1989-0209_ORANGE , COUNTY OF_Memorandum of Contractr , }
MINUTES OF THE BOARD OF SUPERVISORS vjA)�_ 13
OF ORANGE COUNTY, CALIFORNIA
FEBRUARY 9, 1988
CONTRACT NO. C40526 WITH CITY OF SAN JUAN CAPISTRANO FOR REHABILITATION OF
PRIVATE PROPERTIES: Environmental Management Agency requests approval of
Contract C40526, prepared under the Housing and Community Development Block
Grant (CDBG) program, with the City of San Juan Capistrano, to provide grants
for low- and moderate -income residents for improvements of their mobile homes
located in mobile home parks within the City's boundaries.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Vasquez, the
Board authorized execution of Contract No. C40526 with the City of San Juan
Capistrano in the amount of $80,000. MOTION UNANIMOUSLY CARRIED.
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Contract No. C40526
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: San Juan Capistrano - Rehabilitation of Private Properties
(Mobile Homes) M12.4
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MEMORANDUM OF CONTRACT entered into this day of 6r aty,
BY AND BETWEEN
and
CITY OF SAN JUAN CAPISTRANO, a municipal
corporation, hereinafter referred to as CITY.
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated October 9, 1984 in which both parties agreed to cooperate in the undertaking, or
assist in the undertaking, of community development and housing assistance activities,
and
WHEREAS, the CITY has submitted to the COUNTY an application for funding of
a project hereinafter described, and
WHEREAS, the COUNTY has entered into an agreement dated September 1, 1987, with
the U.S. Department of Housing and Urban Development (hereinafter designated as HUD) to
fund said project under the Housing and Community Development Act of 1974 (Public Law
93-383), as amended (hereinafter referred to as ACT).
WHEREAS, the COUNTY has established a Home Improvement Program and has
entered into individual agreements to administer said program with HUD, California
State Department of Housing and Community Development and a local lending
institution(s), and
WHEREAS, the CITY has requested COUNTY to implement the CITY's Housing and
Community Development Project entitled Rehabilitation of Private Pr(pertibs - Mobile
Homes and funded from Block Grant funds (M12.4) for ($80,000.00). tl�
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• Contract No. C40526
1 NOW, THEREFORE, IT IS MUTUALLY AGREED b and between the
y parties that the
2 following provisions listed as well as all applicable Federal, State and County laws
3 and regulations including the attached SPECIAL PROVISIONS, identified as Exhibit "A",
4 and Exhibits "B" and "C", are part of this Contract.
5 1. The COUNTY will administer CITY Community Development Block Grant
6 Rehabilitation funds to implement the Rehabilitation of Mobile Homes Project described
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herein as project, which will provide grants for improvement of privately owned mobile
8 homes in the mobile home parks within the CITY's boundaries (see attached map Exhibit
9 "B"), in accordance with the COUNTY's Home Improvement Program (see Exhibit "C" of this
10 Contract) as approved and amended from time to time by the Board of Supervisors. All
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rehabilitation of mobile homes will benefit eligible low- and moderate -income families
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as defined by HUD.
13 2, The total project funds available for grants and administrative costs
14 hereinafter provided for in Section 5 of this Contract will not exceed $80,000.00
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(Eighty Thousand Dollars and no/100).
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3. The CITY agrees to advertise the program and to provide outreach efforts
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to prospective clients on an ongoing basis to promote grants from available project
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funds, it is agreed by all parties that the project shall be completed and all funds
19 provided through this Contract shall be expended on eligible project activities prior to
20 December 31, 1988. The date for project completion and expenditure of all funds may be
21 extended by the Director of the Orange County Environmental Management Agency or his
22 designee through written notification to the CITY.
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4. The CITY agrees to provide appropriate office space to the COUNTY, as
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needed for the project, including use of a desk and a telephone.
25 5. The CITY agrees to pay up to 208 administrative charges from project funds
26 identified in Section 2 of this Contract. When the project is completed, any remaining
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unexpended administrative funds, not to exceed 208 of the total project funding amount,
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will be allocated to the Countywide Rehabilitation Administration account.
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Contract No. C40526
1 6. Whenever available and feasible, funds from other sources approved by the
2 Board of Supervisors for the Home Improvement Program may be added to this agreement by
3 mutual consent of the Director of COUNTY's Environmental Management Agency and the City
4 Manager of CITY.
5 7. All program income pursuant to 24 CFR 570.506(c) which may be derived
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from funding through this contract will be allocated to and will be used to further
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the Countywide Rehabilitation Program.
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8. Neither COUNTY nor any officer nor employee thereof shall be responsible
9 for any damage or liability occurring by reason of any action or omission of CITY or
10 its agents, associates, contractors, subcontractors, materialmen, laborers, or any
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other persons, firms, or corporations furnishing or supplying work service, materials,
12 or supplies in connection with CITY's
pp performance of this Contract and from any and all
13 claims and losses accruing or resulting to any persons, firm or corporation for personal
14 injuries or property damage resulting from or as a consequence of, CITY's
performance of
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this Contract under or in connection with any work, authority or jurisdiction delegated
16 to CITY under this Contract. It is also understood and agreed that, pursuant to
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California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
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COUNTY harmless from any liability imposed for injury (as defined by California
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Government Code Section 810.8) occurring by reason of any action or omission of CITY
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under or in connection with any work, authority or jurisdiction delegated to CITY under
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this Contract. CITY shall act in an independent capacity and not as officers, employees
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or agents of COUNTY.
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9. Neither CITY nor any officer nor employee thereof shall be responsiblefor
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any damage or liability,occurring by reason of any action or omission of COUNTY,its
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agents, associates, contractors, subcontractors, materialmen, laborers, or any
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other persons, firms, or corporations furnishing or supplying work, service,
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materials, or supplies in connection with COUNTY's performance of this Contract and
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from any and all claims and losses accruing or resulting to any persons, firm or
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• ftntract No. C40526
1 corporation for personal injuries or property damage resulting from or as a consequence
2 of COUNTY'S performance of this Contract, under or in connection with any work,
3 authority or jurisdiction delegated to COUNTY under this Contract. It is also
4 understood and agreed that, pursuant to California Government Code Section 895.4, COUNTY
5 shall fully indemnify, defend and hold CITY harmless from any liability imposed for
6 injury (as defined by California Government Code Section 810.8), occurring by reason of
7 any action or omission of COUNTY under or in connection with any work, authority or
8 jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an
9 independent capacity and not as officers, employees or agents of CITY.
10 10. In the event of CITY's failure to comply with the provisions of this
11 Contract, COUNTY may withhold funds and/or terminate this Contract and allocate
12 funds previously assigned to this Contract to another eligible project(s) within the
13 Urban County.
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• Ontract No. C40526
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
CITY OF SAN JUAN CAPISTRANO
Dated: January 5, 1988 By
Anthony VBland, Mayor
Approved cg to fo
ity Clerk
Ann Hanover Johnaw, City Attorney
COUNTY ORANGE, a political subdivision
of the State of California
Dated: 2 - 9- 4s By '% .
W
Chairman of the Board of Supervisors
COUNTY
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. R013ERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE /COUNTY, CALIFORNIA
By 1 y✓1 �� C�
H/CD )6 f
JMH:maWPP14-1.7
11/17/87
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• Exhis "A" to COUNTY/CITY Contract
SPECIAL PROVISIONS
A. Section 3 - Compliance with the Provision of Training Employment and
Business Opportunity
The CITY shall cause or require to be inserted in full in all contracts and
subcontracts for work financed in whole or part with federal financial assistance
provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The
CITY will provide such copies of 24 CPR Part 135, as may be necessary for the
information of parties to contracts required to contain the said Section 3 clause.
Section 3 requires that to the greatest extent feasible, opportunities for
training and employment be made available to lower income residents within the unit of
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local government or metropolitan area (or non -metropolitan county), in which the project
is located. In addition, to the greatest extent feasible, contracts for work in
connection with the project shall be awarded to business concerns which are located in, `
or in substantial part owned by, persons residing in the same unit of local government
or metropolitan area (or non -metropolitan county), in which the project is located. j
The parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the
(Department issued thereunder prior to the execution of this contract. The CONTRACTOR
shall take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and
,Urban Development, 24 CPR 135. The CONTRACTOR will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135. The parties to this contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements
April 1, 1984.)
(Source: Title 24 CFR 135 revised
B. Equal Employment Opportunity
In carrying out the program, the CITY shall not discriminate against any
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0 Exhi* "A" to COUNTY/CITY Contract)
1 employee or applicant for employment because of race, color, religion, sex or national
2 origin. The CITY shall take affirmative action to ensure that applicants for employment
3 are employed and that employees are treated during employment, without regard to their
41, race, color, religion, sex or national origin. Such action shall include, but not be
5' limited to, the following: employment, upgrading, demotion or transfer; recruitment
61Jadvertising; layoff or termination rates of
g• ; pay or other form, compensation; and i
7:' selection for training, including apprenticeship. The CITY shall post in conspicuous
8'!I places, available to employees and applicants for employment, notices to be provided by
91u the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY
10i shall, in all solicitations or advertisements for employees placed by or on behalf of
11 the CITY, state that all qualified applicants will receive consideration for employment
12ii1 without regard to race, color, religion, sex or national origin. The CITY shall
13 incorporate the foregoing requirements of this paragraph in all of its contracts for
141 program work and will require all of its contractors for such work to incorporate such
15 requirements in all subcontracts for program work. Such contracts shall be subject to
16 HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD
17 'I assisted construction contracts.
18 The CITY shall cause or require to be inserted in full in any non-exempt
1911 contract and subcontract for construction work or modification thereof, as defined in
201 said regulations which is paid for in whole or in part with assistance under the
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211, Contract, the following equal opportunity clause:
22i "During the performance of this contract, the contractor agrees as follows:
23 1. The contractor will not discriminate against any employee or applicant
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1` employment because of race, color, religion, sex or national origin. The contractor
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25'11' will take affirmative action to ensure that applicants are employed and that employees
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2611 are treated during employment, without regard to their race, color, religion, sex, or
27 national origin. Such action shall include, but not be limited to, the following:
28 I Employment, upgrading, demotion or transfer, recruitment advertising, layoff or
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• Exh*t "A" to COUNTY/CITY Contract)
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1'I termination= rates of pay or other forms of compensation and selection for training,
21I including apprenticeship. The contractor agrees to post in conspicuous places,
3 available to employees and applicants for employment, notices to be provided by the CITY
4 setting forth the provisions of this nondiscrimination clause.
5j 2. The contractor will, in all solicitations or advertisements for
61 employees placed by or on behalf of the contractor state that all qualified applicants
7 will receive consideration fore employment yment without regard to race, color, religion, sex
8 or national origin.
9 3. The contractor will send to each labor union or representative of
10 workers with which he has a collective bargaining agreement or other contract or
11 understanding, a notice advising the said labor union or worker's representatives
121 of the contractor's commitment under Section 202 of Executive Order 11246 of
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13 September 24, 1965, and shall poet copies of the notice on conspicuous places available
14 to employees and applicants for employment.
15 4. The contractor will comply with all provisions of Executive Order 11246
16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary
17 of Labor.
18 5. The contractor will furnish all information and reports required by
19 Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of
20i the Secretary of Labor or pursuant thereto and will permit access to his books, records
21I and accounts by the Department and the Secretary of Labor for purposes of investigation
22` to ascertain compliance with such rules, regulations and orders.
23 6. In the event of the contractor's noncompliance with the
24 nondiscrimination clauses of this contract or with any of such rules, regulations or
25 lorders, this contract may be canceled, terminated or suspended pended in whole or in part and
26 the contractor may be declared ineligible for further Government contracts or federally
27 assisted construction contract in accordance with procedures authorized in Executive
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Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary of
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Exhot "A" to COUNTY/CITY'Contractl
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1 Labor or as otherwise provided by law.
21, 7. The contractor will include the portion of the sentence immediately
3'I preceding paragraph (1) beginning with the words "During the performance of..." and the
41i provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
511 exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
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6 Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions
7' will be binding upon each subcontractor or vendor. The contractor will take such action!
8� with respect to any subcontract or purchase order as the Department may direct as a
9 means of enforcing such provisions, including sanctions for noncompliance; provided, j
10 however, that in the event a contractor becomes involved in, or is threatened with,
11 litigation with a subcontractor or vendor as a result of such direction by the
12 Department the contractor may request the United States to enter into such litigation to
13 protect the interest of the United States,
14 The CITY further agrees that it will be bound by the above equal f
15 opportunity clause with respect to its own employment practices when it participates in
16 federally assisted construction work. The above equal opportunity clause is not
171 applicable to any agency, instrumentality or subdivision of such CITY which does not
181 participate in work on or under the contract.
19i The CITY agrees that it will assist and cooperate actively with COUNTY,
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2u HUD and the Secretary of Labor in obtaining the compliance of contractors and
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21� subcontractors with the equal opportunity clause and the rules, regulations and relevant
22i orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary j
2311 of Labor such information as they may require for the supervisions of such compliance;
241 and that it will otherwise assist the above parties in the discharge of its primary
25l1 responsibility for securing compliance.
26. The CITY further agrees that it will refrain from entering into any con -
27I tract or contract modification subject to Executive Order 11246 of September 24, 1965,
28 with a contractor debarred from or who has not demonstrated eligibility for, Government
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• • Exh.& "A" t0 COUNTY/CITY Contract,
1 contracts and federally assisted construction contracts pursuant to the executive order
2 and will carry out such sanctions and penalties for violation of equal opportunity
3 clause as may he imposed upon contractors and subcontractors by HUD or the Secretary of
4 Labor pursuant to Part II, Subpart H of the Executive Order. In addition, the CITY
5 agrees that if it fails or refuses to comply with these undertakings, the COUNTY may
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take any or all of the following actions: Cancel, terminate or suspend in whole or in
part the grant or loan guarantee; refrain from extending any further assistance to the
.CITY under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such CONTRACTOR.
(Source: H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B,
Section 202, Title 24 CFR 130, revised April 1, 1984.)
C. Federal Labor Standards
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the CITY and all contractors engaged
under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the
construction, prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this contract, shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a
(Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and
trainees to journeyman: Provided, that if wage rates higher than those required under
22!1 such regulations are imposed by state of local law, nothing hereunder is intended to
231 relieve the CITY of its obligation, if any, to require
payment of the higher rates. The
24j!CITY shall cause or require to be inserted in full, in all such contracts subject to
2511 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such
26 i1 contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions"
2711 (FUD 4010) are made part of this contract.
281 No award of the contracts covered under this section of the contract shall
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ExhGt "A" to COUNTY/CITY Contract)
be made to any contractor who is at the time ineligible under the provisions of any
applicable regulations of the Department of Labor to receive an award of such contract.
(Source: H/CD Funding Agreement #7)
All documents submitted by the CITY to the COUNTY which are required for
compliance with the Federal Labor Standards, shall be certified as being true, accurate, I
and complete by the City Engineer or the Director of Public Works. (Source:
Orange County H/CD)
D. Non -Discrimination
The CITY in an activity directly or indirectly financed under this contract,
shall comply with:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the
regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in
the United States shall on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant receives Federal
financial assistance and will immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the applicant, this assurance shall
obligate the applicant, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a purpose for
which the Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits.
2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
administering all programs and activities relating to housing and community development
in a manner to affirmatively further fair housing; and will take action to affirmatively
further fair housing in the sale or rental of housing, the financing of housing, and the
provision of brokerage services, j
3. Section 109 of the Housing and Community Development Act of 1974, and
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Exhitt "A" to COUNTY/CITY Contract
1i the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no
2 person in the United States shall on the grounds of race, color, national origin, or
3 sex, be excluded from participation in, be denied the benefits of, or be subjected to
4 discrimination under, any program or activity funded in whole or in part with funds
5; provided under this Part.
6 4. Executive Order 11063 on equal opportunity in housing and
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j nondiscrimination in the sale or rental of housing built with Federal assistance.
(Source: Title 24 CFR Part 570.601, revised April 1, 1984)
E. Accessibility/Usability of Facilities and Buildings for Physically
Handicapped
The CITY in any activity directly or indirectly financed under this contract
shall require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to
comply with the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971,
subject to the exceptions contained in 41 CPR 101-19.604. The CITY will be responsible
for conducting inspections to insure compliance with these specifications by any
contractor or subcontractor. (Source: 24 CFR Part 570.202(R), revised April 1, 1984)
F. Relocation
1. The CITY in any activity directly or indirectly financed under this
contract shall:
a. To the greatest extent practicable under State law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at
24 CFR Part 42; and
b. Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606
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ExhibO'A" to COUNTY/CITY Contract
1J revised April 1, 1984)
2 ' 2. The CITY shall also:
3 a. Comply with Title II (Uniform Relocation Assistance) of the Uniform
4'I Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD
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implementing regulations at 24 CFR Part 42 and 570.606;
b. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to all persons
displaced as a result of acquisition of real property for an activity assisted under the
Community Development Block Grant Program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the relocation
process does not result in different or separate treatment of such persons on account of
race, color, religion, national origin, sex, or source of income;
3. Assure that, within a reasonable period to time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to all
displaced families and individuals and that the range of choices available to such
persons will not vary on account of their race, color, religion, national origin, sex,
or source of income; and
4. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title
24 CFR Part 570.606, revised April 1, 1984)
G. Lead -Based Paint Hazards
The construction or rehabilitation of residential structures with assistance
provided under this Contract is subject to the BUD Lead -Base Paint regulations, 24 CFR
Part 35. Any grants or loans made by the CITY or work performed by the CITY for the
rehabilitation of residential structures with assistance provided under this Contract
shall be made subject to the provisions for the elimination of lead -base paint hazards
under subpart C of said regulations and the CITY shall be responsible for the
,inspections and certifications required under Section 35.24 thereof. (Source: R/CD
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Exhik "A" to COUNTY/CITY Contract
B
11 Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984)
2 H. Flood Disaster
31I This Contract is subject to the requirements of the Flood Disaster
4 Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this
5I Contract is approved for acquisition or construction purposes as defined under
6 Section 3(a) of said Act, for use in an area identified by the Secretary as having
7 special flood hazards, which is located in a community not then in compliance with the
S requirements for participation in the national flood insurance program pursuant to
9 Section 201(d) of Said Actj and the use of any assistance provided under this Contract
10 for such acquisition or construction in such identified areas in communities then
11 participating in the national flood insurance program shall be subject to the mandatory
12 purchase of flood insurance requirements of Section 102(a) of said Act.
13 Any Contract or Agreement for the sale, lease or other transfer of land
14 acquired, cleared, or improved with assistance provided under this Contract shall
15 contain, if such land is located in an area identified by the Secretary as having
16 special flood hazards and in which the sale of flood insurance has been made available
17 under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.,
18 provisions obligating the transferree and its successors or assignees to obtain and
19j maintain, during the ownership of such land, such flood insurance as required with
20i respect to financial assistance for acquisition or construction purposes under
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211 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be
22I required notwithstanding the fact that the construction on such land is not itself
23� funded with assistance provided under this Contract. (Source: H/CD Funding Agree -
24 ment #3)
251 The CITY shall comply with the provisions of Executive order 11296, relating
261 to evaluation of flood hazards and Executive Order 11288 relating to the prevention,
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control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised
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April 1, 1984)
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Exert "A" to COUNTY/CITY'Contractl
I. Compliance with Air and Water Acts
The CITY shall cause or require to be inserted in full in all non-exempt
contracts or subcontracts for work furnished in whole or in part by the grant contracts,
the following requirements (provided that contracts, subcontracts and subloans not
exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this
6 part:
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This Contract is subject to the requirements of the Clean Air Act, as
,amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC
1251 et seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with said regulations, the CITY shall cause or require to be
inserted in full in all contracts and subcontracts dealing with any non-exempt
transaction thereunder funded with assistance provided under this contract, the
following requirements:
1. A stipulation by the contractor or subcontractors that any facility to
be utilized in the performance of any non-exempt contract or subcontract is not listed
on the list of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor that he will comply with all the
requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318)
relating to inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and
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guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract prompt
notice will be given of any notification received from the Director of the EPA, office
Of Federal Activities or any agent of the office, that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA list of
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Exhis "A" to COUNTY/CITY Contract
1,1 violating Facilities.
2 4. An Agreement by the contractor that he will include or cause to be
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1 included the criteria and requirements in paragraph (1) through (4) of this section in
4 every non-exempt subcontract and requiring that the contractor will take such action as
5! the Government may direct as a means of enforcing such provisions.
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In no event shall any amount of the assistance provided under this
contract be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water
Pollution Control Act. (Source: H/CD Funding Agreement #6)
J. Management Compliance
The CITY in any activity directly or indirectly financed under this contract
shall comply with regulations, policies, guidelines and requirements of OMS Circular No.
A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to
grants and contract with State and local governments, and Federal Management Circular
74-7: Uniform Administrative Requirements for grant-in-aid to State and local
governments as they relate to the application, administration, acceptance and use of
Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1,
1984)
K. Obligations of Contractor with Respect to Certain Third Party Relationships
The CITY shall remain fully obligated under the provisions of this contract
notwithstanding its designation of any third party or parties for the undertaking of any
part of the
program with respect to which assistance is being provided under this ,
contract to the CITY. Such third party or parties shall comply with all lawful
requirements of the CITY necessary to insure that the program with respect to which
assistance is being provided under this contract to the CITY is carried out in
accordance with the CITY's assurances and certifications, including those with respect
to the assumption of environmental responsibilities of the CITY under Section 104(h) of
the Sousing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9)
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• Exhipt 'A' to COUNTY/CITY Contract
L. Interest of Certain Federal Officials
No member of Delegate to the Congress of the United States and no Resident
Commissioner, shall be admitted to any share or part of this contract or to any benefit
to arise from the same. (Source: H/CD Funding Agreement #10)
M. Interest of Members, Officers or Employees of CITY, Members of Local
Governing Body or Other Public Officials
No member, officer or employee of the COUNTY or CITY its designees or
agents, no members of the governing body of the locality in which the program is
situated and no other public official of such locality or localities who exercise any
functions or responsibilities with respect to the program during his tenure or for one
year thereafter, shall have any interest, direct or indirect, in any contract,
subcontract or the proceeds thereof, for work to be performed in connection with the
program assisted under this contract. The CITY shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11,
Title 24 CPR 570.611 and 570.458(14) (M) (X), revised April 1, 1984)
N. Prohibition Against Payments of Bonus or Commission
The assistance provided under this contract shall not be used in the payment
of any bonus or commission for the purpose of obtaining BUD approval of the application
for such assistance or HUD approval of application for additional assistance of any
other approval or concurrence of BUD required under this contract, provided, however,
that reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise
eligible as program cost. (Source: H/CD Funding Agreement #12)
0. Hatch Act Compliance
The CITY and COUNTY shall comply with the provisions of the Hatch Act which
limits the political activity of employees
(X1), revised April 1, 1984)
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(Source: Title 24 CFR Part 570.458(14) (M)
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RAW "A' to COUNTY/CITY Contract
P. Definitions
Throughout these Special Provisions the meaning of words shall be that
meaning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the section in which the word appears.
(Source: Orange County Counsel)
Q. Note
Federal Management Circular 74-7 has been replaced with Office of Management
and Budget (OMB) A-102.
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EXHIBIT "C"
HOME IMPROVEMENT PROGRAM
POLICY MANUAL
(Revised)
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING/COMMUNITY DEVELOPMENT PROGRAM OFFICE
1200 N. Main Street, Suite 600
Santa Ana, California 92701
Approved by the Board of Supervisors
September 18, 1984
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HOME IMPROVEMENT PROGRAM POLICY MANUAL
Table of Contents
page
General Provisions
i
Section 1
LOW INTEREST LOANS
1.01
Low Interest Loans
1
1.02
Eligibility Requirements
2
1.03
Rental Property
4
1.04
Mobilehome
5
1.05
Applicant's Income
5
1.06
FRA Title I Insurance
7
1.07
Eligible Improvements
7
1.08
Temporary Relocation Assistance
8
1.09
Processing Low Interest Loans
10
1.10
Truth -In -Lending Requirements
15
Section 2
DEFERRED
PAYMENT LOANS
2.01
Deferred Payment Loans
15
2.02
Approval of Deferred Payment Loans
16
2.03
Eligibility Requirements
16
2.04
Applicant's Income
17
2.05
Eligible Improvements and Costs
17
2.06
Temporary Relocation Assistance
19
2.07
Processing Deferred Payment Loans
19
Section 3
SPOT REHABILITATION LOANS
3.01
Spot Rehabilitation Loans
20
3.02
Processing of Spot Rehabilitation Loans
20
Section 4
REHABILITATION GRANTS
4.01
Rehabilitation Grants
20
4.02
Processing Rehabilitation Grants
21
Section 5
REBATE PROGRAM
5.01
General
22
5.02
Applicant Eligibility
22
5.03
Eligible Repairs
22
5.04
Workmanship
23
APPENDIX A
PROPERTY
REHABILITATION STANDARDS
24
HOME IMPROVEMENT PROGRAM
General Provision:
A. Purpose of Program
The Home Improvement Program provides below market interest rate
loans and grants to rehabilitate residential properties throughout
unincorporated areas of Orange County, and in particular areas designated
by the Housing and Community Development Program Office (H/CD) and
approved by the U.S. Department of Housing and Urban Development
(HUD). The primary objectives are to upgrade and preserve viable
urban communities to principally benefit persons of low/moderate
income.
B. Distribution of Funds
The rehabilitation and preservation of housing is one of the key
eligible activities permitted and encouraged by the CDBG Act. The
County Board of Supervisors, in keeping with the intent of the legislation,
authorized a significant portion of its annual CDBG funds to be used
for a Home Improvement Program. Approved H/CD funds shall be
reserved for loans and grants to low/moderate income and qualified
applicants, as determined by various approved Rehabilitation
Programs.
C. Funding Sources
Major funding comes from the Housing and Community Development Block
Grant Act (CDBG) of 1974, as amended, by the United States Housing
and Urban Development Department (HUD). Additional funding sources
may include, but not be limited to, other federal or state programs
as available, plus private funds which may result from leveraging.
When necessary, one or more funding sources may be used to cover the
entire cost of rehabilitating a particular housing unit(s).
D. Applicability of Other Federal/State Regulations
While all rehabilitation loans are subject to the requirements of
this manual, there are special provisions and limitations on the
making of rehabilitation loans depending on the type of project or
program area. Consequently, in addition to the provisions of this
Policy Manual, rehabilitation loans made on property under this
program are subject to the rules and regulations of the CDBG Act of
1974 as amended, by HUD, and regulations governing the use of other
state or federal funds which may become available.
E. Financial Institutions
Upon recommendation by H/CD Program Office, the Board of Supervisors
may approve contracts with one or more financial institutions to
process loans/grants for the rehabilitation of single-family and
multi -family units.
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F. Application Files
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The County of Orange and the financial institutions shall maintain
an application file for each application it processes. The file
maintained at the financial institution shall be separate from, and
in addition to, any other file maintained by the County of Orange.
Copies of the financial institution's files shall be made available
to the County of Orange, HUD, or appropriate state or federal officials,
upon an appropriate request.
G. Authority
The Director of the Environmental Management Agency (EMA), is responsible
for the County Home Improvement Program, H/CD. The Manager of EMA's
H/CD Program Office has been designated by the Director to be responsible
for the Home Improvement Program. The Housing Program Section Chief
may act on behalf of the H/CD Manager if so designated.
The above designated officials are authorized to execute documents
necessary to effectuate and further the purposes of the program;
such as property reconveyance, lien releases, subordination
agreements, assumption agreements and other instruments necessary to
adjust security, all in accordance with the guidelines established
in this policy manual as adopted by the Board of Supervisors.
H. Security Agreements
Subordination agreements, assumption agreements and other
instruments necessary to adjust security can only be allowed when:
1. The revised total amount of loans encumbered does not exceed 80
percent of the value of the property, or
2. Modified transaction does not threaten the secured interest of
the County.
3. Approval and authorization is obtained from the 9/CD Manager.
4. Modified security agreements will only be authorized when it is
necessary to implement the Program.
I. Asset Limitations
No loans or grants shall be made to property owners whose net assets
exceed $75,000. Excluded from the calculation of net assets subject
to this provision, will be the principal place of residence,
household items and the value of an ownership interest in a small
business. This provision does not apply to landlords applying for
rehabilitation of rental property.
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J. CDBG Act of 1974 - Authorization
The following sections outline the guidelines and policy procedures
for the County's Rome Improvement Program. Section 570.202 is the
specific provision of the CDBG Act of 1974, as amended, which authorizes
the County to make CDBG funds available for home improvement purposes.
Whenever the use of funds and/or activity under this program is in
doubt, Section 570.202 shall prevail.
MaNOAL Atm AM AMMOGOITS AND REVISIONS PREVIOUSLY APPROVED BY TBS
BORM OF SUPERVISORS ON MAY 10, 1983.
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SECTION 1. LOW INTEREST LOANS
Section 1.01 Low Interest Loans
A. Method
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The County makes available low interest loans to qualified
applicants through the Home Improvement Programs and financial
institutions approved by the Board of Supervisors.
B. Approval
A rehabilitation loan may be approved only when the following
conditions exist:
1. An executed Grant Agreement exists between the County of
Orange and HUD under Title I of the CDBG Act of 1974, as
amended, and
2. Executed agreement(s) exist between a financial
institution(s) and the County of Orange to provide
rehabilitation loans to property owners,
or
3. Agreements have been executed with other federal and/or
state agencies to make funds available to the County.
C. Notification of Loan Decision
Applicants will be notified of loan decision by the contracting
financial institution after applications have been accepted and
processed by H/CD. The H/CD office will retain in its files the
copies of notification to the applicant of loan decision by the
financial institution. No rehabilitation work is to be
performed prior to this notice by the financial institution and
the County's Notice to Proceed. In case of emergency health and
safety conditions or special circumstances the H/CD Manager may
authorize work to proceed prior to notification from the
financial institution.
D. Restrictions on Number of Loans
The number of low interest or deferred payment rehabilitation
loans which may be made to any property owner under the Home
Improvement Program is one (1) unless waived in writing by the
H/CD Manager. Requests for a waiver of this restriction shall
be made by the loan applicant, in writing, to the Manager.
Requests to the Manager must be accompanied by the
recommendation of the Housing Program Section Chief. If a
request for a waiver of this one (1) loan restriction is denied
by the Manager, loan applicant may appeal the decision to the
Director of EMA.
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Section 1.02 Eligibility Requirements
A. Property Eligibility Requirements
A rehabilitation loan may be made to properties located within
target areas designated in the County of Orange H/CD Block Grant
Application. Under the Spot Rehabilitation Program, loans may
also be made to low/moderate income persons outside of target
areas, but within any county unincorporated area or contracting
city. The property must need rehabilitation to comply with the
Property Rehabilitation Standards adopted by the Board of
Supervisors, as amended (Appendix A).
B. Applicant Eligibility Requirements
To be eligible for a housing rehabilitation low-interest loan,
the applicant must demonstrate adequate ability to repay the
loan, be of legal age, and meet the eligibility guidelines. A
rehabilitation loan may not be approved by the financial
institution if the applicant's record shows a disregard for
former credit obligations or if there is an indication of
inability to make the required payment.
A loan applicant must be the owner(s) of the property, or the
purchaser of the property under a land sales contract or any
similar contractual agreement for the purchase of real property.
An applicant having a lease for a fixed term expiring not less
than six calendar months after the maturity of the loan may,
with the owner's consent, apply for a loan.
C. Income Limits
The Housing and Community Development Act of 1974, as amended,
requires that programs principally benefit persons of
low/moderate income (persons making 80 percent or less of the
County's median income as defined by HUD). In keeping with the
intent of the legislation to benefit low/moderate income persons
and preserve and upgrade neighborhoods, the following income
requirements for participation in the program are established:
Three interest rates are offered under the Home Improvement
Program: three (3), six (6), and nine (9) percent.
1. Three (3) Percent Interest Loan
Priority shall be given to applicants whose annual income is
within the low/moderate income limitations prescribed by
HUD. This income is equivalent to 80 percent of the median
income for the Anaheim -Garden Grove -Santa Ana Standard
Metropolitan Statistical Area (SMSA). The median income for
the SMSA area is updated periodically by HUD. This income
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limitation shall not apply to investor -owners participating
in the Rental Rehabilitation Program. The County H/CD
Program has identified by formal application to HUD specific
target areas for concentrated use of Housing and Community
Development funds. Applicants, who live within the
designated target areas and whose incomes are at or below
these limits are eligible to apply for three (3) percent
loans.
Interest rates for Spot Rehabilitation loans made outside of
an approved target area shall also be three (3) percent for
homeowners who meet the 80 percent median income criteria.
For futher detail, see Section 3.01 on Spot Rehabilitation.
The H/CD Manager may raise these income limits by 20 percent
upon staff confirmation of the existence of a health and
safety hazard.
2. Six (6) Percent and Nine (9) Percent Interest Loans
In order to provide an incentive to the rehabilitation of
substandard rental units for the benefit of L/M income
tenants, Six (6) and Nine (9) Percent Interest Loans may be
made to qualified rental property owners on the condition
that these owners agree to comply with the requirements of
Section 1.03 of this Policy Manual.
D. Loan Amount
The maximum for a loan made shall be $45,000.00 for structures
of one to three units. For four or more units the maximum loan
shall not exceed $15,000 per unit. A mobilehome rehabilitation
loan may not exceed $10,000 unless waived in writing by the H/CD
Manager.
E. Refinance
As allowed by Section 570.202(c) (2) (ii) (B) of the Housing and
Community Development regulations, refinancing may be permitted
if it is necessary to complete the rehabilitation work for
low/moderate income applicants. The section reads that block
grant funds may be used for "Refinancing existing indebtedness
secured by a property being rehabilitated if such refinancing is
necessary or appropriate to the execution of the Community
Development and Housing Plan." If refinancing is over 20
percent of the clients indebtedness, Housing Program Section
Chief must obtain Manager's approval.
The loan applicant is subject to the same loan limits described
in D above. For refinancing delinquent loans see Section 1.09
(13).
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Section 1.03 RENTAL PROPERTY
Rental properties may be eligible, at the present time, under three
programs: The County's Investor -Owner Program, the Section 8
Moderate Rehabilitation Program and the Rental Rehabilitation
Program. Under these programs, following rehabilitation, the
majority of the units shall be occupied by low- and moderate -income
persons at affordable rents. Other programs may become available
when approved by the County Board of Supervisors.
A. County's Investor -Owner Program
Under this program, rental property units to be rehabilitated
will be made available to low/moderate income renters. Owner
must assure the H/CD office in writing that no displacement of
renters will occur and agree to accept tenants with Section 8
rental assistance or vouchers. The Housing Program Section
Chief will make a determination of acceptability of these
efforts. Applicant may appeal negative finding(s) to the H/CD
Manager. In the event no subsidy rental assistance is
available, owner must agree _to_keep rents affordable for seven
iii years to lower income persons or ramllies (i.e., tnose
earning 80 percent or less of the County's median income as
defined by HUD).
B. Section 8 Moderate Rehabilitation Program
Owner must also assure the H/CD office in writing that no
displacement of renters will occur, and that units to be
rehabilitated will be made available to low/moderate income
renters. Owner must agree to accept Section 8 Certificates or
vouchers that will be provided through the County of Orange
Housing Authority or a similar program. The Housing Program
Section Chief will make a determination of acceptability of
these efforts. Applicant may appeal negative finding(s) to the
H/CD Manager.
C. Rental Rehabilitation Grant Program
This Rental Program provides for the rehabilitation of rental
units in selected target areas. Under this program, a grant or
a DPL up to $5,000 may be made to a rental property owner on the
condition that units to be rehabilitated will be made available
to low/moderate income renters and owner agrees for a period of
ten (10) years after the project is completed not to convert the
rehabilitated units to condominium ownership. Owner must agree
to accept Section 8 Certificates or vouchers for tenants per
unit rehabilitated that may be available through the Orange
County Housing Authority or a similar program. The Housing
Program Section Chief will make a determination of acceptability
of these efforts. Applicant may appeal negative finding(s) to
the H/CD Manager.
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Section 1.04 MOBILEHOMES
In order to provide mobilehome owner -occupants with a financing
mechanism to rehabilitate their units, the County has established
this program. The program provides for loans up to $10,000 and
grants up to $5,000, where conditions warrant, the Manager may
increase the grant amount, not to exceed twenty percent for imminent
hazard to the health and safety of the applicant or the community.
For the purpose of Mobile Home Rehabilitation, all mobile homes are
considered real properties.
Besides the requirement for income eligibility, the following
conditions must be satisfied before a loan can be made to a
mobilehome owner:
A. Owner must show proof of ownership either by:
1. Possessing a State of California of Housing and Community
Development Certificate of Title, Mobilehome, or
2. A California Department of Motor Vehicles Ownership
Certificate (known as a pink slip).
3. Other documents as may be required by HUD or the State H/CD
Department.
B. The remaining economic life of the mobilehome must be at least
five (5) years or more.
C. Mobilehome must be peramantely anchored to the ground to resist
wind and seismic forces.
Section 1.05 Applicant's Income
A. Type of Applicant
In order to make an eligibility determination for a
rehabilitation loan, an owner -occupant applicant is classified
as being either low/moderate income or above low/moderate income
or an investor -owner. Low/moderate income is 80 percent of the
county's median income, as defined and periodically updated by
HUD.
B. Income Components
The following is a list of components that comprise the total
income allowed an applicant for a rehabilitation loan. The
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gross income of the applicant and his/her family is used to
determine eligibility. However, if a co-signer or heir is on
the title to the property, but does not reside in the property
and does not contribute to the income, a notarized statement of
non-support will be required in order to exclude the co-signer's
or heir's income. The applicant's family includes the applicant
and any other person(s) related by blood, marriage, or operation
of law, who share the same dwelling unit and/or have ownership
interest in the property. An applicant's gross income must be
established on an annual basis for the preceeding two years at
the time of applying for a rehabilitation loan and may include,
but is not limited to:
1. The applicant's gross earnings.
2. Spouse's gross earnings and contributions from other members
of the family who share the household must be considered if
employment and earnings are on a regular basis.
3. Other income regularly received by the applicant or his/her
family from any source.
4. Income from assets including savings, stocks, bonds, vacant
land, etc.
5. Income from real estate, including rental units on the
property to be rehabilitated is based on net rental income.
If the applicant has not owned the property for two or more
years, the County of Orange shall estimate the income and
expenditures on the available data.
6. Self -Employment
If self-employed, the average allowable income from the two
most recent income tax returns shall be used in determining
applicant's eligibility. The following method shall be used
in determining present income for self-employed individuals:
Net profit or loss
plus Depreciation and Depletion
equals Net Income
plus Other Income (wages, interest,
etc.)
equals Allowable Income
C. Allowances
Gross income of the applicant shall be reduced by the following
allowances when applicable.
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1. Medical expenses for a major illness or chronic condition
which are not covered by insurance. Supporting
documentation must be submitted to H/CD as evidence of a
major permanent illness or chronic condition.
2. Unusual expenses or amounts paid for the care of minors
under 18 years of age or for the care of disabled or
handicapped family household members, but only where such
care is necessary to enable a family member to be gainfully
employed.
D, Exclusions from Income
The following income is excluded in determining income
eligibility:
1. The income of a child 18 years of age or younger;
2. Child support, including social security or pension funds,
and income from a trust fund established for the child;
3. The income of a child who is a full-time student living at
home, and is 21 years or younger;
4. The income of a co-signer or heir who does not reside on
property may be excluded provided that a notarized statement
of non-support is submitted. Such co-signer or heir may not
be counted as a family member for the purpose of income -
level calculation.
Section 1.06 FHA Title I Insurance
Whenever possible, loans will be processed by the financial
institution for FHA Title I Insurance.
Section 1.07 Eligible Improvements
A. General
This section sets forth, but does not limit, examples of
eligible and mandatory improvements under the rehabilitation
program as well as ineligible improvements. When the
eligibility of a proposed improvement is in question, Section
570.202 of the CDBG Act of 1974, as amended, is the final
authority.
B. Eligible Improvements
1. Additions and alternations to prolong the livability or
usefulness of existing structures such as rooms, porches,
stairways, closets, bathrooms, and entrances are eligible,
as determined necessary by the H/CD Senior Building
Inspector.
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2. Exterior work to help preserve or protect structures, such
as grading, painting, roofing and siding, is eligible.
3. Interior work to make a structure more livable such as
painting, papering, plastering, new flooring and tile work
is eligible.
4. Also eligible are repairs, restoration or replacement of
important parts of structures such as heating systems,
plumbing repairs, electrical repairs and certain kitchen
appliances in residential structures.
5. Clearance, site preparation and site acquisition where a
unit is determined not suitable for rehabilitation and a
replacement house plan has been approved and funded.
6. Items considered necessary to provide handicap accessibility
and/or remove architectural barriers to the handicap.
7. Items necessary for historical restoration/preservation.
C. Mandatory Improvements
Hazardous conditions which are a direct threat to the health,
safety and general welfare of occupants as defined in the
Uniform Housing Code and/or Property Rehabilitation Standards as
defined by Appendix A, must be corrected.
D. Ineligible Improvements
The following improvements are not eligible:
Barbecue pits, bathhouses, burglar protection bars, dumbwaiters,
wet bars, greenhouses, greenhouse windows, airplane hangars,
kennels, outdoor fireplaces or hearths, photomurals, swimmng
pools, television antennae, tennis courts. Materials, fixtures
or equipment of a type or quality, which unreasonably exceeds
that customarily used in properties of the same general type as
the property to be rehabilitated.
Section 1.08 Temporary Relocation Assistance
A. General
This section sets forth a description of temporary relocation
benefits to be made available to persons and families who are
displaced from their homes as a result of the County's Home
Improvement Program. Cost may be shared by the County and the
displaced person(s), or landlords in the case of rental
rehabilitation.
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B. Conditions Requiring Temporary Relocation
If any of the following causes or conditions occur as a result
of the Home Improvement Program, it may be necessary for the
persons or families to relocate to another dwelling on a
temporary basis:
1. Water system is shut off for any extended period of days for
plumbing repairs.
2. Electrical service becomes non-operable while making repairs
to wiring.
3. Repairs which create dust and other conditions which would
aggravate allergic condition of occupant(s).
4. Structure is to be fumigated for termite control and
infestation.
5. Hazardous living conditions which result from structural
changes during construction.
6. Sanitation facilities; e.g., tub, wash basin, toilet become
non-operable.
7. Contractor requires relocation of occupants to perform
repairs and such requirement has the concurrence of the
Housing Program Section Chief and the occupant.
C. Eligibility Requirements
Applicants approved for a loan or a grant who must find
temporary accommodations as per Section B above are eligible for
relocation benefits. Clients must actually secure and occupy an
alternative dwelling unit in order to receive payment.
D. Amount of Assistance
Benefits will be made available for a period determined by the
Manager but not to exceed the term of the rehabilitation
contract.
County will pay the cost of the temporary accommodations up to a
daily maximum equal to the Housing Authority's rent limitations
prorated on a daily basis.
E. Procedures for Securing Temporary Relocation Assistance
1. Contractor or Rehabilitation Cost Specialist must submit
letter to the H/CD Program Office requesting vacating of
unit and specifying amount of time unit must remain vacant.
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Request for vacating of premises must be approved, in
writing, by rehabilitation staff and authorized by H/CD
Manager.
2. Person displaced presents written quote from accommodation
to rehabilitation staff. Staff will then verify that
displaced persons occupied unit and staff will also verify
amount of quote.
3. Rehabilitation staff will present claim form to Auditor -
Controller with a request for payment. Payment will be made
payable, jointly, to person displaced and persons who
provided accommodation.
Section 1.09 Processing Low Interest Loans
A. General
This section sets forth the steps which are to be followed in
the processing of a rehabilitation loan:
1. Initial Contact
Marketing effort/strategy includes, but is not limited to:
Press releases to metropolitan and local newspapers; Public
Services Announcements (PSAs) for television and radio;
articles in magazines, newsletters and newspapers; paid
advertisements in the print media; staff appearances on
public service radio and television programs; flyers
distributed by mail or door-to-door contact; and
presentations using a prepared rehabilitation slide show or
other graphics at community meetings.
Upon initial contact, an application will be mailed or given
to the applicant.
2. Loan Application
If requested by applicant, loan application will be
explained to homeowner by loan counselor who may assist in
completing necessary forms. Otherwise, loan application
will be mailed or given to applicant who will complete
application.
3. Preliminary Approval of Funding Authority
Completed loan application will be forwarded by H/CD staff
to financial institution and, if applicable, to the
appropriate state or federal agency for funding authority
to:
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a. Verify program eligibility of applicant.
b. Verify that applicant is owner of property to be
improved.
c. Verify applicant's income and employment. The income
tax returns for the previous two years will be obtained
by H/CD staff.
d. Complete credit investigation.
e. Advise homeowner in writing of approval/disapproval.
When appropriate, items (a) through (e) may be required to
be performed by the County prior to submittal to funding
sources.
4. Termite Inspection
A free termite inspection will be arranged by the County for
the homeowner or property owner approved for a
rehabilitation loan. The termite company will submit the
inspection results to the rehabilitation specialist for
inclusion in the work write-up cost estimate.
5. Work Write-up/Cost Estimate
A work write-up/cost estimate will be compiled based on the
initial inspection and the termite inspection report.
Homeowner will be given a copy of the work write-up for
approval and will be advised of estimate of loan necessary
to complete rehabilitation work.
6. Bid Process
a. Contractor
Unless homeowner elects to conduct his/her own bid,
provided regulations permit, bid packages will be
prepared by H/CD staff, and, if possible, bids obtained
from at least three (3) qualified contractors. (This
requirement is waived under the Mobile Home
Rehabilitation and Rebate Programs where the property
owners are responsible for the selection of qualified
contractors for the job). "Qualified" means those
contractors who are licensed by the state of California,
who have applied to participate in the County's Home
Improvement Program and who have received written
approval of their participation in the program from
H/CD. All bids must be returned within 20 calendar days
unless otherwise specified. Bids will be opened in the
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presence of the homeowner and H/CD staff will review
bids. Responsibility for selection of a contractor
rests with the homeowner. Homeowner must, however,
select a qualified contractor. Homeowner is not
required to select low bid, but, bid chosen must be
within 10 percent of H/CD estimate. This requirement
may be waived by the Housing Program Section Chief in
cases where the H/CD cost estimate is proven not to
reflect current prices.
b. owner -Builder
Homeowner shall prove to the satisfaction of the
rehabilitation specialist that he/she has the ability to
perform tasks to be undertaken, including coordination
of contractor(s).
Where all or part of the work is to be performed by the
homeowner, then homeowner shall submit to the
rehabilitation specialist a list of the materials,
approximate costs for these items and a schedule for
completion by homeowner. Only material will be
reimbursable, not the labor of the homeowner or
immediate family member. This list will be submitted to
H/CD prior to preparation of bid package.
Homeowner may act on his/her own behalf to hire
contractor(s) to complete various portion(s) of the work
listed in the work write-up. Homeowners will identify
the contractor(s) or laborers and the work items which
contractor(s) or laborers will perform.
Failure by property owner to comply with the above
requirement will terminate his/her application. .
7. Contract/Agreement Execution
As a requirement for funding of all loans, deferred payment
loans, or grants:
A Property owner Agreement must be executed between the
property owner and H/CD.
In conjunction with the Property owner Agreement, the
following contracts and/or agreements will be executed
depending on method of rehabilitation chosen by client:
a. Prime Construction Contract between homeowner and
contractor or homeowner and sub -contractor, if
applicable; i.e., owner -builder who subcontracts any
portion of the agreed upon scope of work.
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b. Owner -Builder Agreement for homeowners who are approved
to do their own rehabilitation work or act as his/her
own contractor.
In the event that homeowner wishes to provide improvements
over and above eligible work provided for, or perform a
portion(s) of the work her/himself, the above contract(s) or
agreement(s) shall reflect the total cost of work to be
done, what the prime and/or subcontractor's responsibilities
are and work homeowner will perform. Evidence of
availability of the additional funds required must be
verified and available prior to funding of loan.
8. Executed Contracts
H/CD may forward copy of final work write-up to the
appropriate financial institution or appropriate funding
agency with request for loan documents. Financial
institution(s) will prepare and forward loan documents at
interest rate previously determined by H/CD and advise H/CD
of interest subsidy due, if appropriate. Homeowner's
payments will be in equal monthly installments, the first
installment payment due 30 calendar days from note date
depending on financial institution policy. H/CD obtains
borrower's signature on loan documents and returns all
documents to the financial institution(s), if appropriate.
9. Loan Subsidy
Loan subsidies will be governed by contracts with financial
institutions as approved by the Board of Supervisors.
10. Notice to Proceed
No construction/rehabilitation work will begin until a
written Notice to Proceed is issued by H/CD and homeowner.
11. Smoke Detector(s)
Smoke detector(s) will be required in all rehabilitated
residential structures.
12. Loan Disbursement
a. Financial institution(s) may forward to H/CD loan
proceeds in a form prescribed by the agency or financial
institution and may disburse progress payments upon
request of H/CD staff. Disbursements to clients will be
made only after completion of inspection by
rehabilitation specialist and verification of billings
by H/CD. Proceeds will be disbursed by one of the
following methods:
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1) Progress Payments (draws)
Contractor may not receive less than three progress
payments except in cases where rehabilitation is of
a minor nature. The progress payments shall not
exceed 90 percent of the cost of such work items
determined by the bid breakdown. Progress payments
due Contractor shall be paid after County approval
of receipt and verification of contractor's
invoice(s) and satisifactory Release of Liens or
claims for Liens, by contractor, subcontractors,
laborers and material suppliers for work completed
and materials installed. If no liens are recorded,
a 10 percent retention will be disbursed to the
contractor at expiration of lien filing period,
thirty-five (35) calendar days after filing the
Notice of Completion. This retention may be less
than 10 percent, as determined by the Housing
Program Section Chief, depending on total contract
amount.
2) One Lump Sum
Payment may be made in one lump sum upon completion
of all work, less 10 percent retention. Completion
consists of passing final inspection and filing
required release forms. If no liens are recorded
retention will be disbursed to the contractor at
expiration of lien filing period, thirty-five (35)
calendar days after filing of Notice of Completion.
3) Homeowner Advancements
Upon approval of the loan, the borrower (if the
borrower is performing the work her/himself) may
receive advancements to cover an agreed portion of
the costs of materials consistent with the schedule
provided in work write-up. Additional advancements
may be made when work financed by prior advancements
has been completed to the satisfaction of H/CD.
b. Depending upon the type and level of rehabilitation work
to be conducted and the amount of loan, H/CD may utilize
escrow services for control of fund disbursement.
13. Loan Delinquencies
The lender will provide County with a weekly, monthly, or
quarterly list of delinquent borrowers. H/CD will contact
the borrowers. Should a delinquency continue and bank
informs H/CD that foreclosure will result, H/CD Manager,
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upon recommendation of Housing Program Section Chief, in
order to protect County's interest, may decide to cure the
default by refinancing existing loan to a DPL if client
qualifies.
14. Appeal
A loan application which is disapproved may be resubmitted
for a DPL or Grant described in Section 2 and Section 3
below. Subsequent rejection may be appealed under Section
2.028.
Section 1.10 Truth in Lending Requirements
H/CD shall meet all state and federal truth in lending requirements.
Section 2. DEFERRED PAYMENT LOANS
Section 2.01 Deferred Payment Loans
A Deferred Payment Loan (DPL) is a zero percent (0) interest loan.
DPL's are intended to assist low/moderate income persons who are
unable to finance rehabilitation work without this assistance. The
loan becomes due and payable in a lump sum upon sale or transfer of
property, by any means, instrument or probate proceedings, whichever
results in the shortest time for repayment. If client sells or
transfers property within five (5) years of receiving DPL, entire
DPL principal plus three (3) percent interest per annum will be
paid; if sold or transferred after five years, no interest will be
charged on DPL but entire principal will become due and payable.
The DPL may not exceed loan limits of $45,000. Clients shall
execute a promissory note and secure it by a Deed of Trust. If
title is transferred to an heir, an income analysis can be made to
determine if heir is low/moderate income and qualified to assume
DPL, or if the DPL should be repaid. All assumptions of DPL's shall
be approved by the H/CD Manager.
Funding for the DPL is through the H/CD Program and/or any other
federal or state programs or appropriate lending institutions under
contractual agreement with the County. Funds may be loaned directly
by the County to the eligible clients without the involvement of a
private lending institution. DPL's can also be made to rehabilitate
publicly owned residential units.
In order to preserve and upgrade affordable rental units for the
benefit of low/moderate income tenants, a DPL may be made to
investor owners who participate in the Rental Rehabilitation
Programs without regard to income. The DPL will be due and payable
in fifteen (15) years or at time of transfer of title, whichever
comes first.
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Section
2.02
Approval
of
Deferred
Payment
Loans
A.
The
criteria for
an
approval
of
a DPL are:
1) Applicant must be of low/moderate income or qualified
investor -owner in a target or spot area.
2) Applicant must be financially unable to repay loan with the
exception of investor -owners in the Rental Rehabilitation
Programs where the applicant's cash flow after
rehabilitation is not sufficient for debt repayment and a
DPL is deemed necessary to make the project financially
feasible.
3) Rehabilitation improvements are necessary to comply with
existing health and safety codes.
B. Approval Authority
A DPL will be approved or disapproved in writing by the Manager
or his designee. H/CD shall notify applicant of results. A
person whose application for a DPL has been disapproved may
appeal to the Director of EMA for a final decision.
C. Restriction on Number of Loans
The number of DPL's which may be made to any property owner
under the Home Improvement Program is one (1). Waiver of
limitation may be granted by the Manager.
Section 2.03 Eligibility Requirements for DPLS
A. Applicant Eligibility Requirements
A DPL is intended to avoid the displacement of homeowners who
have no other means of financing repairs and improvements which
must be made to their homes. A review of DPL's executed after
June, 1983 shall be made every five (5) years to reevaluate if
clients are still low/moderate income. If a family income
exceeds 80 percent of the County median income at that time, the
DPL will be due and payable, but may be assumed at the County's
discretion.
B. Income Limits
The income limitations are those set by Section 1.02 (c) and
2.02.
Section 2.04 Applicant's Income
Method of determining applicant's income will be noted in Section
1.05.
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Section 2.05 Eligible Improvements and Costs
A. General
This section sets forth examples of improvements and costs to be
financed with a DPL.
B. Eligible Improvements and Costs
A DPL may be used to finance the cost of repairs and
improvements to comply with the Property Rehabilitation
Standards approved by the Board of Supervisors as amended
(Appendix A) and incipient violations of these standards. DPL
funds may also be used to finance the cost and installation of
energy conservation materials. DPL's may also be used to remove
handicap barriers and to provide handicap accessibility.
Hazardous conditions which are a direct threat to the health,
safety and general welfare of occupants will be priority items
to be corrected.
C. Ineligible Improvements
DPL may not provide for:
1. New construction or expansion of the size of a structure,
except in Rental Rehabilitation programs or where
overcrowding warrants.
2. Materials, fixtures or equipment of a type or quality, which
unreasonably exceeds that customarily used in properties of
the same general type as the property to be rehabilitated.
D. Insurance and Property Taxes
The client shall maintain adequate fire and hazard insurance
with the County listed as loss payee for the amount of the loan
on the property, as required by the Home Improvement Program,
and keep taxes current during term of DPL, except under special
government programs allowed for elderly clients.
E. Program Fees
1. Recording fees
The cost of recording the Deed of Trust and other pertinent
documents shall be waived as per Government Code, Section
6103.
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2. Policy of Title Insurance
A policy of title insurance covering the amount of the DPL
shall be obtained for the borrower and the cost paid from
the loan proceeds.
3. Tax Service Co.
Home Improvement Program may utilize services of a Tax
Service Company. Cost shall be paid from loan proceeds.
F. Maximum loan of $45,000 may be made and is subject to the same
conditions set by Section 1.02 E. of this manual.
G. Escrow of Rehabilitation Funds
The applicant shall agree to permit the County of Orange, its
agents or designees, to act as escrow agents of funds loaned
through a DPL and to permit the County of Orange, its agents or
designees, to disburse such funds to the applicant/borrower and
the contractor in the manner set forth in the contract between
the applicant/borrower and the contractor or in the contract
between applicant/borrower and County in the case of an
Owner/Builder, to insure the proper disbursement of such funds.
The "borrower" shall be construed to be any person or other
legal entity who holds title to the property being rehabilitated
with the assistance of a DPL and who is legally responsible for
repayment of the loan. In the case of multiple ownership, the
signature of every titleholder will be required on a Deed of
Trust where the signature of the applicant/borrower is
necessary.
H. Assumptions for Deferred Payment Loans
Assumptions of DPL's are authorized, however, new borrower's
income must be established at or below 80 percent of the
County's median income.
DPL assumptions may be considered when one of the following
occurs:
1. Judgement of Dissolution of Marriage.
2. Death of vested title holders. Heirs of property must be
from the immediate family.
3. Title of property is transferred.
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Section 2.06 Temporary Relocation Assistance
Temporary relocation benefits that are available to applicant
receiving a DPL are those described in Section 1.08 of this manual.
Section 2.07 Processing Deferred Payment Loans
A. Processing Procedures
The processing of a DPL shall be the same as that of a
subsidized, low interest loan as noted in Section 1.09 of this
Policy Manual in addition to the following:
1. Determination of Preliminary Eligibility
Rehabilitation staff will develop necessary documentation to
make determination of applicant eligibility for a DPL.
2. Obtain Preliminary Title Report, credit report, appraisal,
if needed, and verify income.
3. Determination of Final Eligibility.
After receiving preliminary title report and credit report,
staff will make a final recommendation regarding applicant's
eligibility for a DPL. Recommendation will be submitted to
H/CD Manager or his designee for approval.
4. Execution of Documents
If eligible, applicant will execute Promissory Note and Deed
of Trust. Additionally, applicant will execute DPL property
owner agreement. Once all documents are executed, Deed of
Trust will be recorded, Promissory Note and Deed of Trust
will be held by H/CD Accounting and H/CD will request title
insurance policy covering amount of loan from title company.
5. Notification of Loan Amount
A signed DPL Approval Form will be forwarded to H/CD
Accounting with the total amount needed for the DPL and the
rehabilitation process will continue.
B. Truth -In -Lending Requirements
Truth -in -lending requirements, as noted in Section 1.10 of this
manual, apply to all DPL's.
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SECTION 3. SPOT REHABILITATION LOANS
Section 3.01 Spot Rehabilitation Loans
C
Spot rehabilitation is a component of the Home Improvement Program.
Low interest loans, DPL's and Grants are available to owner -
occupants of low/moderate income, living in any contract city or
county unincorporated area. In order to preserve and upgrade
affordable rental units for the benefit of low/moderate income
tenants, investor -owners participating in the Rental Rehabilitation
programs are also eligible to apply.
Section 3.02 Processing of Spot Rehabilitation Loans
Requirements for approval of spot rehabilitation loans are those
noted in Section 1 of this manual except:
Eligibility Requirements
A. Property Eligibility Requirements
A rehabilitation loan may be made to any qualified
residential property owner located in the unincorporated
area of the County of Orange, or in any part of a
participating contracting city.
B. Income Limits
Spot rehabilitation loans to low/moderate income persons
shall be subject to Section 1.02 C. (1) for 3 percent loans.
C. Eligible Improvements and Costs
A spot rehabilitation loan may be used to finance the cost
of repairs and improvements as required to bring the
property into compliance with the Property Rehabilitation
Standards approved by the Board of Supervisors, as amended.
Spot rehabilitation loans may also be used to finance the
cost of repairs of incipient violations of these standards.
No general property improvements are permitted.
SECTION 4. REHABILITATION GRANTS
Section 4.01 Rehabilitation Grants
In order to provide a full range of financing machanisms for the
County's Home Improvement Program, a grant program has been
established. This program provides a grant of up to $8,000.00 with
a 20 percent supplement for materials and labor to low/moderate
income owner -occupants. The goal of the program is to rectify
emergency health or safety hazards in the applicant's home and to
provide energy conservation.
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•
Section 4.02 Processing Rehabilitation Grants
A. A rehabilitation grant may be approved subject to the same
provisions as set forth in Section 2 except as noted below:
Applicant Eligibility Requirements
1. Applicant must execute Property Owner Grant Agreement which
provides that the owner returns 100 percent of the grant to
County upon sale or transfer of title within one year of
agreement execution and 50 percent of property upon sale or
transfer of title transferred between one and two years
after the execution of the agreement.
2. A rehabilitation grant may be used to finance the cost of
repairs and improvements to comply with the Property
Rehabilitation Standards approved by the Board of
Supervisors and incipient violations of these standards.
Grant funds may also be used to finance the cost and
installation of energy conservation materials. The maximum
amount of a rehabilitation grant may not exceed the
following:
(a) $8,000.00 for conventional single family units and
$5,000 for mobilehomes.
(b) Where conditions warrant, the Manager may increase the
grant amount, not to exceed twenty percent (of the
above) for imminent hazard to the health and safety of
the applicant or the community.
(c) $3,000.00 maximum for minor rehabilitation (mini -grants)
in approved target area.
B. Mini -Grants
To eliminate blight or prevent further deterioration of a
neighborhood, H/CD Program Office may provide small, minor
repair/maintenance, rehabilitation, mini -grants to qualified
residents of a low/moderate income neighborhood. Under this
mini -grant program, the above resale restriction of 4.02 A (1)
will be waived.
SECTION 5. REBATE PROGRAM
Section 5.01 Rebate Program
5.01 General
The County provides limited funding to provide rebates for previously
approved home repairs which are prepaid by the owner and verified by
H/CD. The rebates are made available for a minimum of $500.00 and a
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maximum of $3,000.00 for eligible home repairs completed in selected
target areas. Property owners are required to obtain written
preapproval for all work subject to rebate. Property owners are
required to select their own licensed contractor and to provide
itemized, paid invoices covering all work. In the case of an approved
owner builder, only materials shall be subject to rebate. Labor costs
for owners and family members are not subject to rebate.
5.02 Applicant Eligibility
Homeowners who live within a target area and whose incomes are 808 or
less of the County Median Income (as defined and periodically updated by
HUD) are eligible for 1008 rebate (up to $3,000.00) for approved work.
Homeowners shall submit income tax returns to verify income and property
tax bills to verify ownership.
5.03 Eligible Repairs
This section sets forth, but does not limit, expenses of eligible
repairs for the rebate program. Such repairs shall be judged feasible
to preserve and repair the subject property through minor
rehabilitation, including exterior painting. Repairs which have not
been approved in writing prior to their completion shall not be eligible
for rebate. The following list gives examples of rebate -eligible
repairs:
Roof repairs/reroofing*
Exterior lighting
Gutters
Screens, security locks
Sewer cleanout
Reglazing
Siding
Porch repair
Concrete driveway and walks
Ramps for handicapped
Fences
Insulation
Plumbing replacement
Water heater replacement
Energy Conservation
*Roofing with wood shakes or shingles or a new roof over an old roof is
not subject to rebate.
*Rebates are not available for appliances.
5.04 Workmanship
The County reserves the right to inspect any work which a rebate has
been applied for, and to refuse all or part of any rebate due to poor
workmanship or unacceptable materials.
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08/31/84
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Appendix A
PROPERTY REHABILITATION STANDARDS
FOR
RESIDENTIAL PROPERTIES
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING/COMMUNITY DEVELOPMENT DIVISION
April 7, 1983
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TABLE OF CONTENTS
Page
INTRODUCTION
i
CHAPTER
1
TITLE AND SCOPE
1
CHAPTER
2
ENFORCEMENT
1
CHAPTER
3
PERMITS AND INSPECTIONS
3
CHAPTER
4
DEFINITIONS
3
CHAPTER
5
SPACE AND OCCUPANCY
4
CHAPTER
6
STRUCTURAL REQUIREMENTS
6
CHAPTER
7
MECHANICAL REQUIREMENTS
6
CHAPTER
8
EXITS
9
CHAPTER
9
FIRE PROTECTION
10
CHAPTER
10
SUBSTANDARD BUILDINGS
10
CHAPTER
11
ENERGY CONSERVATION
12
CHAPTER
12
REQUIREMENTS FOR PHYSICALLY HANDICAPPED
12
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The "Property Rehabilitation Standards" (PRS) as denoted herein have been estab-
lished after considering many codes and suggestions by the Federal Housing
Administration. These PRS are the Uniform Housing Code, 1979 Edition, except
for some minor revisions and additions, and shall be the guide for the County in
implementing its Home Improvement Program.
These PRS shall constitute the basis of the working agreement between the
Department of Housing and Urban Development (HUD) and the County of Orange.
They shall apply to all residential properties in areas designated by the County
as eligible for rehabilitation.
Where the HUD Minimum Property Standards are more restrictive, those standards
shall apply. It is recognized that the PRS are minimum property standards and
not ideal property standards.
Where actual rehabilitation occurs, replacements may be required which go beyond
the minimum standards in order that the CDBG funds be utilized in a more
effective manner and a longer lasting repair be made to structures. For
example, in areas where there is a generally recognized condition of expansive
soils, larger footings may be required by H/CD. Additionally it is recognized
that a flexible interpretation of the Uniform Building Code is utilized in the
Home Improvement Program since to require an existing older dwelling to conform
1008 to the Uniform Building Code may be cost prohibitive.
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Chapter 1
TITLE AND SCOPE
TITLE
Sec. 101. These Property Rebilitation Standards are to be referred to
herein as PRS.
PURPOSE
Sec. 102. The purpose of these PRS is to provide minimum standards to
safeguard life, limb, health, property, safety, and welfare of the general
public and the owners and occupants of residential buildings within jurisdiction
of the County of Orange and those cities whose rehabilitation programs are
administered by the County of Orange.
SCOPE
Sec. 103. (a) Application. The provisions of these PRS shall apply to all
buildings or portions thereof used, or designed, or intended to be used, for
human habitation. Such occupancies in existing buildings may be continued as
provided in Section 104 (G) of the Building Code, except such structures as are
found to be substandard as defined in these PRS.
Where any building or portion thereof is used or intended to be used as a
combination apartment house -hotel, the provisions of these PRS shall apply to
the separate portions as if they were separate buildings.
Every rooming house or lodging house shall comply with all the requirements
of these PRS for dwellings.
(b) Alteration. Existing buildings which are altered or enlarged shall be
made to conform to these PRS insofar as the new work is concerned and in accord-
ance with Section 104 (a) and (b), of the Building Code. However, exceptions
may be permitted provided health, safety, and general welfare of persons con-
cerned are not adversely affected.
(c) Relocation. Buildings or structures moved into or within the
jurisdiction shall comply with the requirements in the Relocated Buildings Code
for new buildings and structures.
Chapter 2
GENERAL
Sec. 201. (a) Authority. The Housing and Community Development Manager is
hereby authorized and directed to administer and enforce all of the provisions
of these PRS.
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(b) Right of Entry. Whenever necessary to make an inspection to enforce
any of the provisions of these PRS, or whenever the Housing and Community
Development Manager or his authorized representative has reasonable cause to
believe that there exists in any building or upon any premises, any condition
which makes such building or premises unsafe, dangerous, hazardous, or substand-
ard as defined in Section 202 of these PRS, the Housing and Community Development
Manager or his authorized representative may enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed upon the
Housing and Community Development Manager by these PRS; provided that if such
building or premises were occupied, he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied, he shall first make
a reasonable effort to locate the owner or other persons having charge or control
of the building or premises and demand entry. If such entry is refused, the
Housing and Community Development Manager or his authorized representative shall
have recourse to every remedy provided by law to secure entry.
No owner or occupant or other person having charge, care or control of any
building or premises shall fail or neglect, after proper demand is made as herein
provided, to promptly permit entry therein by the Housing and Community Develop-
ment Manager or his authorized representative for the purpose of inspection and
examination pursuant to these PRS. Any person violating this subsection shall be
guilty of a misdemeanor.
(c) Responsibilities Defined. Every owner remains liable for violations of
duties imposed upon him by these PRS even though an obligation is also imposed on
the occupants of his building, and even though the owner has, by agreement,
imposed on the occupant the duty of furnishing required equipment or of complying
with these PRS.
Every owner, or his agent, in addition to being responsible for maintaining
his building in a sound structural condition, shall be responsible for keeping
that part of the building or premises which he occupies or controls in a clean,
sanitary, and safe condition including the shared or public areas in a building
containing two or more dwelling units.
Every owner shall, where required by these PRS, the health ordinance or the
health officer, furnish and maintain such approved sanitary facilities as
required, and shall furnish and maintain approved devices, equipment, or
facilities for the prevention of insect and rodent infestation, and where
infestation has taken place, shall be responsible for the extermination of any
insects, rodents, or other pests when such extermination is not specifically made
the responsibility of the occupant by law or ruling.
Every occupant of a dwelling unit, in addition to being responsible for
keeping in a clean, sanitary, and safe condition that part of the dwelling or
dwelling unit or premises which he occupies and controls, shall dispose of all
his rubbish, garbage, and other organic waste in a manner required by other laws
and regulations.
Every occupant shall, where required by these PRS and by other laws and
regulations, furnish and maintain approved devices, equipment or facilities
necessary to keep his premises safe and sanitary.
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SUBSTANDARD BUILDINGS
Sec. 202. All buildings or portions thereof which are determined to be
substandard as defined in these PRS are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition, or removal in
accordance with the procedure specified in Chapter 2, as amended
(Ordinance 3062).
Chapter 3
PERMITS AND
GENERAL
Sec. 301. No person, firm, or corporation shall erect, construct, enlarge,
alter, repair, move, improve, remove, convert, or demolish any building or
structure, or cause or permit the same to be done, without first obtaining a
separate building permit for each such building or structure from the Building
Official in the manner and according to the applicable conditions prescribed in
Chapter 3 of the Building Code and in Section 302 of Ordinance No. 3061.
FEES
Sec. 302. Whenever a building permit is required by Section 301 of these
PRS, the appropriate fees shall be paid to the Building Official as specified in
Section 304 of the Building Code and of Ordinance No. 3061.
INSPECTION
Sec. 303. All buildings or structures within the scope of these PRS and all
construction or work for which a permit is required shall be subject to
inspection by the Housing and Community Development Manager and the Building
Official in accordance with and in the manner provided by these PRS and
Sections 305 and 306 of the Building Code.
Chapter 4
DEFINITIONS
Definitions
Sec. 401. For the purpose of these PRS, certain abbreviations, terms,
phrases, words, and their derivatives shall be construed as specified in the
Building Code.
BUILDING CODE shall mean the Uniform Building Code, published by the
International Conference of Building Officials and the Code currently adopted by
the Board of Supervisors.
EFFICIENCY LIVING UNIT. Efficiency living unit is a dwelling unit
containing only one habitable room and meeting the requirements of
Section 503(b), Exception.
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HOT WATER. Hot water shall be water at a temperature of not less than
1000F.
MECHANICAL CODE shall mean the Uniform Mechanical Code, published by the
International Conference of Building Officials and the International Association
of Plumbing and Mechanical Officials and the Code currently adopted by the Board
of Supervisors, County of Orange.
NUISANCE. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity jurisprudence.
2. Any attractive nuisance which may prove detrimental to children whether
in a building, on the premises of a building, or upon an unoccupied
lot. This includes any abandoned wells, shafts, basements, or
excavations; abandoned refrigerators and motor vehicles; or any
structurally unsound fences or structures; or any lumber, trash,
fences, debris, or vegetation which may prove a hazard for inquisitive
minors.
3. Whatever is dangerous to human life or is detrimental to health, as
determined by the Housing and Community Development Manager.
4. Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing facilities.
7. Uncleanliness, as determined by the Housing and Community Development
Manager.
8. Whatever renders air, food, or drink unwholesome or detrimental to the
health of human beings as determined by the Housing and Community
Development Manager.
Chapter 5
SPACE AND OCCUPANCY STANDARDS
LOCATION ON PROPERTY
Sec. 501. All buildings shall be located with respect to property lines and
to other buildings on the same property as required by Section 504 and Part IV of
the Building Code. Each dwelling unit and each guest room in a dwelling or
lodging house shall have access to a passageway, not less than 3 feet in width,
leading to a public street or alley. Exit courts from apartment houses to the
public way shall be not less than 44 inches in width and 7 feet in heighth.
YARDS AND COURTS
Sec. 502. (a) Scope. This Section shall apply to yards and courts having
required windows opening therein.
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(b) Yards. Every yard shall be not less than 3 feet in width for one-story
and two-story buildings. For buildings more than two stories in height the
minimum width of the yard shall be increased at the rate of 1 foot for each
additional story. Where yards completely surround the building, the required
width may be reduced by 1 foot. For buildings exceeding 14 stories in height,
the required width of yard shall be computed on the basis of 14 stories.
(c) Courts. Every court shall be not less than 3 feet in width. Courts
having windows opening on the opposite sides, shall be not less than 6 feet in
width. Courts bounded on three or more sides by the walls of the building shall
be not less than 10 feet in length unless bounded on one end by a street or yard.
For buildings more than two stories in height the court shall be increased 1 foot
in width and 2 feet in length for each additional story. For buildings exceeding
14 stories in height, the required dimensions shall be computed on the basis of
14 stories.
Adequate acess shall be provided to the bottom of all courts for cleaning
purposes. Every court more than two stories in height shall be provided with a
horizontal air intake at the bottom not less than 10 square feet in area and
leading to the exterior of the building unless abuting a yard or public space.
The construction of the air intake shall be as required for the court walls of
the building, but in no case shall be less than one-hour fire -resistive.
(d) Projection into Yards. Eaves and cornices may project into any
required yard not more than 2 inches for each foot of yard width. Unroofed
landings, porches and stairs may project into any required yard provided no
portion extends above the floor level of a habitable room; and provided further
that no such projection shall obstruct a required exitway.
ROOM DIMENSIONS
Sec. 503. (a) Ceiling Heights. Habitable rooms or areas shall have a
ceiling height of not less than 7 feet 6 inches except as otherwise permitted in
this Section. Kitchens, halls, bathrooms, and toilet compartments may have a
ceiling height of not less than 7 feet measured to the lowest projection from the
ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on
center, the ceiling height shall be measured to the bottom of these members.
Where exposed ceiling members are spaced at 48 inches or more on center, ceiling
height shall be measured to the bottom of the deck supported by these members
provided that the bottom of the members is not less than 7 feet above the floor.
If any room in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half the area thereof. No portion of
the room measuring less than 5 feet from the finished floor to the finished
ceiling shall be included in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is required
in two-thirds the area thereof, but in no case shall the height of the furred
ceiling be less than 7 feet.
(b) Floor Area. Every dwelling unit shall have at least one room which
shall have not less than 150 square feet of floor area. Other habitable rooms
except kitchens shall have an area of not less than 70 square feet. Where more
than two persons occupy a room used for sleeping purposes the required floor area
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shall be increased at the rate of 50 square feet for each occupant in excess of
two.
Additional sleeping rooms may be provided to obtain proper separation of
children or other dependents regarding sex.
EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency
living unit within an apartment house meeting the following requirements:
1. The unit shall have a living room of not less than 200 square feet of
superficial floor area. No additional 100 square feet of superficial
floor area shall be provided for each occupant of such unit in excess
of two.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities each having a clear working space of not less
than 30 inches in front. Light and ventilation conforming to these PRS
shall be provided.
4. The unit shall be provided with a separate bathroom containing a water
closet, lavatory, and bathtub or shower.
(c) Width. No habitable room other than a kitchen shall be less than 7
feet in any dimension.
Each water closet stool shall be located in a clear space not less than 30
inches in width and a clear space in front of the water closet stool of not less
than 24 inches shall be provided.
Additional bathroom facilities may be provided in order to alleviate an
overcrowded condition.
LIGHT AND VENTILATION
Sec. 504. (a) Natural Light and Ventilation. All guest rooms, dormitories,
and habitable rooms within a dwelling unit shall be provided with natural light
by means of exterior glazed openings with an area not less than one-tenth of the
floor area of such rooms with a minimum of 10 square feet. All bathrooms, water
closet compartments, laundry rooms and similar rooms shall be provided with
natural ventilation by means of openable exterior openings with an area not less
than one -twentieth of the floor area of such rooms with a minimum of 1 1/2 square
feet.
All guest rooms, dormitories and habitable rooms within a dwelling unit
shall be provided with natural ventilation by means of openable exterior openings
with an area of not less than one -twentieth of the floor area of such rooms with
a minimum of 5 square feet.
(b) Origin of Light and Ventilation. Required exterior openings for
natural light and ventilation shall open directly onto a street or public alley
or a yard or court located on the same lot as the building.
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EXCEPTION: Required windows may open into a roofed porch where the porch:
1. Abuts a street, yard, or court; and
2. Has a ceiling height of not less than 7 feet; and
3. Has the longer side of at least 65 percent open and unobstructed.
A required window in a service room may open into a vent shaft which is open
and unobstructed to the sky and not less than 4 feet in least dimension. No vent
shaft shall extend through more than two stories.
For the purpose of determining light and ventilation requirements, any room
may be considered as a portion of an adjoining room when one-half of the area of
the common wall is open and unobstructed and provides an opening of not less than
one-tenth of the floor area of the interior room or 25 square feet, whichever is
greater.
(c) Mechanical Ventilation. In lieu of required exterior openings for
natural ventilation, a mechanical ventilation system may be provided. Such
system shall be capable of providing two air changes per hour in all guest rooms,
dormitories, habitable rooms, and in public corridors. One-fifth of the air
supply shall be taken from the outside. In bathrooms, water closet compartments,
laundry rooms, and similar rooms a mechanical ventilation system connected
directly to the outside, capable of providing five air changes per hour, shall be
provided.
(d) Hallways. All public hallways, stairs, and other exitways shall be
adequately lighted at all times in accordance with Section 3312(a) of the
Building Code.
SANITATION
Sec. 505. (a) Dwelling Units. Every dwelling unit shall be provided with a
bathroom equipped with facilities consisting of a water closet, a lavatory, and
either a bathtub or shower.
(b) Hotels. Where private water closets, lavatories, and baths are not
provided, there shall be provided on each floor for each sex at least one water
closet and lavatory and one bath accessible from a public hallway. Additional
water closets, lavatories, and baths shall be provided on each floor for each sex
at the rate of one for every additional guests, or fractional number thereof in
excess of 10. Such facilities shall be clearly marked for "Men" and "Women".
(c) Kitchen. Each dwelling unit shall be provided with a kitchen. Every
kitchen shall be provided with a kitchen sink. No wooden sink or sink of
similarly absorbent material shall be permitted.
(d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer
or to an approved private sewage disposal system. All plumbing fixtures shall be
connected to an approved system of water supply and provided with hot and cold
running water necessary for its manual operation, except water closets shall be
provided with cold water only.
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All plumbing fixtures shall be of an approved glazed earthenware type or of
a similarly nonabsorbant material.
(e) Water Closet Compartments. Walls and floors of water closet
compartments except in dwellings shall be finished in accordance with
Section 1711 of the Building Code.
In all occupancies, accessories such as grab bars, towel bars, paper
dispensers and soap dishes, etc., provided on or within walls, shall be installed
and sealed to protect structural elements from moisture.
(f) Room Separations. Every water closet, bathtub, or shower required by
these PRS shall be installed in a room which will afford privacy to the occupant.
A room in which a water closet is located shall be separated from food
preparation or storage rooms by a tight -fitting door.
(g) Installation and Maintenance. All sanitary facilities shall be
installed and maintained in safe and sanitary condition and in accordance with
all applicable laws.
Chapter 6
STRUCTURAL REQUIREMENTS
GENERAL
Sec. 601. (a) General. Buildings or structures may be of any type of
construction permitted by the Building Code. Roofs, floors, walls, foundations,
and all other structural components of buildings shall be capable of resisting
any and all forces and loads to which they may be subjected. All structural
elements shall be proportioned and joined in accordance with the stress
limitations and design criteria as specified in the appropriate sections of the
Building Code. Buildings of every permitted type of construction shall comply
with the applicable requirements of the Building Code.
(b) Shelter. Every building shall be weather protected so as to provide
shelter for the occupants against the elements and to exclude dampness.
(c) Protection of Materials. All wood shall be protected against termite
damage and decay as provided in the Building Code.
Chapter 7
MECHANICAL REQUIREMENTS
HEATING AND VENTILATION
Sec. 701. (a) Heating. Every dwelling unit and guest room shall be provided
with heating facilities capable of maintaining a room temperature of 700F. at a
point 3 feet above the floor in all habitable rooms. Such facilities shall be
installed and maintained in a safe condition and in accordance with Chapter 37 of
the Building Code, the Mechanical Code, and all other applicable laws. No
unvented fuel -burning heater shall be permitted. All heating devices or
appliances shall be of an approved type.
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(b) Electrical Equipment. All electrical equipment, wiring, and appliances
shall be installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of
any building, such building shall be connected to such electrical power. Every
habitable room shall contain at least two supplied electric convenience outlets
or one such convenience outlet and one supplied electric light fixture. Every
water closet compartment, bathroom, laundry room, furnace room, and public hallway
shall contain at least one supplied electric light fixture.
(c) Ventilation. Ventilation for rooms and areas and for fuel -burning
appliances shall be provided as required in the Mechanical Code and in this Code.
Where mechanical ventilation is provided in lieu of the natural ventilation
required by Section 504 of this Code, such mechanical ventilating system shall be
maintained in operation during the occupancy of any building or portion thereof.
Chapter 8
EXITS
GENERAL
Sec. 801. Every dwelling unit or guest room shall have access directly to
the outside or to a public corridor. All buildings or portions thereof shall be
provided with exits, exitways, and appurtenances as required by Chapter 33 of the
Building Code.
Every sleeping room below the fourth story shall have at least one operable
window or exterior door approved for emergency egress or rescue. The units shall
be operable from the inside to provide a full clear opening without the use of
separate tools.
All egress or rescue windows from sleeping rooms shall have a minimum net
clear opening of 5.7 square feet. The minimum net clear opening height dimension
shall be 24 inches. The minimum net clear opening width dimension shall be 20
inches. Where windows are provided as a means of egress or rescue they shall
have a finished sill height not more than 44 inches above the floor.
Chapter 9
FIRE PROTECTION
GENERAL
Sec. 901. All buildings or portions thereof shall be provided with the
degree of fire -resistive construction as required by the Building Code, for the
appropriate occupancy, type of construction, and location on property or in fire
zone; and shall be provided with the appropriate fire -extinguishing systems or
equipment required by Chapter 38 of the Building Code.
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Chapter 10
BUILDINGS
DEFINITION
Sec. 1001. (a) General. Any building or portion thereof including any
dwelling unit, guest room or suite of rooms, or the premises on which the same is
located, in which there exists any of the following listed conditions to an
extent that endangers the life, limb, health, property, safety, or welfare of the
public or the occupants thereof shall be deemed and hereby is declared to be a
substandard building.
(b) Inadequate Sanitation. Inadequate sanitation shall include but not be
limited to the following:
1. Lack of or improper water closet, lavatory, bathtub or shower in a
dwelling unit.
2. Lack of or improper water closets, lavatories, and bathtubs or
showers per number of guests in a hotel.
3. Lack of or improper kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures in a hotel.
5. Lack of hot and cold running water to plumbing fixtures in a
dwelling unit.
6. Lack of adequate heating facilities.
7. Lack of or improper operation of required ventilating equipment.
8. Lack of minimum amounts of natural light and ventilation required
by these PRS.
9. Room and space dimensions less than required by these PRS.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents as determined by the
Housing and Community Development Manager.
13. General dilapidation or improper maintenance.
14. Lack of connection to required sewage disposal system.
15. Lack of adequate garbage and rubbish storage and removal facilities
as determined by the Housing and Community Development Manager.
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(c) Structural Hazards. Structural hazards shall include but not be
limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor support of insufficient size to carry imposed
loads and safety.
4. Members of walls, partitions, or other vertical supports that
split, lean, list or buckle due to defective material or
deterioration.
5. Members of walls, partitions, or other vertical supports that are
of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split, or buckle due to defective
material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety.
8. Fireplaces or chimneys which list, bulge, or settle, due to
defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength
to carry imposed loads with safety.
10. Dangerous or deteriorating fences.
(d) Nuisance. Any nuisance as defined in these PRS.
(e) Hazardous Wiring. All wiring except that which conformed with all
applicable laws in effect at the time of installation and which has been
maintained in good condition and is being used in a safe manner.
(f) Hazardous Plumbing. All plumbing except that which conformed with all
applicable laws in effect at the time of installation and which has been
maintained in good condition and which is free of cross connections and siphonage
between fixtures.
(g) Hazardous Mechanical Equipment. All mechanical equipment, including
vents, except that which conformed with all applicable laws in effect at the time
of installation and which has been maintained in good and safe condition.
(h) Faulty Weather Protection, which shall include but not be limited to
the following:
1. Deteriorated, crumbling, or loose plaster.
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2. Deteriorated or ineffective water proofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to lack of
paint or other approved protective covering.
4. Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(i) Fire Hazard. Any building or portion thereof, device, apparatus,
equipment, combustible waste, or vegetation which, in the opinion of the Orange
County Fire Warden or his deputy, is in such a condition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire
explosion arising from any cause.
(j) Faulty Materials of Construction. All materials of construction except
those which are specifically allowed or approved by these PRS and the Building
Code, and which have been adequately maintained in good and safe condition.
(k) Hazardous or Unsanitary Premises. Those premises on which an
accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage,
offal, rat harborages, stagnant water, combustible materials, and similar
materials or conditions constitute fire, health or safety hazards.
(1) Inadequate Exits. All buildings or portions thereof not provided with
adequate exit facilities as required by these PRS except those buildings or
portions thereof whose exit facilities conformed with all applicable laws at the
time of their construction and which have been adequately maintained and
increased in relation to any increase in occupant load, alteration or addition,
or any change in occupancy.
When an unsafe condition exists through lack of or improper location of
exits, additional exits may be required to be installed.
(n) Inadequate Fire -protection or Fire -fighting Equipment. All buildings
or portions thereof which are not provided with the fire -resistive construction
or fire -extinguishing systems or equipment required by these PRS, except those
buildings or portions thereof which conformed with all applicable laws at the
time of their construction and whose fire -resistive integrity and fire -
extinguishing systems or equipment have been adequately maintained and improved
in relation to any increase in ocucpant load, alteration or addition, or any
change in occupancy.
(o) Improper Occupancy. All buildings or portions thereof occupied for
living, sleeping, cooking or dining purposes which are not designed or intended
to be used for such occupancies.
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Y .
GENERAL
Chapter 11
ENERGY CONSERVATION
Sec. 1101. (a) Energy Efficiency Performance Requirement. Appropriate
energy -conserving improvements such as insulation, caulking, and weather -proofing
must be accomplished by the owner as part of the rehabilitation under this part,
provided that these improvements are determined to be cost effective over a
period of 15 years.
(b) Energy Conservation requirements in New Building Construction shall
comply with Chapter 53, Appendix of the U.B.C.
Chapter 12
REQUIREMENTS FOR PHYSICALLY HANDICAPPED
Sec. 1201. (a) Units accommodating physically handicapped occupants with
wheelchairs and other special equipment shall not contain architectural barriers
which impede access or use. Handrails and rams shall be provided as
appropriate.
BL:decDH5:19
4/19/83
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V 76
January 11, 1988
Julia Havens
Housing and Community Development
1200 North Main Street, Suite 600
Santa Ana, California 92701
Re:
Dear Ms. Havens:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUC H HEIM
KENNETH E. FRIEBB
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Block Grant Proeram - 13th Year
The City Council of the City of San Juan Capistrano at its regular meeting held
January 5, 1988, approved the Housing and Community Development Contract between
the City and the County of Orange for rehabilitation of private properties (Mobile
Homes).
Three copies of the Agreement executed by the City are enclosed. Upon approval of the
Board of Supervisors, please return one fully -executed copy to this office.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary Ann nover, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Community Planning and Development
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
2.
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from private development through a negotiated process. The report forwarded a
resolution setting forth enabling legislation establishing a procedure for approving
development agreements.
Approval of Procedures for Development Agreements:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
1-5-6. ESTABLISHING PROCEDURES
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING PROCESSING
PROCEDURES GOVERNING THE APPROVAL OF
DEVELOPMENT AGREEMENTS .AUTHORIZED UNDER
GOVERNMENT CODE SECTIONS 65864, ET SEQ.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
Written Communications:
Report dated January 5, 1988, from the City Attorney, forwarding a Security
Agreement and Amendatory Agreement to the Slope Warranty Agreement approved
by Council on September 1, 1987. The Security Agreement allows the City access to
slope warranty fund monies in the event of an occurrence and failure to repair
damages by Glenfed; the Agreement is similar to a letter of credit. The
Amendatory Agreement provides that the slope warranty program will not invalidate
the lien of any mortgage affecting the property covered under the slope agreement
and was requested by Glenfed.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and
unanimously carried to approve the Security Agreement and the Amendment No. 1
to Agreement Establishing Slope Displacement Warranty Program with Glenfed
Development Corporation and Glendale Federal Savings and Loan Association, and to
authorize the Mayor and City Clerk to sign the agreements on behalf of the City.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. 1987-88 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM - APPROVAL OF 13TH YEAR CONTRACT 600.50 <—
Written Communications:
Report dated January 5, 1988, from the Director of Community Planning and
Development, forwarding an operating agreement with the County of Orange for use
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1/5/88
a a
of Housing and Community Development Block Grant funds for Year 13, Fiscal Year
1987-88, for the rehabilitaLiun-of private properties (mobile homes) in the amount of
$80,000.
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman Friess and
unanimously carried to approve the 13th Year Operating Agreement, Contract No.
C40526, "San Juan Capistrano - Rehabilitation of Private Properties (Mobile Homes)
M12.4" with the County of Orange. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City.
2. DETERMINATION OF GENERAL PLAN CONSISTENCY -
Written Communications:
Report dated January 5, 1988, from the Director of Community Planning and
Development, advising that the County of Orange wished to conduct solid waste
assessment tests on the former Forster Canyon Sanitary Landfill site, located in the
northern third of the Forster Canyon Planned Community. The testing will consist
of construction of ground water monitoring wells near the landfill perimeter, boring
holes and installation of gas monitoring systems at intervals around the landfill
perimeter, and air quality testing along the surface of the landfill. The testing
program is part of the general requirements the County must complete in order to
get certification of closure by applicable State agencies. The report advised that
staff had found the project consistent with specific General Plan and Policy Plan
policies related to air quality management and protection of ground water resources
and recommended that Council make a determinationof consistency.
General Plan Consistency:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to find that the Solid Waste Assessment Test program to be
conducted on the Forster Canyon Sanitary Landfill is consistent with provisions of
the City's General Plan.
DIRECTOR OF PUBLIC WORKS
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - EST
Written Communications:
Report dated January 5, 1988, from the Director of Public Works, forwarding a
recommendation to establish a 35 mile -per -hour speed limit on La Novia Avenue
from San Juan Creek Road to 1,000 feet southeast of Paseo Azalea and on Highland
Drive from Rancho Viejo Road to Hillside Terrace. An Engineering and Traffic
Survey was conducted and the report set forth the results.
The City Traffic Engineer made an oral report.
Approval of Speed Limits - La Novia and Highland Drive:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
1/5/88
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0 0
January 5, 1988
Stephen B. Julian, City Manager
Thomas G. Merrell, Director
Community Planning and Development
Housing & Community Development Block Grant Program -
Approval of 13th Year Contract
A. Summary and Recommendation - The City has been allocated $80,000 in Housing and
Community Development Block Grant (HCDBG) funds for the Year 13, FY 1987-88.
These funds will be used to provide grants for rehabilitation of qualifying mobile
homes. It is recommended that the attached contract with the County for the use of
these funds be approved by the City Council.
B. Background - The CDBG program provides Federal funds for improvements to
housing and public facilities which are of benefit to low- and moderate -income
persons. The 1974 Housing and Community Development Act authorizes cities under
50,000 population, such as San Juan Capistrano, to receive funding through the
County HCD program.
In 1987, the County Board of Supervisors approved funding for the City's 1987-88
Year 13 program as follows:
M12.4 Rehabilitation of Private Properties
(Mobile Homes): $80,000
Mobile Home Rehabilitation Program for
low- and moderate -income residents of
the seven mobile home parks in the City
In order for the City to utilize these funds, an operating agreement must be entered
into between the County of Orange and the City of San Juan Capistrano. The
agreement outlines the amount of funds, the use of funds, who may qualify, and
compliance with employment and labor regulations, non-discrimination, and other
similar provisions. The City has entered into these agreements for the past twelve
years.
Contracts for projects are executed after approval at the Federal level early in the
fiscal year of the project. It is not unusual for the City to receive the contract
several months into the fiscal year of the project. The process was further delayed
this year at both the Federal and County levels.
PUBLIC NOTIFICATION
Public hearings for the 13th Year Application were held in October and November 1986.
Agenda Item -2- January 5, 1988
COMMUNITY REDEVELOPMENT AGENCY
The mobile home parks are not located within the Project Area, and Agency assistance
will not be required.
COMMLSSION/BOARD REVIEW, RECOMMENDATION
The Los Rios Review Committee and the Planning Commission approved the 13th Year
Application.
FINANCIAL CONSIDERATIONS
The City would be reimbursed for expenditures on these projects by the County HCD
Office.
ALTERNATE ACTIONS
1. Approve the 13th Year Operating Agreements for CDBG funds.
2. Approve the 13th Year Operating Agreements for CDBG funds, subject to
modifications.
3. Request additional information from staff.
By motion, authorize the Mayor to execute the 13th Year CDBG Operating Agreements.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
TGM:BDF:dh
Attachments
GBFAI15881