G17-07 (2) •
Ordinance No. G17-07
AN ORDINANCE
AMENDING TITLES 2 AND 20 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, RELATING TO RESIDENTIAL CONVERSION GRANT PROGRAMS,
RESIDENTIAL REHABILITATION PROGRAMS AND
HISTORIC REHABILITATION GRANT PROGRAMS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
Section 1. That Section 2.29.050 of the Elgin Municipal Code, 1976, as amended,
entitled"Conditions,"be and is hereby further amended to amend subsection A read as follows:
A. Agreement Required: Grant recipients shall be required to execute an agreement
with the city imposing duties upon the grantee which include, but are not limited
to, the following obligations:
1. Grantee shall require licensed contractors to complete all necessary work to
accomplish such a conversion within one hundred eighty (180) days from the date
the agreement is fully executed.
2. Grantee shall not sell, convey or otherwise transfer their interest in the property
being converted until a letter of completion and compliance has been issued by
the city.
3. Grantee to the fullest extent permitted by law shall indemnify, defend and hold
harmless the city, its officers, employees, agents, boards and commissions from
and against any and all causes of action, suits, claims for damages, and any and all
other liability, which may arise out of or relate to the program agreement or the
program in any way. In the event of any action against the city, its officers,
employees, agents, boards or commissions covered by such duty to indemnify,
defend and hold harmless, such action shall be defended by legal counsel of the
city's choosing. The provisions relating to such indemnity, duty to defend and
hold harmless shall survive any termination and/or expiration of the agreement.
4. Grantee shall submit monthly progress reports detailing the progress being
made on the project or activity and a final report on the completed project or
activity outlining the goals achieved by the project or activity.
5. Grantee shall supervise and monitor the performance of the work in order to
ensure compliance with all grant program requirements and all applicable city
codes and ordinances.
6. Grantee shall obtain a conversion permit and all necessary permits for any and
all alterations made, and no such work shall be initiated until all said permits have
been obtained.
7. Grantee shall allow periodic inspections by the city to monitor the progress of
the work including, but not limited to, a final inspection.
8. Grantee shall provide city with copies of all contracts and work proposals from
contractors performing conversion work, invoices itemizing eligible material and
labor, stamped paid receipts, final waivers of lien and other documentation
showing proof of payment for materials and labor for all work completed as may
be required by the director.
9. Grantee shall post a sign at the residential structure at which the conversion is
occurring stating that such structure is being converted in conjunction with the
city's residential conversion grant program. Such sign shall be provided to the
grantee by the city and shall be placed in the front yard of such structure at a
location approved by the city with the sign faces being positioned perpendicular
to the adjoining street. The sign shall remain posted in such manner until the
grantee's conversion project has been completed and approved by the city.
Notwithstanding the foregoing, the city may require the grantee to remove such
sign at any time upon written notice to the grantee. The city may require the
grantee to post a refundable deposit in an amount equal to the replacement cost
for such sign to guarantee the sign's return to the city in a satisfactory condition.
Section 2. That Section 2.30.100 of the Elgin Municipal Code, 1976, as amended,
entitled"Grants; General,"be and is hereby further amended to read as follows:
A. Evaluations Required: The community development manager, or his or her
designee, shall evaluate or cause to be evaluated all single-family dwellings or
rental residential properties for which a grant or loan is sought pursuant to the
terms of this chapter to determine whether they are lawful and to confirm
compliance with the property maintenance code. Such evaluation shall be made
prior to the execution of any agreement for a grant. A second evaluation shall be
made following completion of work and prior to the payment of any grant.
B. Applications and Guidelines: The community development manager, or his or her
designee, is hereby authorized and directed to prepare and distribute the
appropriate forms and guidelines for the implementation of this chapter.
C. Grantee shall post a sign at the residential structure at which the rehabilitation
work is occurring stating that such structure is being rehabilitated in conjunction
with the city's residential rehabilitation program. Such sign shall be provided to
the grantee by the city and shall be placed in the front yard of such structure at a
location approved by the city with the sign faces being positioned perpendicular
to the adjoining street. The sign shall remain posted in such manner until the
grantee's rehabilitation project has been completed and approved by the city.
eft. Notwithstanding the foregoing, the city may require the grantee to remove such
sign at any time upon written notice to the grantee. The city may require the
grantee to post a refundable deposit in an amount equal to the replacement cost
for such sign to guarantee the sign's return to the city in a satisfactory condition.
D. Limitations: Grants or loans authorized under this chapter shall be limited to the
reimbursement of actual expenses incurred for eligible repairs, shall be payable
only upon satisfactory completion of the designated repairs and shall be limited to
the amount approved at the time of execution of the rehabilitation grant
agreement. No grants shall be approved for any rehabilitation, repair,
reconstruction, lead based paint abatement or accessibility improvement activities
initiated or completed prior to the execution of the rehabilitation grant or loan
agreement. The community development manager, or his or her designee, may
make direct payments to the contractor performing the work on the eligible
repairs upon the satisfactory completion of the designated repairs.
E. Extension Of Contract: The community development manager, or his or her
designee, may grant a one time extension to a rehabilitation grant agreement
authorized under this chapter not exceeding six (6) months when there are
circumstances, difficulties, or hardships that make unreasonable the time for
compliance specified by the rehabilitation grant agreement. For the consideration
of time extensions, personal circumstances peculiar to the property owner may
constitute such circumstances within the meaning of this subsection as may
material shortages, labor strikes, or seasonal limitations preventing the completion
of the work contemplated in the rehabilitation grant agreement.
F. Failure To Perform: Failure to perform the obligations of the rehabilitation grant
agreement shall subject the applicant to repayment of any grant monies received.
G. Penalty For Misrepresentation Or Failure To Comply With Conditions: Any
person who wilfully makes any false statement or misrepresentation in obtaining a
loan or grant under the provisions of this chapter, or wilfully fails to comply with
the applicable conditions affecting that person's grant or loan shall be subject to a
fine of not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00), shall be required to reimburse the city for the amount of the
grant, plus the city's costs in administering that grant, and shall forfeit the right to
any future participation in any program authorized under the residential
rehabilitation program ordinance.
Section 3. That Section 20.15.050 of the Elgin Municipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to amend subsection C read as follows:
C. Grants: The amount of any grant shall be determined by the director of the
community development department, 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,
rik approved project construction costs and applicable to a minimum project of five
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thousand dollars ($5,000.00) with no grant to exceed twenty thousand dollars
($20,000.00).
Section 4. That Section 20.15.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Guidelines,"be and is hereby further amended to amend subsection E read as follows:
E. Conditions; Agreement Required: Program participation shall, within thirty (30)
days of receiving notification of being awarded a grant, require the execution of
an agreement between the applicant and the city. 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. Within one hundred eighty(180) days of executing the agreement, 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.
t 3. The applicant shall post a sign at the residential structure which is the subject of
the agreement stating that such structure is being rehabilitated in conjunction with
the city's 50/50 Historic/Architectural Rehabilitation Grant Program. Such sign
shall be provided to the applicant by the city and shall be placed in the front yard
of such structure at a location approved by the city with the sign faces being
positioned perpendicular to the adjoining street. The sign shall remain posted in
such manner until the applicant's rehabilitation project has been completed and
approved by the city. Notwithstanding the foregoing, the city may require the
grantee to remove such sign at any time upon written notice to the grantee. The
city may require the applicant to post a refundable deposit in an amount equal to
the replacement cost for such sign to guarantee the sign's return to the city in a
satisfactory condition.
Section 5. That Section 20.16.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Guidelines,"be and is hereby further amended to amend subsection D read as follows:
D. Grant Amounts: The amount of any grant shall be determined by the director of
the community development department, 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 project
of two thousand five hundred dollars ($2,500.00) with no grant to exceed twenty
thousand dollars ($20,000.00). Grants for the painting project program shall be
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one hundred percent (100%) of the cost for the painting of the exterior of a
property with no painting project grant to exceed two thousand five hundred
dollars ($2,500.00).
Section 6. That Section 20.16.050 of the Elgin Municipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to amend subsection F read as follows:
F. Conditions; Agreement Required: Program participation shall, within thirty (30)
days of receiving notification of being awarded a grant, require the execution of
an agreement between the applicant and the city. 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. Within one hundred eighty(180) days of executing the agreement, 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 post a sign at the residential structure which is the subject of
the agreement stating that such structure is being rehabilitated in conjunction with
the city's 75/25 Historic/Architectural Rehabilitation Grant Program. Such sign
shall be provided to the applicant by the city and shall be placed in the front yard
of such structure at a location approved by the city with the sign faces being
positioned perpendicular to the adjoining street. The sign shall remain posted in
such manner until the applicant's rehabilitation project has been completed and
approved by the city. Notwithstanding the foregoing, the city may require the
grantee to remove such sign at any time upon written notice to the grantee. The
city may require the applicant to post a refundable deposit in an amount equal to
the replacement cost for such sign to guarantee the sign's return to the city in a
satisfactory condition.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock, Mayor
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Presented: March 14, 2007
Passed: March 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: March 15, 2007
Published: March 16, 2007
Attest:
Dolonna Mecum, City Clerk
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