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HomeMy WebLinkAboutORD 79-04 ORDINANCE NO. .. ENTITLED AN ORDINANCE CREATING A REHABILITATION LOAN AGENCY; AUTHO- RIZING SUCH AGENCY TO MAKE LOANS TO CERTAIN PERSONS FOR REHABILITATION OF CERTAIN STRUCTURES; ESTABLISHING A REHABILITATION LOAN FUND; ESTAB- LISHING A LOAN ADVISORY BOARD; ESTAB- LISHING CRITERIA FOR REHABILITATION LOANS; REQUIRING THE PROMULGATION OF ADMINISTRATIVE RULES; REQUIRING THE EXECUTION OF SECURITY INSTRUMENTS; AUTHORIZING THE EXERCISE OF LEGAL REMEDIES UPON DEFAULT; PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The following words and terms when used in this ordinance shall, for the purpose of this ordinance, have the following meanings: A. Project area - an area designated to receive community development block grant funds according to criteria established by the Housing and Community Development Act of 1974 , as amended, and regulations promulgated pursuant thereto. B. Rehabilitation - the restoration of deteriorated structures to minimum housing standards as established by law, including repair, renovation, conversion or remodeling. C. Dwelling unit - a house, apartment, room or group of rooms occupied or intended for occupancy as separate living quarters by a single family, one person living alone, two or more families living together or any other group of persons who share living accommodations. D. Remaining economic life - length of time a structure can reasonably be expected to remain a viable dwelling unit with ordinary maintenance. Section 2 . There is hereby created a rehabilitation loan agency of the City of Beaumont which shall be under the direction of the City Manager or his designee. Section 3. The agency shall make loans to qualified persons for the rehabilitation and financing of dwelling units. Loans may also be made for refinancing existing purchase money mortgages or purchase contracts, deferred payments, grant subsidies, and rehabilitation loans for investor-owned residential property. Section 4 . There is hereby created a rehabilitation loan fund to be funded with community development block grant funds to make loans to owners of dwelling units in project areas who are unable to secure or qualify for funds from conventional sources for the purpose of refinancing or rehabilitation of such property to meet or exceed minimum housing standards established by law. Section 5. A rehabilitation loan shall not be made to improve property which is not located within a project area. Section 6. There is hereby created a loan advisory board to which loan applications shall be submitted for approval. The loan advisory board shall be composed of one member from each of the project areas and five members appointed at large, with an effort being made to include representation from local lending institutions and the real estate and insurance communities as well as state and federal agencies concerned with human re- sources and old age assistance. Members of the loan advisory board shall be appointed by the City Council for two year terms and shall serve without compensation. Section 7. Rehabilitation loans may be made for the following purposes only: A. To remedy violations of the Southern Standard Building Code and the Beaumont Minimum Housing Code. -2- B. General property improvements including shutters, blinds, awnings, fences, patios, outdoor electric lighting, landscaping, light fixtures, smoke detectors, burglar alarms, central air conditioning, built-in kitchen appliances, partial remodeling, and special fixtures necessary for the benefit of elderly or handicapped persons. C. Refinancing of existing indebtedness which relates directly to the property. D. Closing costs. Section 8 . The loan advisory board shall not approve any loan the term of which exceeds seventy-five (75%) percent of the remaining economic life of the property to be improved. The term of any loan shall not exceed the following schedule: Remaining Economic Life Maximum Term 30 years or more 20 years 26 - 29 years 19 years 20 - 25 years 15 years 15 - 19 years 11 years No loan shall be approved if the remaining economic life of the property to be improved is less than fifteen (15) years. Section 9 . The loan advisory board shall promulgate reasonable rules and regulations governing the administration of the rehabilitation loan program created herein, complete and current copies of which shall be maintained on file in the office of the City Clerk. Section 10 . Rehabilitation loans shall be evidenced by a promis- sory note in favor of the City of Beaumont and secured by a mechanic' s and materialmen' s lien or a deed of trust, which- ever is applicable. Section 11. The City shall have the authority to collect delinquent -3- loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the City Manager. Section 12 . If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of _ � � 1979 , Mayor - -4-