamphlet form. The pamphlet form of Ordinance No. G55-99, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 24 , 1999, and continuing for at 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 September 24 , 1999 . Municipal Clerk (SEAL) Ordinance No. G55-99 AN ORDINANCE AMENDING CHAPTERS 20 . 15 AND 20 . 16 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" AND "75/25 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 20 . 15 of the Elgin Municipal Code, 1976, as amended, is hereby further amended to read as follows : "Chapter 20 . 15 50/50 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM 20 . 15 . 010 TITLE. This program shall be entitled the "50/50 Historic/Architectural Rehabilitation Grant Program" of the City of Elgin. emk 20 . 15 . 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 . 15 . 030 ESTABLISHMENT. There is hereby established a historical/ architectural rehabilitation grant program for the City of Elgin. Completed applications must be submitted by the deadline published by the Department of Planning and Neighborhood Services 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 . 15 . 040 ADMINISTRATION. The administration of the provisions of this chapter is hereby assigned to the Director of the Department of Planning and Neighborhood Services (Director) , or the Director' s designee . Applications hereunder shall be made to the Department of Planning and Neighborhood Services which shall have the authority and responsibility for carrying out the provisions of this chapter. The Director may consult with the Elgin Heritage Commission in so 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 Historic/Architectural Rehabilitation Grant Program. Such rules and procedures shall include scoring criteria and a minimum point threshold necessary to qualify for grants for the program. Such rules and procedures shall be written and published in pamphlet form. 20 . 15 . 050 HISTORIC/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, the exterior of 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 exterior 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 elk 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 . C. Grants . The amount of any grant shall be determined by the Director of the Department of Planning and Neighborhood Services, 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 fifty percent (50%) of eligible, approved project construction costs and applicable to a minimum project of $5, 000 with no grant to exceed $10, 000 . 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 or the 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 /r. 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 elk historic/architectural rehabilitation completion date as approved by the Director, 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 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 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 . 15 . 060 PROGRAM - GENERAL. A. Evaluations and Compliance with Codes . 1 . The Director shall evaluate, or cause to be evaluated, the exterior of 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 Manual , the Certificate of Appropriateness and other codes and ordinances . w 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 exterior of the property which were not identified in the first evaluation, a compliance time frame shall be set by the Director 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 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 determines in writing that adverse weather conditions prevent the correction of violations within such ninety (90) day period. In such event the Director shall determine the additional reasonable time necessary for the compliant time frame. A further reinspection of the exterior of the property 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 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 exterior of the property remain which were identified in the first evaluation and which were 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. Notwithstanding the foregoing, 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 the Director, upon written application by the owner, may grant an extension of time not to exceed an additional ninety (90) days when the "Pk owner can establish that the completion of the work under the grant program has been delayed or stopped due to accident, strikes, shortages r of materials, extreme weather, acts of God or other causes not within the owner' s reasonable control . A further reinspection shall be conducted at the end of any such extension time frame and if the work under the grant program has not been properly completed at the time of such further reinspection the grant funds shall be deemed forfeited. B. Applications and Guidelines . The Director, 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 program. 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 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. 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 . 20 . 15 . 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 of the City Council . " Section 2 . That Chapter 20 . 16 of the Elgin Municipal Code, 1976, as amended, entitled "75/25 Historic/Architectural Rehabilitation Grant Program" be and is hereby further amended to read as follows : "Chapter 20 . 16 75/25 HISTORIC/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 to the Department of Planning and Neighborhood Services and shall be reviewed based upon 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 Planning and Neighborhood Services (Director) , or the Director ' s designee . Applications hereunder shall be made to the Department of Planning and Neighborhood Services which shall have the authority and responsibility for carrying out the provisions of this chapter. The Director may consult with the Elgin Heritage Commission in so 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 include scoring criteria and a minimum point threshold necessary to qualify for grants for the 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 eft rehabilitation activities must result in full compliance on the exterior of the property with such standards as they apply to the exterior of the structure . In addition, as a condition of any grant, the exterior of 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 exterior 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 . em. B. Painting Program. Grants shall also be available for eligible applicants for the painting �r. of the exterior qualifying properties . The Director of the Department of Planning and Neighborhood Services may deny an application for a paint project grant upon the Director ' s determination that an inappropriate color is proposed to be used on the exterior of a property. Grants for the painting project program may be made until funds budgeted for such use are exhausted. C. 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. Grant Amounts . The amount of any grant shall be determined by the Director of the Department of Planning and Neighborhood Services, 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 rft. eligible, approved project construction costs and applicable to a minimum project of $2 , 500 with no grant to exceed $10, 000 . Grants for the painting project program shall be 100% of the cost for the painting of the exterior of a property with no painting project grant to exceed $2 , 500 . E. 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. F. 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 Planning and Neighborhood Services, or the 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 : eisk 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 Planning and Neighborhood Services, and may not convey such real property, in whole or in part, during said period. G. 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 Planning and Neighborhood Services 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 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. r 20 . 16 . 060 PROGRAM - GENERAL. A. Evaluations and Compliance with Codes . 1 . The Director of the Department of Planning and Neighborhood Services shall evaluate, or cause to be evaluated, the exterior of all premises for which grants are approved 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 Manual , the Certificate of Appropriateness and other codes and ordinances . e'' 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 exterior of the property which were not identified in the first evaluation, a compliance time frame shall be set by the Director of the Department of Planning and Neighborhood Services 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 Planning and Neighborhood Services 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 Planning and Neighborhood Services determines in writing that adverse weather conditions prevent the correction of violations within such ninety (90) day period. In such event the Director of Planning and Neighborhood Services shall determine the additional reasonable time necessary for the compliant time frame . A further reinspection of the exterior of the property 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 Planning and Neighborhood Services 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 exterior 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) elak 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 exterior 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 Planning and Neighborhood Services, 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 eft. actual expenses incurred for eligible historic/architectural rehabilitation work, shall be payable only upon satisfactory proof of payment for • e 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 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 owner-occupied premises of not more than four (4) dwelling units in which the owner-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 tom of the City Council . eft 20 . 16 . 080 USE OF ANY EXCESS FUNDS FOR THE 50/50 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM. During the first nine months of each calendar year any funds budgeted for the 75/25 Historic/Architectural Rehabilitation Grant Program shall be utilized for such purpose . After such initial nine months in any calendar year any remaining unallocated or unused funds for the 75/25 Historic/Architectural Rehabilitation Grant Program may be reallocated for qualifying properties under the 50/50 Historic/Architectural Rehabilitation Grant Program. " Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schoc , Mayor eft Presented: September 22 , 1999 Passed: September 22, 1999 Omnibus Vote: Yeas 6 Nays 0 Recorded: September 23, 1999 Published: Attest : Dolonna Mecum, City Clerk eft