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HomeMy WebLinkAbout2010-10-7742128886 ORDINANCE NO. 2010-10-7742 AN ORDINANCE ESTABLISHING AND APPROVING THE FOUNTAIN AVENUE HOMEOWNER REHABILITATION PROGRAM AND AUTHORIZING THE RENEWAL AND COMMUNITY DEVEDOPMENT AGENCY OF PADUCAH TO ADMINISTER THE PROGRAM AND PROVIDE FINANCICAL ASSISTANCE TO ELIGIBLE APPLICANTS FOR THE REHABILITIATION OF EXISTING HOMES IN THE FOUNTAIN AVENUE NEIGHBORHOOD. WHEREAS, the City of Paducah is charged with the responsibility of overseeing the proper and orderly development or redevelopment of vacant, orphaned, or underutilized residential properties located within its corporate boundaries and of insuring the integrity and quality of its existing residential neighborhoods; and WHEREAS, the City of Paducah's economic well-being is related to and in many respects dependent upon, sustained growth of its population and tax revenue base through the proper and orderly development or redevelopment of vacant, orphaned, or underutilized residential properties located within its corporate boundaries; and WHEREAS, in order to fulfill the aforesaid public purpose the City of Paducah is presently engaged in a neighborhood redevelopment program known as the "Fountain Avenue Neighborhood Revitalization Project" whose primary purpose is to revitalize the Fountain Avenue neighborhood through the rehabilitation of existing homes which will maintain the residential appearance of such area; and WHEREAS, the goals of the Phase 1 Fountain Avenue Neighborhood Revitalization Plan (the "Plan"), which was adopted by the City Commission on April 17, 2007, are to promote the redevelopment of the Fountain Avenue Neighborhood by i) providing incentives to encourage rehabilitation of existing structures and promote quality new infill construction and ii) seeking opportunities to help low or moderate -income families to remain residents m the neighborhood; WHEREAS, the City of Paducah desires to commitment funds for the establishment of the Fountain Avenue Homeowners Rehabilitation Program (the "Program"), which will be utilized to accomplish the goals of the Plan by providing forgivable payment loans to eligible applicants for the purpose of residential rehabilitation in the Fountain Avenue neighborhood; WHEREAS, this Program will encourage rehabilitation of owner -occupied housing units located in the Fountain Avenue neighborhood of Paducah where infrastructure and services are in place and promote quality housing consistent with the character of the adjacent residential neighborhood. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: ARTICLE I Section I Title - -, 1.1 This Ordinance shall be known and may be a cited as the "Fountain Avenue Homeowner Rehabilitation Program Ordinance of the City of Paducah". Section 2 Purpose 2.1 This ordinance is intended to establish and facilitate how housing rehabilitation can be provided for low and moderate -income households within the City of Paducah Fountain Avenue Neighborhood in order for the City of Paducah to meet its housing obligations as determined by the Fountain Avenue Neighborhood Plan. Goal 4-1: Increase the number of owner occupied standard structures to 60% plus. Goal 4-2: Provide incentives to encourage rehabilitation of existing structures and promote quality new -infill construction. Goal 4-3: Seek opportunities to help low income families remain residents in the neighborhood Goal 4-4 Promote ideas and controls that help maintain the historic style and character of the neighborhood on both existing structures and new infill construction. Goal 7-1: Improve the health, safety, and welfare of all residents within FASA. 2.2 It is intended to provide technical and financial assistance to eligible Homeowners to rehabilitate homes occupied by low and moderate - income households. 2.3 It is intended to provide a mechanism for eligible Homeowners to gain access to grants from the City of Paducah. 2.4 Forgivable payment loans for rehabilitation awarded under the Program may be funded by (1) annual budgetary appropriation by the City Commission as it deems appropriate, in its sole discretion, (2) State and Federal grant programs sponsored by the City of Paducah and/or other sources to be determined. Section 3 Definitions 3.1 Words and phrases defined in the "Fair Housing Act," shall be incorporated in this ordinance as if written herein. 3.2 Gross Income shall mean the total income of all members of an applicant's household including but not limited to: wages, tips, interest, dividends, and retirement funds. 3.3 Project Manager shall be the Director of Planning or his designee. 3.4 Indigenous Housing Need means deficient housing units occupied by low and moderate - income households within a municipality. 3.5 Rehabilitation shall mean the restoration of a deficient or substandard dwelling unit to a safe and sanitary condition in compliance with all applicable building codes, the Fountain Avenue Enhanced Standards and Design Guidelines. Section 4 General Provisions 4.1 Eligibility Eligibility for forgivable payment loans under the Program will be reviewed and preliminarily approved by the Project Manager upon the criteria outlined herein. Eligibility will be determined on a "first come, first serve basis." All property receiving the financial assistance under the Program shall be located within the Fountain Avenue neighborhood as that neighborhood is defined in the Plan. Final approval of eligibility for the forgivable payment loan shall be by Urban Renewal. a. A Homeowner who is a member of either a low or moderate -income household who occupies the dwelling unit to be rehabilitated. Proof of income of the household 2 occupying the rehabilitated unit shall be required and reviewed by the Project Manager. Income shall not exceed 120% of median area income. Graph 1 FY 2010 Income Limits for 120% of HUD Area Median Income i. 1 Person Household $45,450 ii. 2 Person Household $51,950 iii. 3 Person Household $58,450 iv. 4 Person Household $64,900 v. 5 Person Household $70,100 vi. 6 Person Household $75,300 vii. 7 Person Household $80,500 viii. 8 Person Household $85,700 b. Any dwelling unit, which is proposed for rehabilitation, shall be located in the Fountain Avenue Project area and shall be considered deficient or substandard as determined by the Project Manager who may seek advice from the Chief Building Official. In order to be deficient, a unit must need a minimum of $25,000 worth of improvements. Program parameters include: 1. Eligible applicants must earn under 120% Area Median Income. 2. The Program will target structures in need of rehabilitation. 3. Rehabilitation will be evaluated on need and overall completion of application. 4. Project applications will have a deadline date. 5. Third party construction estimates and proof of financial ability to complete project will be required. 6. A City of Paducah letter of financial commitment will be given upon final approval of the forgivable payment loan by Urban Renewal. 7. The Program will be open to existing Homeowners that reside in the residence at the time of the adoption of the Ordinance. 8. Eligible applicant rehabilitation costs must exceed $25,000 to be eligible under the Program. 9. Each forgivable payment loan awarded to eligible applicants under this Program shall not exceed a maximum of $30,000 per residence or a minimum $8,333 per residence. 10. Each forgivable payment loan shall not exceed 1/3 of Homeowner contributions to the total rehabilitation costs. 11. Eligible rehabilitation improvements must be permanent. Eligible rehabilitation improvement shall include without limitation: roofs, windows, electrical, hot water heaters, structural repair, plumbing, insulation, painting and others improvements as required by all applicable building codes, the Fountain Avenue Enhanced Standards and Design Guidelines. 12. Liquid assets shall not exceed $10,000 unless proof of 75% of assets will be used on the rehabilitation project. c. Upon completion, a rehabilitated unit shall be safe and sound and meet all applicable building codes and Fountain Avenue Enhanced Standards as set out in Section 2006-4-7104 of the Paducah Code of Ordinances. 3 ,.-..... ._.-I i -.-- -- -- rr- --- ... 11-.. -.- .. d. Eligible applicants shall, in writing, agree to comply with all the requirements of this Ordinance, and any other applicable ordinance of the City of Paducah at the time the forgivable payment loan documents under this Ordinance is executed. 4.2 , Repayment of Loan. a. The forgivable payment loan is a 0% interest loan evidenced by a promissory note in form and substance satisfactory to the City of Paducah and payable to the City of Paducah and secured by a mortgage interest in favor of the City of Paducah. The City of Paducah will prepare a promissory note and mortgage to be recorded. The mortgage would be considered second or in some cases third mortgage. b. The entire amount of the forgivable payment loan shall be forgiven by the City of Paducah over a period of five (5) years so long as Homeowner is not in default, as described below. This loan shall be forgiven by amortizing the amount of the loan over a five (5) year period from the date of the issuance of the certificate of compliance according to the schedule set forth below with the note automatically retiring after five (5) years. In the event of default, Homeowner shall immediately pay to the City of Paducah the loan amount less the yearly reductions in the total amount of the loan which sum shall be calculated according to the following schedule: i) Sale of property less than one year* 100% repayment ii) Sale of property after one year but less than two years* 80% repayment iii) Sale of property after two years but less than three years* 60% repayment iv) Sale of property after three years but less than four years* 40% repayment v) Sale of property after four years but less than five years* 20% repayment vi) Sale of property more than five years* 0% repayment 4.3 Events of Default. The occurrence of one or more of the following events will, at the option of the City of Paducah, constitute an event of default under the aforesaid note and mortgage: (a) In the event Homeowner shall sell or transfer ownership of the property or fails to occupy the property as Homeowner's principal residence for five (5) years after the issuance of the certificate of compliance; (b) Default in the performance of any other terms of the aforesaid note and mortgage; (c) Homeowner's insolvency, the appointment of a receiver for Homeowner or the institution of any bankruptcy proceedings by or against Homeowner; or (d) Any statement or document submitted to the City of Paducah or its agents by Homeowner contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or which should be included therein for the purpose of determining Homeowner's eligibility for the forgivable payment loan, or which is necessary in order to make the statements therein not misleading. 4.4 Remedies Upon Default. Upon the occurrence of any event of default by Homeowner, City of Paducah may declare the note immediately due and payable according to the schedule set forth in Section 4.2 and institute proceedings for its collection, including without limitation the foreclosure on the aforesaid mortgage securing the note. Section 5 Administration Under this section, the City of Paducah undertakes to actively market through advertising in the media, distributing flyers, etc. the Homeowner Rehabilitation Program. 5.1 Staff a. The Project Manager shall perform the following duties: 1. Conducting a Marketing Program to assure compliance with all Federal Fair Housing requirements: El a. Mailing to all Homeowners at lease once a year, an announcement of the Homeowner Rehabilitation Program. This announcement shall include an explanation of the eligibility requirements as well as the procedures for making application for rehabilitation assistance under the program. b. Conducting at least one well publicized public meeting to outline and answer questions about the Homeowner Rehabilitation Program. d. Preparation of information/application packets for distribution to interested Homeowners. 2. Preparation of the necessary applications, financial statements, a summary of the commitments to the rules and regulations of the program, and such other forms to be executed in administering the program. The appropriate forms shall include, along with other data deemed appropriate, Homeowner Rehabilitation application, proof of ownership, income qualifications and deed restrictions. 3. Review the eligibility of the applicant based on the requirements of this Ordinance and the data provided on the forms required as part of the application procedure and make a recommendation to Urban Renewal. 4. Maintenance of an updated file on available governmental and non-governmental programs for financial assistance for low and moderate income households, including eligibility requirements, application forms, filing deadlines, and whether funding is currently available. 5. Providing technical assistance to eligible low or moderate - income applicants. 6. Reviewing the deficiencies of an applicant's dwelling unit and submit the findings in writing to be kept on file as part of the application for financial assistance. 7. Maintaining a list of approved contractors based upon satisfactory references on past work performed. 8. Determining whether the proposed work to be performed meets the parameters of this Ordinance and whether the cost to complete that work is reasonable. Said determination shall be in writing and kept on file as part of the application. 9. Conducting appropriate, periodic inspections of the work being done and, when satisfactorily completed, issue a certificate of compliance bearing the date the certificate was issued. A copy of this certificate shall be kept as part of the file on the application. 10. Preparation and periodic presentation (at least once a year) to the City Commission of a report on the number and type of rehabilitation applications received and the amount of technical assistance provided by the project manager. The report shall contain, at a minimum: a. The number of applications received and approved. b. The income levels of those approved. c. The number of rehabilitated dwelling units completed. d. The rehabilitation cost of each unit. e. A summary of the type of work completed. f. How many applications are currently being processed. 5.2 Funding a. The City of Paducah may make annual budgetary appropriation as it deems necessary to fund the forgivable payment loans to be awarded under this Ordinance and the administrative costs associated therewith. b. Other sources of funding to administer and implement the Program may include without limitation state and federal programs when available. c. State and federal funds shall be disbursed according to the rules and regulations of the agency administering the funds. d. Each year the City Commission will review the Program and the market conditions in the Fountain Avenue neighborhood to determine whether to continue the Program, amend the Program or terminate the Program and rely fully on market conditions to complete the redevelopment of the neighborhood. Section 6 Procedures for Making Application, Review and Approval 6.1 Application Applications and other required forms shall be made available at the Department of Planning. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There shall be no fee for filing an application. Notice of application deadlines will be given. 6.2 Review a. The Project Manager shall determine the completeness of the application. Incomplete applications will not be processed. b. Upon a determination of completeness, the Project Manager shall make a determination as to whether the applicant meets the eligibility criteria under the Program. c. Upon a determination that the applicant is eligible under the Program, the Project Manager shall inspect the property to determine whether it qualifies as deficient under this Ordinance. d. Upon a determination that the dwelling unit is deficient, the Chief Building Inspector and Project Manager shall cause a written description of the work required to be completed in order to meet the criteria of this Ordinance, Enhanced Standards, related building codes and submit a copy to the applicant and retain one copy to be kept as part of the applicant's file. e. Upon receipt of the description of the work required to be completed, the applicant shall indicate any discrepancies or omissions in writing to the Project Manager. The Project Manager shall review the applicant's comments and provide a written response, including any appropriate adjustments to the original report. A copy of this response shall be submitted to the applicant with a copy to be kept as part of the applicant's file. f. Following the final determination of the work to be performed by the Project Manager and acceptance by the Homeowner, the Project Manager shall seek written proposals together with the cost to complete the work from appropriate qualified contractors. A list of these contractors shall be kept in the office of the Project Manager. The Project Manager shall recommend a contractor based upon completeness of the proposal and the lowest overall cost submitted. This recommendation shall be submitted to the applicant for review and concurrency. 6.3 Action on the Application a. Upon review of the approved contractor's written proposal and cost estimate, the Project Manager shall preliminarily approve, disapprove, or modify the proposal as might be appropriate to meet the requirements of the applicable ordinances of the City of Paducah and requirements of the Program and the reasonableness of the cost. If the proposal is modified or disapproved, the applicant and the approved contractor may meet with the Project Manager to make appropriate modifications until the application is approved. b. Upon approval of the work to be performed and the related cost, the Project Managers shall submit the application and the work proposal together with all supporting documentation to Urban Renewal for final approval. 6.4 Homeowner's Obligations Upon Approval. Homeowner shall deliver to the Project Manager the following documents in fully executed form: a. A promissory note in the amount of the forgivable payment loan with terms as required by this Ordinance. 0 b. A mortgage agreement in favor of the City of Paducah with terms as required by this Ordinance. c. A builder's risk policy which names the City of Paducah as a loss payee which has terms and provisions as acceptable to the City of Paducah; d. A duly executed contract between Homeowner and the approved contractor outlining the rehabilitation work to be performed, the cost to be incurred, including an amount for retainage, to assure the acceptable completion of the construction, and the time of performance. This contract must be reviewed by and acceptable to the Project Manager; and e. Any other documents which may be requested by City of Paducah upon approval. 6.5 Disbursement of Forgivable Payment Loan Proceeds. Subject to the terms and conditions hereinafter provided, the Homeowner shall be entitled to draw proceeds on the forgivable payment loan up to the extent which is commensurate with the percentage of completion of the construction of the rehabilitation work as approved by the Project Manager. For example, if rehabilitation work has been completed to the extent of 50 percent, the Homeowner shall be entitled to draw up to 50 percent of the forgivable payment loan. However, notwithstanding the foregoing, disbursement shall only be made when the following condition precedents shall have been satisfied: a. The Homeowner shall submit for the Project Manager's review a written request of voucher for loan disbursement, which shall have been prepared by the approved contractor. The written request or voucher shall be signed by both the approved contractor and the Homeowner. The written request or voucher shall fully set forth a specific description of the costs incurred in the construction process to the date of request. b. The Homeowner shall provide to Project Manager a certification executed by the approved contractor which shall certify the aforesaid costs incurred in the construction process, and that the same are due pursuant to the contractor agreement, and further, certify that all contractor fees and costs and all payments due the subcontractors (and their employees, agents, etc.), materialmen, and all other employees, agents, or others employed or contracted with directly or indirectly in the construction process have been fully paid to the date of the written request or voucher for loan disbursement; provided, however, that this latter provision shall not apply to any payments which may be due and owing and which are a part of the request for the loan disbursement, for which the approved contractor shall certify that such payments shall be made immediately following disbursement. c. That there does not exist any liens or adverse interests against the real property of the Homeowner, nor has any notice been given regarding any person's intent to file such a lien or adverse interest. d. At the request of the Project Manager, the Homeowner shall provide to Project Manager interim mechanics' or materialmen lien waivers to be executed by the approved contractor, subcontractors, materialmen and/or their employees or agents. e. The Project Manager has verified the percentage of completion of construction, and further, has verified that the construction process is in accordance with building and construction plans and specifications. f. The Homeowner has complied with the terms of this Ordinance and is not in default of any term or provision of the note, mortgage, and any other collateral agreement relating thereto. In the event all of the foregoing condition precedents are fully satisfied, the Project Manager shall within five (5) business days following date of request remit directly to the approved contractor the permitted amount of draw from which costs shall be paid and fully satisfied, and the approved contractor shall pay and satisfy all sums due and owing to subcontractors and materialmen, and upon request, the Homeowner and the approved contractor shall provide to Project Manager receipts evidencing such payments. In the event all of the foregoing condition precedents are not fully satisfied, the Project Manager shall have the right, in its discretion, to refuse the request in total until such time as all condition precedents are satisfied, or pay such portion of the request that the Project Manager deems 7 II _.1 r- - -. -..-I --- , ---- __ -. appropriate. Additionally, the Project Manager shall have the right to pay any the forgivable payment loan proceeds directly to any creditors who have provided labor or materials for the construction of the rehabilitation work, which payments shall be deemed for and in behalf of the Homeowner and as a part of the forgivable payment loan hereunder. The Project Manager's determination shall be binding and final upon the Homeowner and the approved contractor. 6.6 Issuance of Certificate of Compliance. Following completion of the work, the Project Manager shall inspect the dwelling unit and certify whether or not the work has been satisfactorily completed. If the work is sufficient, a Certificate of Compliance shall be issued and any retainage being held shall be paid directly to the approved contractor subject to the satisfaction of the conditions precedent set forth in Section 6.5 above. If the work is insufficient, the approved contractor shall be notified and given 90 days to remedy the conditions cited. If the conditions are not corrected within 90 days, the Project Manager shall be authorized to either use remaining loan proceeds, if any, and the retainage; and such other remedies as appropriate, to complete the rehabilitation work in a manner satisfactory to the Project Manager. ARTICLE II If any section, subparagraph, sentence, clause or phrase of this Ordinance shall be held to be invalid, such decision shall not invalidate the remaining portion of this Ordinance. ARTICLE III All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed. ARTICLE IV This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. A TEST: J. )5,to d Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, September 28, 2010 Adopted by the Board of Commissioners, October 12, 2010 Recorded by City Clerk, October 12, 2010 Published by The Paducah Sun, October 18, 2010 \ord\plan\ftn ave -rehab