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G4-15 Ordinance No. G4-15 AN ORDINANCE AMENDING CHAPTER 2.30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENTIAL REHABILITATION PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.30 of the Elgin Municipal Code, 1976, as amended, entitled "Residential Rehabilitation Program"be and is hereby amended in its entirety to read as follows: "Chapter 2.30 RESIDENTIAL REHABILITATION PROGRAM 2.30.010: TITLE: 2.30.020: DEFINITIONS: 2.30.030: ADMINISTRATION: 2.30.040: ESTABLISHMENT: 2.30.050: OWNER OCCUPIED, SINGLE-FAMILY DWELLING REHABILITATION GRANT PROGRAM: 2.30.060: HANDICAP ACCESSIBILITY PROGRAM: 2.30.070: EMERGENCY REPAIR PROGRAM: 2.30.080: GRANTS; GENERAL: 2.30.010: TITLE: This chapter shall be entitled the RESIDENTIAL REHABILITATION PROGRAM. Any reference to the residential rehabilitation program shall be construed to refer to this chapter and any amendments. 2.30.020: DEFINITIONS: DWELLING: A building, or portion thereof, used exclusively for human habitation. DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed, occupied or intended for use by one household for human habitation. HUD: The United States Department of Housing and Urban Development. LAWFUL SINGLE-FAMILY DWELLING OR RENTAL RESIDENTIAL PROPERTY:A single- family dwelling or rental residential property lawfully established under this code. MOBILE HOME: A factory assembled structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, and placement on a temporary foundation, at which it is intended to be a permanent habitation, and situated so as to permit the occupancy thereof as a dwelling unit for one or more persons. Funding for the established programs may be allocated until the funds budgeted for such use are exhausted. 2.30.050: OWNER OCCUPIED, SINGLE-FAMILY DWELLING REHABILITATION GRANT PROGRAM: A. Eligible Rehabilitation: Exterior repair or rehabilitation of owner occupied, lawful single- family dwellings. Eligible assistance shall be limited to the actual costs incurred in meeting the requirements of the property maintenance code. B. Applicant Qualifications: Eligible applicants shall include any person who meets all of the following qualifications: 1. Owns and occupies a lawful single-family dwelling located within the corporate limits of the city and outside of a "Special Management Area" as defined in the Kane County stormwater management ordinance as adopted by the City of Elgin including a floodplain, regulatory floodplain, wetland, wetland mitigation area, or other like area. 2. Is at least eighteen (18) years of age. 3. Is a member of a household meeting the current Section 8 guidelines established by HUD. C. Grants:The amount of any grant shall be determined by the community development director or his or her designee in accordance with the following residential rehabilitation program eligibility guidelines. Applicants with household incomes meeting the Section 8 extremely low income,very low and low income guidelines may qualify for a one hundred percent(100%)grant not to exceed fifteen thousand dollars ($15,000.00). An additional grant in the amount not to exceed ten thousand dollars ($10,000) for a total grant amount not to exceed twenty-five thousand dollars($25,000)may be provided for the removal or mitigation of lead based paint hazards on the interior of the residential structure in accordance with the U.S.Department of Housing and Urban Development's(HUD)Lead Safe Housing Rule 24 CFR 35 entitled"Lead-Based Paint Poisoning Prevention in Certain Residential Structures." In the event the total cost of the rehabilitation project exceeds fifteen thousand dollars ($15,000), the rehabilitation project shall not be eligible for a grant under this chapter. In addition, in the event the total cost of the removal or mitigation of lead-based paint hazards on the interior and/or exterior of the residential structure exceeds ten thousand dollars ($10,000),the rehabilitation project shall not be eligible for a grant under this chapter. In no event shall the amount of the grant under this chapter exceed twenty-five thousand dollars ($25,000). D. Conditions: Agreement Required: Program participation shall require the execution of an agreement between the owner and the city. The community development director, or his or her designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, the following requirements for the owner: 1. The owner shall allow a city selected and approved contractor to complete exterior repair or rehabilitation of the owner occupied,lawful single-family dwelling designated within the agreement in compliance with the property maintenance code within a six(6)month period from the date of the execution of the agreement. 2. The owner shall retain ownership of and continue to occupy such rehabilitated owner occupied, lawful single-family dwelling for a period not less than twelve (12) months following the rehabilitation completion date as determined by the community development director or his or her designee. Should the owner relinquish his or her ownership interest during the twelve (12)month period,the grant shall be repaid by the owner in full. 3. An owner who owns a property built prior to January 1, 1978, is subject to HUD's Lead Safe Housing Rule,24 CFR 35 and the City's lead hazard reduction policies as defined in the City of Elgin Community Development Block Grant Policies and Procedures Manual. The owner shall agree to the following to assist the city in complying with its lead hazard reduction policies: a. The owner shall allow an initial lead-based paint hazard inspection to be conducted by a city-appointed inspector on the interior and exterior of the dwelling and where applicable, on the interior and exterior common areas of the property which may include but not be limited to the garage, fences and bare soil. b. The owner shall agree to the mitigation or removal of any lead-based paint hazards identified by the initial inspection on the interior and exterior of the dwelling and as identified, on the interior and exterior common areas of the property which may include but not be limited to the garage,fences and bare soil.Any such mitigation or removal or any lead-based paint hazards will be completed by the city's selected contractor at no cost to the owner through an additional grant providing for such mitigation or removal pursuant to the provisions of section 2.30.050.C. c. During the time period of the initial inspection and during the course of the project, the owner may be required to temporarily relocate from the property. The costs associated with the temporary relocation of the owner shall be at no cost to the owner,such temporary relocation costs to be paid from the grant funds for the project pursuant to the provisions of section 2.30.050.C. d. Regardless of participation in the program,the owner of a pre-1978 building shall be required to disclose all the findings of the initial lead-based paint hazard inspection and where applicable, risk assessment, and lead clearance reports upon sale of the property,in accordance with HUD's Lead Safe Housing Rule,24 CFR 35,Subpart-A entitled"Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property." 4. The owner shall allow periodic inspections of the property by the city to monitor the progress of the work including,but not limited to,a final inspection.Upon completion of the work, the owner shall allow a final lead-based paint hazard inspection to be conducted by a city-appointed inspector on the interior and exterior of the dwelling to determine the extent of lead hazard mitigation or removal and allow the preparation of a lead clearance report. 5. To the greatest extent possible considering the maximum amount of funding available to an individual owner within this Section 2.30.050.C, program participation and exterior rehabilitation activities shall either result in full compliance, or demonstrate working towards full compliance,with the property maintenance code as it applies to the exterior of the single-family dwelling. The maximum amount of funding available to an individual owner within Section 2.30.050, or an expectation of participation in this program in future years, shall not stay enforcement of property maintenance code violations. 2.30.060: HANDICAP ACCESSIBILITY PROGRAM: A. Eligible Accessibility Work: Grants shall be awarded for structural modifications to owner occupied, lawful single-family dwellings for the purchase and installation of handicap accessibility fixtures for dwelling units occupied by households having one or more mobility limited disabled individuals. Eligible assistance shall be limited to the actual costs incurred in completing the designated accessibility work. B. Applicant Qualifications: Eligible applicants shall include any person who meets the following qualifications: 1. Owns and occupies a lawful single-family dwelling residential property located within the corporate limits of the city and outside of a"Special Management Area"as defined in the Kane County stormwater management ordinance as adopted by the City of Elgin including a floodplain,regulatory floodplain,wetland,or wetland mitigation area or other like area. 2. Is at least eighteen (18)years of age. 3. Is a member of a household meeting the current Section 8 guidelines established by HUD. 4. Owns a lawful single-family dwelling residential property requiring structural building modifications or the installation of handicap accessibility fixtures to serve the accessibility needs of an occupant within the eligible household. C. Grants: Owners with household incomes at or below the Section 8 low income guidelines may qualify for a one hundred percent (100%) grant not to exceed five thousand dollars ($5,000.00), plus a one hundred percent(100%) grant toward lead-based paint control and abatement activities not to exceed two thousand five hundred dollars ($2,500.00). D. Conditions: Agreement Required: Program participation shall require the execution of an agreement between the property owner and the city.The community development director,or his or her designee, is authorized to execute the agreement on behalf of the city. The agreement shall include,but shall not be limited to the following requirements for the owner: 1. The owner shall demonstrate the mobility limiting disability of a member of one or more occupant households which require the accessibility improvements. 2. The owner shall allow periodic inspections by the city to monitor the progress of the work including, but not limited to, a final inspection. In the event a grant toward lead- based paint control and abatement activities is awarded to the owner, the owner shall allow a final lead-based paint hazard inspection to be conducted by a city-appointed inspector to determine the extent of lead hazard mitigation or removal and allow the preparation of a lead clearance report. 3. The owner shall allow a city selected and approved contractor to complete the accessibility improvements to the single-family dwelling in the agreement within a six (6) month period following the date of the execution of the agreement. 2.30.070: EMERGENCY REPAIR PROGRAM: A. Eligible Repair Work: Grants for the emergency repair of water service lines,sanitary sewer laterals,furnaces,electrical systems and water heaters serving owner occupied,lawful single- family dwellings. Grants for the repair of water service lines shall be limited to the repair of those portions of the water service line extending from the water shut off valve located in the public right of way servicing the single-family dwelling to the terminus of the water service line at the single-family dwelling. Grants for the repair of sanitary sewer laterals shall be limited to the portion of the sewer extending from the single-family dwelling to the wye at the sanitary sewer main. For the purposes of this section,the term"emergency"shall mean an unforeseen combination of circumstances that calls for immediate action; a sudden unexpected happening; an unforeseen occurrence or condition; a sudden or unexpected occasion for action; or a pressing necessity. Grants for the routine repair or periodic maintenance of water and sewer service lines,furnaces,electrical systems and water heaters are expressly precluded from grant eligibility. Eligible assistance shall be limited to the actual costs incurred in performing the designated emergency repairs. B. Applicant Qualifications: Eligible applicants shall include any person who meets the following qualifications: 1. Owns and occupies a lawful single-family dwelling located within the corporate limits of the city and outside of a "Special Management Area" as defined in the Kane County stormwater management ordinance as adopted by the City of Elgin including a floodplain,regulatory floodplain,wetland,or wetland mitigation area or other like area. 2. Is at least eighteen(18)years of age. 3. Is a member of a household meeting the current Section 8 guidelines established by HUD. 4. Requires the repair of a water service line, sewer service line, furnace, water heater or electrical system serving a lawful single-family dwelling located within the corporate limits of the city. C. Grants:Eligible applicants may apply for a one time,one hundred percent(100%)grant,not to exceed three thousand dollars ($3,000.00) to complete the necessary repairs. D. Conditions; Agreement Required: Program participation shall require the execution of an agreement between the applicant and the city.The community development director,or his or her designee, is authorized to execute the agreement on behalf of the city. The agreement shall include, but is not limited to, the following requirements for the applicant: 1. When applicable, the applicant shall: a. Demonstrate to the water director, or the water director's designee, that the water service line serving the owner occupied, lawful single-family dwelling requires emergency repair. b. Demonstrate to the public works director,or the public works director's designee that the sanitary sewer lateral serving the owner occupied,lawful single-family dwelling requires emergency repair. c. Demonstrate to the community development director,or the community development director's designee,that the furnaces,electrical systems and water heaters serving the owner occupied, lawful single-family dwelling require emergency repair. 2. The water director or public works director, when applicable, shall provide the community development director with his or her findings regarding the applicant's proposed emergency repairs prior to the community development director's execution of the agreement. 3. The applicant shall complete the repairs designated within the agreement within a sixty (60) day period following the date of the execution of the agreement. 4. The applicant shall retain ownership of the single-family dwelling for a period of six(6) months following the completion date of the improvements, as determined by the community development director or his or her designee. 2.30.080: GRANTS; GENERAL: A. Evaluations Required: The community development director, or his or her designee, shall evaluate or cause to be evaluated all single-family dwelling properties for which a grant or loan is sought pursuant to the terms of this chapter to determine whether they are lawful,to confirm compliance with the property maintenance code,and to determine the extent of lead- based paint hazards on the exterior and interior of the property. Such evaluation shall be made prior to the execution of any agreement for a grant. A second evaluation to confirm compliance with the property maintenance code and to determine the extent of lead hazard mitigation or removal shall be made following completion of work and prior to the payment of any grant. B. Applications and Guidelines: The community development director,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. 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 un-authorized rehabilitation,repair,reconstruction, lead-based paint hazard removal or accessibility improvement activities initiated or completed prior to the execution of the rehabilitation grant agreement. No grant payments in the form of advance payments or pre- payments shall be authorized. The community development director,or his or her designee, shall make direct payments only to the contractor(s) selected and approved to perform the work on the eligible repairs and only upon the satisfactory completion of the designated repairs. D. Extension of Contract: The community development director, or his or her designee, may grant a onetime 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 or contractor (s) selected and approved to perform the work may constitute such circumstances within the meaning of this subsection as related to material shortages, labor strikes, or seasonal limitations preventing the completion of the work contemplated in the rehabilitation grant agreement. E. Failure to Perform: Failure to perform the obligations of the rehabilitation grant agreement shall subject the owner to repayment of any grant monies received. F. Penalty For Misrepresentation Or Failure To Comply With Conditions: Any person who willfully makes any false statement or misrepresentation in obtaining a loan or grant under the provisions of this chapter, or willfully 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 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 and publication in the manner provided by law. ce 4 David J. Ka• ain, yor Presented: February 11, 2015 Passed: February 11, 2015 Omnibus Vote: Yeas: 9 Nays: 0F, Recorded: February 11, 2015 G�'C ... ...............F�'' Published: February 13, 2015 u"s`iu"' ;` G> rr Attest: n �i lit?/e / 1/(/a'44 12)Kimberly Dewis, City lirk `i 010:1'