HomeMy WebLinkAboutCC Res 3559 1986-01-13
RESOLUTION NUMBER ~.sq
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, ADOPTING A HOUSING AND
COMMUNITY DEVELOPMENT CONTRACT (KI3.2) WITH THE
COUNTY OF ORANGE IN APPLYING FOR REHABILITATION
OF PRIVATE PROPERTY FUNDS UNDER THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
I
WHEREAS, the City previously entered into a Cooperation Agreement
with the County of Orange 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 described as Rehabilitation of Private
Properties (KI3.2) (RE: Home Improvement Program); and
WHEREAS, the County has entered into a separate agreement dated
July 24, 1984 with the U. S. Department of Housing and
Urban Development to fund said project under the Housing
and Community Development Act of 1974 (Public Law 93-383);
and
WHEREAS, the contract attached hereto as Exhibit "A" further defines
the responsibilities of the two parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Seal Beach does hereby approve the contract attached hereto as
Exhibit "A" and authorizes the Mayor to enter into the contract
on behalf of the City.
PASSED, APPROVED and ADOPTED by the City coun5!~~f the ity)
Seal Beach at a meeting th reof held on the ~rg' day 0 I.
1986, by the following vot : '
AYES: Councilmembe
I
NOES: Councilmembers
ABSENT: Councilmembers
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that theMlore oing Resolution is the original
copy of Resolution Number 361 on file in the office of the City
Cl , ssed, approved an a 0 ted by the City counci:~~ the City
of Sea Beach at a regular meeting thereof held on the ~ day
of , 986.
2
3 19 .
-
I:
6
7
8
9
10
,
,
11
12
13
14
15
16
117
18
19
20
21
22
23
24
25
216
27
Resolution Number ~~~
Contract NO. C4U~/U
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMEN'l' AGENCY
ROUSING AND COMMUNITY DBVELOPMBN'l' CON'l'RACT
1 TITLE OF PROJBCTI Seal Beach - Rehabilitation of Private properties (K13.2)
MI!:MORANDlIM OF CON'l'RACT entered into this
day of
,
BY AND BB'l'WEEN
CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to as CI'l'Y.
and
COUNTY OF ORANGE, a political subdivision of the
state of California and recognized Urban County
under the Federal Rousing 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 CI'l'Y has submitted to the COUNTY an application for funding of
a project hereinafter described, and
WHEREAS, the COUNTY has entered into separate agreement dated July 3D, 1985,
with the O.S. Department of Housing and Orban Development (hereinafter designated as
BUD) to fund said project under the Housing and Community Development Act of 1974
(Public Law 93-383), as amended (hereinafter referred to as AC'1'l.
WBEREAS, the COUN'1'Y has established a Home Improvement Program and has
entered into individual agreements to administer said program with BOD, California
State Department of Housing and COmmunity Development and a local lending
institution(s), and
WHEREAS, the CI'l'Y has requested 000N'1'Y to implement the CI'l'Y's Housing and
.
COmmunity Development Project entitled Housing Rehabilitation and funded from Block
Grant funds (K13.2) for ($30,000.00).
1
RON, 'l'BBREPORE, IT IS Mll'l'lJALLY AGREED by and between the parties that the
12 following provisions listed as well as all applicable Federal, State and County laws
3 and regulations inCluding the attached SPECIAL PROVISIONS, identified as Bxhibit
4 -A-, and Exhibits -B- and -C., are'part of this Contract.
5
1. 'l'be COUN'1'Y will administer CITY Community Development Block Grant
6 Rehabilitation funds to implement the Housing Rehabilitation project described
7 herein as project, which will provide low-interest loans, deferred payment loans,
10
11
12
13
14
15
16
17
Resolution flumber 35"$lj
8 grants or rebates for home improvement of privately owned properties in the CITY's
9 target area and spot housing rehabilitation within the CITY's boundaries (see
10 attached map Exhibit -B-), in accordance with the COtlN'l'Y's Rome Improvement Program
11 (see Exhibit -C- of this Contract) as approved and amended from tilQe to tilQe by the
12 SOard of Supervisors. All rehabilitation of single family residential units will
13 benefit low- and moderate-income families and rehabilitation of multi-family
14 residential units will principally benefit (minimally 51') low- and moderate-income
15 families.
16 2. 'l'he total project funds available for loans, grants and rebates and
17 administrative costs hereinafter provided for in Section 5 of this COntract will not
18 exceed Thirty Thousand Dcllars and no/1DD ($30,000.00).
I
19
3. 'l'he CITY agrees to advertise the program and to provide outreach efforts to
20 prospective clients on an ongoing basis to promote loans, grants and rebates from
21
22
23
24
25
26
27
available project funds.
It is agreed by all parties that the project shall be
completed and all funds provided through this COntract shall be expended on eligible
project activities prior to December 31, 1986.
'rtIe date for project completion and
expenditure of all funds may be extended by the Director of the Orange County
Environmental Management Agency or his designee through written notification to the
CITY.
space to the COUN'1'Y, as nel
4. 'l'he CITY agrees to provide appropriate office
1 for the project, including use of a desk and a telephone.
2 5. The CITY agrees to pay up to 20' administrative charges from project funds
3 identified in Section 2 of this Contract. When the project is completed, any remaining
4 unexpended administrative funds, not to exceed 20' of the total project funding amount,
5 will be allocated to the Countywide Rehabilitation Administration acccunt.
6. Whenever available and feasible, funds may also be used to administer
6
7
the CITY's BUD 312 Program. other funding sources once approved by the SOard of
8 Superv:l.sors for the Rome Improvement Program may be added to this agreement by mutual
9 consent of the Director of COON'!'Y's Environmental Management Agency and the CITY.
7. All program income pursuant to 24 CPR 57D.5D6(c) which may be derived
from funding through this contract will be allocated to and will be used to further
the Countywide Rehabilitation Program.
8. Reither COlJN'l'Y nor any officer nor employee thereof shall be responsible
for any damage or liability occurring by reason of any action or omission of CITY or
its agents, associates, contractors, subcontractors, materialmen, laborers, or any
other persons, firms, or corporations furniShing or supplying work service,
materials, or supplies in ccnnection with CITY'S performance of this Contract and
I
18
19
20
21
22
23
124
25
26
27
7
8
11:
11
12
13
14
15
16
17
18
19
20
I
Resolution Number ~~~
from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a
consequence of, CITY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to CITY under this Contract. It is also
understood ana agreed that, pursuant to California Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUN'1'Y harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8)
occurring by reason of any action or omission of CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under this Contract. CI'l'Y
shall act in sn independent capacity and not as officers, employees or agents of
1 COtM'f .
2 9. Neither CITY nor any officer nor employee thereof shall be responsible
3 for any damage or liability occurring by reason of any action or omission of COUNTY,
4 its agents, associates, contractors, subcontractors, materialmen, laborers, or any
5 other persons, firms, or corporations furniShing or supplying work, service,
6 materials, or supplies in connection with COON'l'Y's performance of this Contract and
from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a consequence
of COUNTY's performance of this Contract, under or in connection with any work,
authority or juriSdiction delegated to COUN'1'Y under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4, COUNTY
shall fully indemnify, defend and hold CITY harmless from any liability imposed for
injury (as defined by California Government Code Section 810.8), occurring by reason of
any action or omission of COUNTY under or in connection with any work, authority or
juriSdiction delegated to COUN'1'Y under this Contract. 00UN'1'Y shall act in an
independent capacity and not as officers, employees or agents of CITY.
10. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold funds and/or terminate this Contract and allocate
funds previously assigned to this Contract to another eligible project(s) within the
Orban County.
Resolution ;Iumber ~S5'l
Contract No. C4027D
1
IN WI'l'HESS MREREOF, CITY has caused this Contract to be executed by its
2 Mayor and attested by its Clerk, COONTY has caused this Contract to be executed by
3 the Chairman of the Board of Supervisors and certified by Clerk of the Board, all
4 having been duly authorized by the City Council of CITY and the Orange County Board III
5 of Supervisors.
6
7
8 ~
Datedl:~k)on-#JJ JJ 19~
9 I
10
11
12
13
14 Dated I
15
16
SIGNED AND CER'l'IFIED '!'BAT A COPY OF
17 '!'BIS DOCllMBN'1' HAS BEEN DELIVERED '1'0
'rIlE CHAIRMAN OF 'rIlE BOARD.
18
19
LINDA D. ROBER'l'S
20 Clerk of the Board of Supervisors
21 of Orange County, California
22 APPROVED AS '1'0 FORNI
ADRIAN KUYPER, COUN'1'Y COUNSEL
23 ORANGE COUNTY, CALIFORNIA
CITY OF SEAL BEACH
By
'ls" ~ ,~ ~t::.-.,......
Mayor
COllN'J.'Y Of' ORANGE, a political subdivision
of the State of California
By
Chairman of the Board of Supervisors
COUN'l'Y
I
24 ....... .~
By /' 'f
~
25 ./
R/CD
26
?:1 UhmaDSB-3.1
28 11/06/85
I
7
8
9
10
11
12
13
14
15
16
17
18
19
-20
21
22
23
24 any subcontractor where it has notice or knowledge that the latter has been found in
25 violation of regulations under 24 Cl"R US. 'l'he parties to this contract certify and
216 agree that they are under no contractual or other disability which would prevent
'r1 them frQII complying with these require_nts. (Source I 'l'itle 24 Cl"R 135 revised
28 April 1, 1984.)
1 B. Bqual BmP10YMnt Opportunity
In carrying out the progr.., the CI'l'Y sball not discriainate against any
elllployee or applicant for elllplor-nt because of race, color, religion, sex or
l\31:1onal origin. 'l'be CI'l'Y shall take affirmative action to enaure that applicants
for elllploy.ent are 8IIIployed and that employees are treated during 8IIIployment,
':iitho.")Qt reg.rd to their race, color, religion, sex or IIIltional origin. Such action
lIhal! include, but not be lillited to, the following: elllploylllt!Dt, upgr~ing,
c!ellOtion or transfer, recruitment advertising, layoff or termination, rates of pay
....
i
4
5
S
'1
8
Resolution Number .;35"59
Exhibit -A- to comr.rlr/CI'1'lr COntract
SPBCIAL PROI7ISIORS
1
2
3
4
A. Section 3 - ColIIpliance with the Provision of '1'raininq bw\toYlllent and
Business Opportunity
'!'be CI'l'Y shall cause or require to be inserted in full in all contracts
and subcontracte for work financed in whole or part with federal financial
assistance provided under this Contract, the Section 3 clause set forth in 24 CPR
135.20 (b). '!'be CI'l'Y will provide such copies of 24 Cl"R Part 135, as may be
necessary for the information of parties to contracte 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 local government or _tropolitan area (or non_tropolitan 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 _ unit of
local government or metropolitan area (or non-metropolitan county), in which the
project is located.
'!'be parties to this contract will comply with the provisions of said
Section 3, and the regulations issued pursuant thereto by the Secretary of Rousing
and Urban Development set forth in 24 Cl"R 135, and all applicable rules and orders
of the Department issued thereunder prior to the execution of this contract. Thee
CCN'l'BAC'l'OR 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 Developaent, 24 Cl"R 135. '!'be CCN'l'RACTOR will not subcontract with
r
..
Resolution Number ~~~
9 OJ: other fOr1ll, CClIIIP8nsationr and selection for training, including apprenticeship.
to '1'lIe (:I'l'Y shall post in conspicuous places, avsilable to elllployees and applicants for
11 employment, notices to be provided by the COOII'1"Y settinq forth the provisions of
\2 this nondiscriaination clause. 'l'he CrrY shall, in all IIOlicitations or
13 adverti_nts for ellployees placed by or on behalf of the CITY, state that all
14 qualified applicants will receive consideration for ellployment without r89ard to
15 race, color, religion, sex or national origin. 'I'he CI'l'Y shall incorporate the
16 foregoing require.nts of this paragraph in all of its contracts for program work
17 and will require all of its contractors for slK:h work to incorporate such
18 requirements in all subContracts for progra. work. Such contracts shall be subject
19 to BOD Equal Employment OppOrtunity regulation 24 CPR Par~ 130 as applicable to BUD
20 assisted construction contracts.
~1 '!'he CI'l'Y shall cause or require to be inaerted in full in any non-exempt
22 =otnct and subcontract for construction work or ~ification thereof, as defined
23 in ssid regulations which is paid for in whole or in part with assistance under the
24 COntract, the following equal opportunity clause:
,.5 -Durinq the perforll8llCe of this contract, the contractor agrees as
I,
26
'Z1
28
follows I
1. The contractor will not discr1lllinate against any ellployee or
I
applicant for employment because of race, color, religion, sex or national origin.
1 '!'he contractor will take affirmative action to ensure that applicant. are employed
2 and that elllployees are treated during employment, without regard to their race,
3 color, religion, sex, or national origin. SlK:h action .hall include, but not be
4 lillited to, the followingl Employment, lIpgradinq, demotion or transfer, recruitment
5 advertisinq, layoff or termination, rates of payor other forms of campen.ation and
6 selection for training, including apprenticeship. '!'he contractor agrees to post in
7 conspicuous places, available to elllployees and applicants for elllployment, notices to
8 be provided by the CI'l'Y setting forth the provisions of this nondiscrimination
9 clause.
10
11
12
13
14
2. The contractor will, in all solicitations or adverti.ements for
employees placed by or on behalf of the contractor state that all qualified I
applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin.
3. The contractor will send to each labor union or representative of
15 workers with which he has a collective bargaining agree.nt or other contract or
16 understanding, a notice advising the said labor union or worker's representatives of
17 the contractor's cammitment under' Section 202 of Executive Order 11246 of
18 September 24, 1965, and shall post copies of the notice in conspicuous places
19 available to employees and applicants for employment.
20
21
22
23
24
25
16
407
10
.1
12
13
14
15
16
17
18
19
20
21
~
Resolution Number ~~~~
4. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965 and of the rules, regulation. and relevant orders of the
Secretary of Labor.
28
5. '!'he contractor will furnish all information and reports required by
Bxecutive Order 11246 of September 24, 1965 and by the rules, regulations and order
of the Secretary of Labor or pursuant thereto and will per.it access to his books,
records and accounts by the Departaent and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor'. noncompliance with the
1
2
3
4
5
6
7
8
:>
nondiscriuination clauses of this contract or with any of such rules, regulations or
Qrders, this contract aay be canceled, ter.inated or suspended in whole or in part
and the contractor My be declared ineligible for further Governaent contracts or
federally assisted construction contract in accordance with procedure. authorized in
Bxecutive Order 11246 of September 24, 1'65, or by rules, regulations or order of
the Secretary of Labor or as otherwise provided by law.
7. 'l'he contractor will include the portion of the sentence iRDediately
i'receding paragraph (1) beginning with the words .During the performance of.... and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order
~less exe~ted by rules, regulations or orders of the Secretary of Labor issued
p.Irsuant to Section 204 of the Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. 'l'he contractor
Ifill take such action with respect to any subcontract or purchase order as the
Departaent aay direct as a .ans of enforcing such provisions, including sanctions
for DODCOIIpliance, provided, bowever, that in the event a contractor becoIIes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Departllent the contractor aay request the United
States to enter into such litigation to protect the interest of the united States.
'I'he CI'l'Y further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates
in federally assillted construction work. 'I'he above equal opportunity clause is not
~liCable to any agency, instrumentality or subdivision of such CI'l'Y which does not
participate in work on or under the contract.
24 '!'he CI'l'Y agrees that it will assist and cooperate actively with
25 eou.,.t. BDD and the Secretary of Labor in obtaining the COIIIpUance of contractors
216 and subcontractors with the equal opportunity clause and the rules, regulations and
27 relevant orders of the Secretary of Labor, that it will furnish the COUNTY, BUD and
28 the Secretary of Labor such information as they .ay require for the supervisions of
Resolution Number~
1 such ~liance, and that it will Qtherwise assist the above parties in the
2 discharge Qf its primary responsibility fQr securing ~liance.
3 '!'he CI'l'Y further agrees that it will refrain from entering into any
4 contract lOr contract .xJif1cation subject to Executive Order 11246 Qf September 24,
5 19&5, with a contractor debarred from lOr who has not demonstrated e~igibili ty for,
6 Governaent contracts and federally assisted constructiQn contracts pursuant to the
7 executive Qrder and will carry out such sanctions and penalties for violation of
8 equal opportunity clause as may be imposed upon contractors and subcontractQrs by
9 BDD lOr the Secretary of Labor pursuant to Part II, Subpart B Qf the Executive Order.
10 In additiQn, the CI'l'Y agrees that if it fails lOr refuses to comply with these
11 undertakings, the COUNTY may take any or all Qf the fQllowing actionsl Cancel,
12 terminate lOr suspend in whole or in part the grant or loan guarantee, refrain from
13 extending any further assistance to the CI'l'Y under the program wi~ respect to which
14 the failure or refusal occurred until satisfactory assurance of future compliance
15 has been received from such CClN'J.'RACTOR. (Source I BlCD Funding Agreement '4 and
16 Executive Order 11246, Part II, Subpart B, Section 202, Title 24 CPR 130, revised
17 April 1, 1984.)
18 C. Federal Labor Standards
19 Except with resp,ect to the rehabilitation of residential property
20 designed for residential use for less than eight families, the CI'l'Y and all
21 contractors engaged under contracts in excess of $2,000.00 ('hO '1'hQusand Dollars and
22 no/1DO) for the constructiQn, prosecution, completion or repair of any building or
23 work financed in whole or in part with assistance provided under this contract,
24 shall comply with BUD requirements pertaining to such contracts and the applicable
25 requirements of the regulations of the Department of Labor under 29 CPR Parts 3
26 (Copeland Act), 5, and Sa (Davis-Bacon Act), governing the payment Qf wages and the
27 ratiQ Qf apprentices and trainees to journeyman: Provided, that if wage rates
28 higher than those required under such regulations are imposed by state or local law,
I.
I
!
i
I,
I
I
1
2
3
4
5
mthlng hereunder is intllllded to relieve the CI'i'Y Qf its obligation, if any, to
!equite payment Qf the higher rates. 2he CI'l'Y shall cause lOr require to be inserted
in full, in all such contracts subject to such regulations, provil1ons aeeting the
r~ir...nts Qf 29 CPR 5.5 and fQr such contracts in excess Qf $10,000, 29 CPR 5.
i'tMI "Pedll!ral Labor Standards Provisions- (BDD 4010) are llade part Qf this contract.
: r
.
I
"
<)
ao award Qf the contracts covered under this section of the contract
'/
8
9
~11 be made tQ any contractor who is at the time ineligible under the provisions
of any appliCable regulations Qf the DepartlDent Qf Labor to receive an award of such
contract. (Source I BlCD Funding Agreement '7)
10
11
12
13
14
15
I
17
18
19
20
21
22
23
24
25
216
27
11
2
3
4
5
6
7
8
9
10
11
I:
14
15
16
17
18
Resolution Number ~~
All documents .utaitted by the CI'l'Y to the CIOUII'l'Y which are required for
compliance with the Pederal Labor Stand.rds, .h.ll be certified .s being true,
accurate, and complete b.r the City Bngineer or the Director of Public Works.
(Source: Orange County BlCD)
D. lion-Discrimination
The CI'l'Y in an activity directly or indirectly financed under this
contr.ct, sh.ll ca.ply Withl
1. 'litle VI of the Civil 1l1ghts Act of 1964 (Pub. L. 88-352), .nd the
regul.tions is.aed pur.uant thereto (24 Cl'R Part 1), which provides th.t no person
in the United States .hall on the grounds of r.ce, color, or national origin, be
exe1o"ed fi:CII participation in, be denied the benefits of, or be otherwise .ubjected
!:o <!iscdaination under any program or activity for which the applic.nt receives
Peder.l financi.l ...ist.nce .nd will t..edi.tely take any ....ure. necess.ry to
effectuate this ...ur.nce. If any re.l property or .tructure thereon i. provided or
tBproved with the aid of Feder.l financi.l ...istance extended to the .pplic.nt,
tbill a..ur.nce .hall oblig.te the applic.nt, or in the case of any transfer of .uch
property, any transferee, for the period during which the re.l property or .tructure
i. lIIIed for a purpo.e for which the Feder.l financi.l usi.tance is extended, or for
another purpose involving the provision of siail.r .ervice. or benefits.
2. 'litle VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), .s
...nded, administering .11 programs .nd activities rel.ting to hou.ing .nd community
development in . aanner to .ffirmatively further f.ir housing! and will take action
to .ffirmatively further fair housing in the s.le or rent.l of housing, the
financing of housing, and the provision of broker.ge .ervices.
3. Section 109 of the Rousing and C-unity Development Act of 1974,
and the regulations is.ued pursu.nt thereto (24 Cl'R P.rt 570.602), which provides
that no person in the United St.tes .hall on the grounds of r.ce, color, national
origin, or BeX, be excluded frCIII participation in, be denied the benefits of, or be
subjected to discrimination under, any program or .ctivity funded in whole or in
part with funds provided under this P.rt.
4. Bxecutive Order 11063 on equal opportunity in housing .nd
nondiscrimin.tion in the ..le or rent.l of hou.ing built with Federal .ssist.nce.
(Source I 'litle 24 Cl'R P.rt 570.601, revi.ed April 1, 1984)
B. Acces.ibility!Os.bility of F.cilities and Buildings for Physic.lly
S.ndicapped
'!'he CI'l'Y in any .ctivity directly or indirectly financed under this
contract shall require every building or f.cility (other than . priv.tely owned
Resolution Number .:J.5"SlJ
19 residential structure) designed, constructed, or altered with funds provided under
20 this Part to comply with the -American Standard Specifications for Making Buildings
21 and Facilities Accessible to, and Usable by, the Physically Handicapped,- Number A-
22 117.1-R 1971, subject to the exceptions contained in 41 CFR 101-19.604. The CI'l'Y
23
will be responsible for conducting inspections to insure compliance with these
24
specifications by any contractor or subcontractor. (Source I 24 CFR Part
25
570.202(K), revised April 1, 1984)
216 F. Relocation
'J:1
1. '!'be CI'l'Y in any activity directly or indirectly financed under this'
28 contract shall I
1 a. to the greatest extent practicable under State law, comply with
2 SectiOll8 301 and 302 of 'l'itle In (uniform Real Property Acquisition Policy) of the
3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
4 will co.ply with Sections 303 and 304 of Title In, and BOD illpl_nting
5 iDlluuctiona at 24 en Part u, and
6 b. Inform affected persona of their rights and of the acquisition
7 policies and procedures set forth in the regulations at 24 en Part 42 and 570.606
8 revised April 1, 1984)
9 2. '!'be CI'1'Y shall also:
10 a. Comply with Title n (Uniform Relocation Assistance) of the
11 l1niforll Relocation Assistance and Real Property Acquisition Policies Act of 19'70 and
12 BUD illpl_nting regulations at 24 en Part U and 570.606,
131 b. Provide relocation payilents and offer relocation assistance as
14 described in Section 205 of the uniform Relocation Assistance Act to all persons
15 displaCed as a result of acquisition of real property for an activity assisted under
16 the Ccalunity Developaent BlOCk Grant Program. Such payments and assistance shall
17 be provided in a fair and CODIIistent and equitable _er that iDllures that the
18 relocation process does not result in different or separate treatment of such
19 persons on account of race, color, religion, Dllticnal origin, sex, or source of
20 inca.e,
21 3. Assure that, within a reasonable period of tiae prior to
22 d18placeaent, comparable decent, safe and sanitary replacement dwllings will be
23 available to all displaced ruilies and individuals and that the range of choices
24 available to such persons will not vary on account of their race, color, religion,
25 national origin, aex, or source of illCCllM, and
216 4. Inform affected persons of the relocation assistance, policies and
27 procedures set forth in the regulatiOll8 at 24 en Part 42 and 570.606. (Source:
28 'l'itle 24 en Part 570.606, revised April 1, 1984)
I
,
I
I
~ conatruction or rehabilitation of residential structures with
..sistance provided under this COntract is subject to the BOD Lead-Base Paint
regulations, 24 CFR Part 35. Any grants or loans llede by the CI'l'Y or work performed
by the CrrY for the rehabilitation of residential structures with assistance
provided under this COntract shall be llede subject to the provisions for the
elimination of lead-base paint hazards under subpart C of Hid regulations and the
8 CIft shall be responsible for the inspections and certifications required under
9 Section 35.24 thereof. (Source I BlCD FUnding Agreement '5 and 24 CFR Part 35 and
10 570.608 revised April 1, 1984)
11 S. Flood Disaster
12 '!'his COntract is subject to the requireaents of the Flood Disaster
13 Protection Act of 1973 (P.L. 93-234). Ro portion of the assistance provided under
14 this COntract is approved for acquisition or construction purposes as defined under
15 Section 3(a) of said Act, for use in an area identified by the Secretary as having
16 special flood hazards, which is located in a caeaunity not then in compliance with
17 the requirements for participation in the national flood insurance program pursuant
18 to Section 2011d) of Said Act, and the use of any assistance provided under this
~9 Contract for such acquisition or construction in such identified areas in
20 _unities then participating in the national flood insurance program shall be
21 subject to the mandatory purchase of flood insurance requirements of Section 102(a)
22 of said Act.
23 Any COntract or Agreement for the sale, lease or other transfer of land
24 acquired, cleared, or i~royed with assistance provided under this Contract shall
25 contain, if such land is located in an area identified by the Secretary as having
26 special flood hazards and in which the sale of flood insurance has been made
27 available under the Rational Flood Insurance Act of 1968, as amended, 42 O.S.C. 4001
28
1
2
I
"
5
6
7
8
9
10
16
Resolution Number '~~~~
1
2
3
4
5
G. Lead-Based Paint Sazards
et seq., provisions Obligating the transferree and its successors or assignees to
obtain and maintain, during the ownership of such land, such flood insurance as
re;uired with respect to financial ..sistance for -=quisition or construction
purposes under Section lD2(a) of the Flood Dis..ter Protection Ac~ of 1973. Such
provisions shall be required notwithstanding the fact that the construction on such
land is not itself funded with ..sistance provided under this Contract. (Source:
BlCD Punding Agi_nt 13)
~ CITY ahall co.ply with the provisions of Executive Order 11296,
relating to evaluation of flood hazards and Executive Order 11288 relating to the
prevention, control, and abatement of water pollution. (Source I Title 24 CPR
570.605 revised April 1, 1984)
Resolution Number .:I!iS9
11 I. CoIDPliance with Air and Water Acts
12 'l'be CI'l'Y shall cause or require to be inserted ill full ill all non-exempt
13 contracts or subcontracts for work furnisbed in whole or in part by the grant
14 contracts, the following requireaents (provided tJlat contracts, subcontracts and
15 subloans not exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are
16 exeapt frOll this partl
17 Tbis COntract is Subj.ct to the requiremMu of the Clean Air Act, as
18 amended C2 tlSC 1857 et seq., the Federal Water Pollution COntrol Act, as amended 33
19 asc 1251 et seq., and the r89\l1aUons of the Bnvironmental Protection Agency with
20 respect thereto, at CO cr. Part 15, as amended frCID tiae to tiM.
21 In cc:.pliance with said re9Ulationa, the CI'l'Y .hall cause or require to
22 be inserted in full in all contractll and subcontracts dealing with any non-exempt
23 transaction thereunder funded with assistance provided under this contract, the
24 fOllowing requirements I
25 1. A stipulation by the contractor or .ubcontracton that any facility
216 to be utilized in the perfoJ:lBllnce of any non-ellellpt contract or subcontract is not
27 listed on tbe list of Violating Facilities issued by the Bnvironmental Protection
28 ency (DA) pursuant to CD CPR 15.20.
1 2. Agr_nt by the contractor that be will COIIply with all the
2 requirementll of Section llC of th~ Clean Air Act, as _nded (C2 tlSC lB57c-8) and
3 Section 308 of the Federal Water Pollution Control Act, as aaended (33 asc 1318)
4 relating to inspection, lIQIIitoring, entry, reports and infoJ:lBlltion, as well as all
5 other requirements specified in said Section llC and Section 308, and all
6 regulations and guidelines issued thereunder.
7 3. A stipulation that as a condition for the award of the contract
8 pr~t notice will be given of any notification received frOll the Director of the
9 DA, Office of Federal Activities or any agent of the office, that a facility
10 utilized or to be utilized for the contract is under consideration to be listed on
11 the DA list of Violating Facilities.
12 C. An Agree_nt by the contractor ~t he will include or cause to be
13 included the criteria and requirements in paragraph (1) through (C) of this section
14 in every non-exempt subcontract and requiring that the contractor Jtill take such
15 action as the Government may direct as a .ans of enforcing sucb provisions.
16 In no event sball any amount of the assistance provided under tbis
17 contract be utilized with respect to a facility whicb bas given rise to a conviction
18 under Section 113 (c) (1) of the Clean Air Act or Section 309(c) of the Federal Water
19 Pollution COntrol Act. (~ourcel BlCD Funding Agr_nt 16)
I
I
I
Resolution Number ~~
20 J. Management ColIIpliance
21 ~ CiTY in any activity directly or indirectly financed under this
22 contract shall comply with regulations, policies, guidelines and requirements of OMS
23 Circular 110. A-ID2, Revised, Md Federal Manage.ent Circular 74-41 coat principles
24 applicable to grants and contracts with State and local governments, and Federal
25 Management Circular 74-71 Uniform Administrative Require.ents for grant-in-aid to
1<: I State and local governments a. they relate to the application, administration,
xeptance and 11ft of Pederlll fund. under thi8 Part. (Source I 'l'itle 24 CPR Part
20, 570.200(4) revised April 1, 1984)
1 It. ClbliqaUons of COntractor with Respect to Certain '!'bird Party
2 "laUOIUIhillS
3 2'be CJ'1'1' ahall r...in fully ~lilJ8ted under the proviaiona of this
4 contract notwithstanding its designaUon of any thhd party or parties for the
5 undertaking of any part of tile progru with reapect to which asai.tance 11 being
6 provided under thi. contract to the CI'l'Y. Such third party or partie. .hall camply
7 with all ~wful rtiquir_nts of the CI'l'Y nece..ary to insure that the progru with
8 re.pect to which a..istance 11 being provided llllder thi. contract to the CI'l'Y is
9 carded out in accordance with tile CI'l'Y'. a..urance. and certifications, including
I tho.. with respect to the a"UlllPtion of el\viroraental relpOllllibilities of the CI'l'Y
...1 under SecUon 104(h) of the ROUSing and ec-unity Develop.ent Act of 1974. (Source I
12 BlCD Funding Agr_nt .9)
13 L. Interest of Certain Federal Officials
14 110 .lIber of Delegate to the Congre.s of tIM! united States and no
15 Resident CcllIaissioner, .ball be admitted to lIIIY .bare or part of this contract or to
16 any benefit to ari.. fr~ the..... (Source: BlCD Fundil\9 Agr_nt 110)
17 M. Intere.t of llellben, Officers or -lcwees of CI'l'Y. llelllbers of Local
18 Governinq Body or Other Public Officials
19 110 .lIIber, officer or elllployee of the COUIl'1'Y or CI'l'Y or its designees or
20 lIgents, no ~er of the governing body of the locali ty in which the program is
21 situated and no other public official of .uch locality or localities who exercise
any functions or relpOft8ibilitie. with re.pect to the progru duril\9 hi. tenllre or
for one r-ar thereafter, .hall have any interellt, direct or indirect, in any
24 contract, aubcontract or the proceedS thereof, for work to be perforlled in
25 CODMCt1on with t:!Ie ~ll9ru ..si.ted under this contract. 'l'he CI'l'Y .hall
216 incorporate or cause to be incorporated, in all .uch contracts or subcontracts a
27 prov1lion prohibiting .uch intere.t pur.uant to the purpose of this nction.
28 (Source: BlCD Funding Agree.nt Ill, 'l'itle 24 CPR 570.611 and 570.458 (141 (I"
1 \ reviled April 1, 1984)
I:
Resolution rlumber .;Jar
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
B. Prohibition Against PaYlllents of BOnus or Coaaiasion
'!'he assistance provided under this contract 'hall not be used in the
payment of any bonus or COIIIIission for tbe purpose of Obtaining BUD approval of the
application for such assistance or BOD 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, 1
managerial or other such services, other than actual SOlicitation, are not hereby
prohibited if otherwise eligible as program cost. (Source I B/CD Funding Agreement
tl2)
D. Ratch Act Campliance
The CI'l'Y and CODJI'1'Y Shall COIIIply wi th the provisions of tbe Batch Act
which 11aits the political activity of employees. (Source: Title 24 CPR Part
570.4S8(14)(M) (Xl), reviSed April 1, 1984)
P. Definitions
'l'hroughout these Special Provisions the meaning of words shall be that
_aning given by the act, regulation, Executive Order, Federal Management Circular,
agreement, or rule cited herein as the source for the secHon in which the word
appears. (Source, Orange county COunsel) I
Q. ~ ,
Pederal Management Circular 74-7 has been replaced with Office of
Management and Budget (OMB) A-I02.
11/
24 III
25 III
26 III
27 III
28 III
JM: bjgARCDB5-8
2/21/85
I
Resolution Number O:?~~~
I
BOME IMPROI1BMEN'1' PROGRAM
POLICY IWIUAL
(Revised)
I
CXlON'1'Y OF ORANGE
BNVIROIlMEN'1'AL Ml\NAGEMEN'l' AGENCY
BOUSING/C<MmNITY DE\7BLOPMEN'l' PROGRAM OFFICE
1200 N. Main Street, Suite 600
Santa Ana, California 92701
Approved by the Board of Supervisors
September 18, 198C
I
Resolution llumber ';;SS1J
110MB IMPIlOVBMEIl'1' P~.JI POLICY IIMlJAL
'l'able of COntents !!i! I
General Provisions i
Section 1 LOW IN'l'BRES'1' LCWIS
1.01 Low Interest Loans 1
1.02 Bligibility Requirements 2
1.03 Rental Property 4
1.04 MobilehOlll8 5
1.05 Applicant's IncCllle 5
1.06 PBA Title I Insurance 7
1.07 Eligible Improvements 7
1.08 '1'emporary Relocation Assistance 8
1.09 Processing Low Interest Loans 10
1.10 'l'ruth-In-Lending Requirements 15
Section 2 DEFERRED PAYMEN'l' LewiS
2.01 Deferred Payment Loans 15
2.02 Approval of Deferred Payment Loans 16
2.03 Bligibility Requirements 16
2.04 Applicant's Income 17
2.05 Eligible Improvements and Costs 17
2.06 Temporary Relocation Assistance 19 I
2.07 Processing Deferred Payment Loans 19
Section 3 SPO'1' REHABILITATION LCWIS
3.01 Spot Rehabilitation Loans 20
3.02 processing of Spot Rehabilitation Loans 20
Section 4 REHABILITATION GIIAN'1'S
4.01 Rehabilitation Grants 20
4.02 Processing Rehabilitation Grants 21
Section 5 RBBA'1'E PROGRAM
5.01 General 22
5.02 Applicant Eligibility 22
5.03 Eligible Repairs 22
5.04 WOrkmanship 23
llPPBIlDIX A PBOPBRrY REBABILITA'1'IOIl S'l'ARDfollDS 24
I
Resolution Number ~~~~
. ,
"1'
IDlE IMPIlOYBMBN'1' PIlOGMM
General provision:
I
A. Purpose of Program
!lie IIoIIIe IlIIprOftmen~ Program proVides below ..rket interest raU
loans and grants to rehabilitete reaidential proper~ies throughout
anincorporaUd area. of Orange County, and in particular areas designaUd
by the Rousing and CoIDunity Devel~nt program Office (BlCD) and
approved by the U.S. Depart:llent of Rousing and Urban Development
(BUD). !be primary Objec~ives are to upgrade and pre.erve viable
arban COIIIIUniUes to principally benefit persons of low/mCXIerau
IDCClIle .
B. Di.~ribution of Funds
'1'be rehabilitation and pre.ervation of hou.ing is one of the key
eligible ac~ivities permitted and encouraged by the CllSG Act. The
County Board of Supervisou, in keeping with the intent of the legi.lation,
authorized a significant portion of ita annual CllSG funds to be used
for a Rome IlIIprovemen~ Program. Approved BlCD fund. .hall be
reserved for loan. and grants to low/mderaU 1_ and CJWIlified
applicanta, a. determined by various approved Rehabilitation
Programs.
I
c. Funding Sources
Major funding COllIes frCllll the Rousing and COIInunity DevelopDent Block
Grant Act (CllSG) of 1974, as amended, by the united States Rousing
and Urban Development Department (BUD). Additional funding sources
..y include, but not be limited to, other federal or state programs
as available, plus private funds which may resul~ frCllll leveraging.
When neces.ary, one or more funding sources may be used to cover ~he
en~ire cost of rehabilitating a particular housing unit(s).
D. Applicability of other Federal/State Re!IUlations
While all rehabilitation loans are Subject to the requirements of
this manual, there are special provisions and limitations on the
..king of rehabilitation loans depending on the ~ype of project or
program area. COnsequently, in addition to the provisions of this
Policy Manual, rehabilitation loan. ..de on property under this
program are Subject to the rules and regUlations of the aIlG Act of
1974 as _nded, by BUD, and regulations governing the use of other
state or federal funds which aay becoIle available.
B. Financial Institutions
I
~ recOllllleDdation by BlCD Program Office, the Board of Supervisors
..y approve contracts with one or aore financial in.ti~utions to
process loans/grants for the rehabilitation of .ingle-family and
sul~i-family unita.
F. APPlication Files
!be Coun~y of Orange and the financial Insti~ution. shall aaintein
en application fUe for .ach application it proce..... I'be file
_intained a~ the financial lnsti~ution sball be "pIIrate fr~, and
In addition to, any other file aaintailled by the Coun~y of Orange.
eopie. of the financial Insti~u~ion'. file. sball be aade av.ileble
to the County of Orange, BUD, or appropriate .tete or federal officials,
~ en appropriate request.
G. Authori~y
'!be Director of the Bnvironmental Management Agency (~), 18 re.ponsible
for the County RClIIe IlIIpr~n~ program, BlCD. The Manager of BMA'.
IVCD program Office bas been lSe.ignated by the Director to be responsible
for the RClIIIe IlIIpr_nt program. '!'be Rousing program Section Chief
..y act on behalf of the B/CD Manager If 80 designated.
'1'be above de8igna~ed officiale are authoriaed to execuU docuIIenta
.-ce..ary to effectuaU and further t:be purposes of the programl
such a. property reconveyance, Uen releases, subordination
agreeaen~s, a.sUlllption agreementa and other instrUlll8nt. necessary to
adjust ..curity, all in accordance with the guidelines establi.hed
in this policy lIlIIlual as adopted by the Board of SuperviSOrs.
Resolution Number ~~~~
B. Security Agreements
Subordination A9r.e-.nts, as.Ulllption &gr..menu and other
in. trIDents necess.ry to -.ljuet security can only be .Uowed wbenl
1. 'I'he revi.ed total llIIIOunt of loans encUlllbered does not exceed 80
percent of the value of the property, or
2. MOdified tr.n.action does not threaten the .ecured intere.t of
the County.
3. Approv.l and .uthorb.tion is obtained frail the SlCD llen.ger.
4. MOdified .ecurity agreements will only be .uthoriaed when it is
necessary to 1IIpl_nt the Progru.
I
I. Aaset LlaiUtion.
110 loans or gr.nts .hall be IIede to property owners whose net a.sets
exceed "5,000. ..eluded frOlll the c.lculation of net ....t. .ubject
to this provision, will be the principal pl.ce of residence,
bouaehold ite.. and the value of an ownership intere.t in . _11
bu.ine.s. 'l'his provision does not apply to landlord. applying for
rehabilitation of rental property.
J. CDBG Act of 1974 - Authorization
'1'tIe follOlling section. outline the 9Uideline. and policy procedure.
for the County'. RClII8 IlIprovement Program. Section 570.202 i. the
llpec1fic provision of the CDBG Act of 1974, as _nded, which authoril:es
the County to ..ke CDBG funds av.ilable for bailie illprovelll8nt purpo....
1Ihenever the u.. of funds and/or activity under this progr.m is in
doubt, Section 570.202 shall prev.il.
I
mIS POLICY IIMUAL sun..~ 'l'BB IIOIIB DlPROVBIIBR'l' PIlOGP~ POLICY
IIIlNOAL ARD ALL AIIBliI~ AlII) RlNISIatS PRBVIOlISLY APPIIOVBD BY 'l'BB
BOIIIlD rI SDPBIl'lISORS c-. MAY 10. 1'83.
SlCTIOR 1. LOW IlftBRBS'1' LOQS
section 1.01
LcM Interest Loans
A. llethod
'l'he COUnty makes .vailable low interest loans to qu.lified
applic.nts through the IIOIIe IlIprovement Programs and financi.l
institutions .pproved by the Baud of Bllp8nisor..
B. Approv.l
A reh.bilitation ~n !laY be approved only when the following
conditi0ft8 exi.t,
I
1. An executed Grant Agreement exists between the County of
Or.nge and JItJD under 'I'itle I of the CDBG Act of 1974, as
amended, and
Resolution Number iJssq
2. Bxecuted agree_nt(s) exist between a financial
institution(s) and the County of Orange to provi48
rehabilitation loans to property owners,
or
3. Agreements have been execute/! with other federal and/or
atate agencies to "ke funds available to the County.
C. Rotification of Loan Decision
I
Applicanta will be notified of loan decision by the contracting
financial institution after applications have been accepted and
processed by BlCD. Tbe BlCD office will retain in its files the
copies of notifiC4tion to the applicant of loan decision by the
financial institution. Ro rehabilitation lIOrk is to be
performed prior to this notice by the financial institution and
the Q)unty's Rotice to Proceed. In C4Be of e..rgency health and
..fety conditions or special circwutances the BlCD Manager may
authorize lIOrk to proceed prior to notification frOll the
financial institution.
D. Restrictions on Rumber of Loans
!be nu.ber of low interest or deferred payment rebabilitation
loans which ..y be ..de to any property owner under the ROlle
IIIIprovement Program is one (1) unless waived in writing by the
BlCD Manager. Requests for a waiver of this restriction shall
be ..48 by the loan spplicant, in writing, to the Manager.
l18quest. to the Manager IlUst be aCCOllpanied by the
r8COlllllendat!on of the Rousing Program Section Chief. If a
requut for a waiver of this one (1) loan restriction is denied
by the Manager, loan applicant ..y a~al the decision to the
Director of BW..
I Section 1.02 Bligibility Requirements
A. property BUgibility llequirementa
A rehabilitation loan ..y be ..de to properties located within
target ar.as designated in the Q)unty of orange BlCD Block Grant
application. Under the Spot ~habilitation Progru, loana aay
alao be Nde to low/aOderate inccae persona outside of target
areaa, but within any county unincorporated area or _tractlng
city. The property ~st ....d rehabilitation to ClIllIply with the
Property "habilitation Standards adopted by the Board of
Supervisors, .. uended (Appendix A).
I
B. applicant Bligibility Require-.nts
'1'0 be eligible for a housing rehabilitation low-intereat loan,
the applicant llUat 4emonstrate adequate ability to repay the
loan, be of legal age, and meet the eUgibility guidelines. A
"babilitation loan Ny not be approved by the financial
institution if the ~liC4nt'a recor/! 8hows a disregard for
former credit obligations or if there is an indication of
inability to _ke the required payMDt.
A loan epplicant IlUst be the owner (s) of the property, or the
purchaser of the property under a land ..le. contract or any
similar contractual agreement for the purchase of real property.
An applicant having a lea.. for a fixed term expiring not less
than six calendar lIOIlt.bs after the ..turity of the loan ..y,
with the owner'a con..nt, ~ly for a loan.
c. 1_ L1aita
!be Rousing and ec.aunity Deve~t Act. of 1974, as amended,
require. that progrus principally benefit. per80ns of
low/llO/lerate illCOlle (per IOns ..king 80 percent or les. of the
County's aedian 111C0118 as defined by BUD). In /reeping with the
intent of the legislation to benefit low/lllO/lerate illClllDe per IOns
and preserve and upgrade neighborhoods, the following income
require.enta for participation in the progru are established I
Resolution Number ~~~57
7hree interest rates are offered under the Rome I~rovement
progra.l three (3), six (6). and nine (9) percent.
1. 'l'hree (3) Percent Intere.t Loan
Priority 8ball be given to applicanU wbo8e annual inclllDe is
within the low/mderate i_ 1i11itations preacrlbed by
BUD. filia illCClM 1a aqu19alent to 80 percent of the l18dian
inca18 for the Anaheill-Garden Grove-5anta Ana Standard
Metropolitan Stati.tical Area (SMSA). '!'be aedian illCCllltl for
the SllSA area 18 apdate4! periolSioa1ly by BUD. '!bis income
limitation shall not apply to investor_en participating
in the Rental Rehabilitation Progru. ~ COUnty B/Q)
Program ha. identified by formal application to BUD specific
target area. for concentrated un of Rousing and Coaaunity
DevelopDellt funds. Applicanta. who live within the
designated target area. and who.. i_, are at or below
the.. li.iU are eligible to apply for three (3) percent
loans.
I
Interest rates for Spot Rehabilitation loans made outaide of
an approved target area shall a180 be three (3) percent for
~en who IIHt the 80 percent median income criteria.
For futher detail. ... Section 3.01 on Spot Rehabilitation.
'!'he B/CD Manager aay raiae these income limite by 20 percent
upon staff confirmation of the existence of a health and
safety haaard.
2. six (6) Percent and Bille (9) Percent Interest Loans
In order to provide an incentive to the rehabilitation of
substanl!ard rental unite for the benefit of LflIillCClllle
tenants, six (6) and Bine (t) Percent Interest Loans uy be
aade to qualified rental property owners on the condition
that these owners agree to COIIIply with the requir_nts of
Section 1.03 of thia policy Manual.
I
D. Loan AaDunt
'!'he .axtmum for a loan .ade shall be $45,000.00 for structures
of one to three units. For four or acre units the lIIIXimum loan
shall not exceed $15,000 per unit. A mobilehome rehabilitation
loan may not exceed $10,000 unless waived in writing by the BlCD
Manager.
B. Refinance
As allowed by Section 570.202(c) (2) (11) (B) of the Rousing anI!
Ooanunity Development regulations, refinancing uy be permitted
if it is necessary to COIIIplete the rehabilitation work for
low/lIIOderate illCOlll! applicants. '!'he section reads that block
grant funds aay be uaed for -Refinancing existing indebtel!ness
ncured by a property being rehabilitated if such refinancing is
necessary or appropriate to the eaecution of the C:O-unity
DeveloplNlnt and Housing Plan. - If refinancing is over 20
percent of the clients indebtedness, Rousing Program Section
Chief must obtain Manager's approval.
'1'be loan applicent is subject to the s_ loan limits described
in D abc:IYe. For refinancing delinquent loans see Section 1.09
(13).
I
SeCtion 1.03
IlIM'l'AL PllDPBR'l'Y
"nUl properties may be eligible, at the present tille. llllder three
progr.... '!'be County', IlmIstor-owner progr.., the Section 8
Jb!erate bIIabilitation Program and the Ilenta1 Rehabilitation
.rogr... 1Jn4er the.. progr..., following rehabilitation, t1le
_jority of the MiU 8hall be occupied by lOIf- and aoderate-iDCOllle
per_s at affordable renU. Other prograu .ay beco.e available
tlben approved by the County Board of Supervisou.
Resolution Number ~ti~~
':i
A. CIlunty'. Investor~r Program
I
under tIIis program, rental property unita to be rehabUitated
"Ul be ..de avaibble to lOll/W)derate i~ renters. OWner
~st assure the II/CD office ill writing that 110 d1aplaceMnt of
renters "ill occur and .gree to accept tenants "ith Section 8
rental a.sistance or voucbers. !'he Rouaing Program Section
Chief will ..ke a determination of acceptability of these
efforts. Applicant..y appeal negative fin4inv(s) to the B/CD
llanager. In the event 110 .ubaidy rental assistance is
available, owner IIlIst aoree to keep rents affordable for ...en
(7) years to lower i_ penons or t_U1es (i.e., thoSe
earninv 80 percent or leu of the County's -.dian lnccae as
defined by 1IllD).
B. section 8 ltJderate "habilitation Proaram
OWner lIlIat a180 assure the BlCD office in writinv that no
di8place_nt of renters, will occur, and that units to be
rehabilitated will be ..de available to lOll/moderate illCCllll8
renters. Owner lIlIat agree to accept section 8 Certificates or
vouchers that wi'i1'be provided through tbe County of Orange
Rousing Authority or a aimilar progra.. 'l'be Rousinv Program
Section Chief will ..ke a determination of acceptability of
these efforts. Applicant..y appeal nagative finding (s) to the
R/CD Manager.
c.
Rental Rehabilitation Grant Proaram
'Ibis "ntal Program provi4es for the rehabilitation of rental
units in selected target areas. Under this program, a grant or
a IlPL up to $5,000 ..y be ..de to a rental property owner on the
condition thet units to be rehabllitste4 will be aade available
to lOll/W)derate incoDe renters and owner .grees for a period of
ten (lD) years after the project Is CClIIIpleted IIOt to convert the
rehabilitated unita to condolllinia ownerahip. OWner aust .gree
to accept Section 8 Certificates or vouchers for tanants per
unit rehabilitated that ..y be available through the Orange
CIlunty Bousinv Authority or a aimilar program. !'he Rousing
Program Section Chief will make a determination of acceptability
of the.. efforta. AJlpl1cant..y appeal lIegative findiDg (s) to
the BlCD llanager.
I
Section 1.OC
IIOIlIr ~W\1tB9
In order to provide aobilehome owner-occupants with a financing
Mcbania to rehabilitate their units, the County has established
this program. !'he program providea for loans up to $10,000 and
grants up to $5,000. Where conditions warrant, the Manager ..y
:lncrease the grant UlOUIIt, not to exceed twenty percent for t.inent
ba..rd to the bealth and safety of the applicant or tile coaaunity.
Pm the purpolle of Mobile Rome Rehabili tation, all lIObile ballles are
considered real properties.
Besides the require_nt for income eligibility, the following
condiUons must be satisfied before a loan can be ..de to .
lIObilehome owneu
I
A. Owner aust sbOll proof of ownership either byl
1. Poa..ssing. State of California of ROUSing and Cclaaunity
oevelopaent Certificate of 'litle, Mobilehcme, or
2. A California Department of Motor Vehicles OWnership
Certificate (known as a pink slip).
3. Other docaentB as may be required by IIllD or the State BlCD
Department.
B. 'lbe remaining economic life of the IIObUehome must be at least
five (5) years or more.
C. IIobUehcme IIlIst be persmantely anchored to the ground to resist
wind and seis.ic forces.
Resolution number ~~~
Section 1.05
~licant's IncCllD8
A. '1'ype of Applicant
In order to make an eligibility determination for a
rehabilitation loan, an owner-occupant applicant is cla..ified
as being either lowfmoderate income or above low/1lloderate income
or an investor_ere Law/moderate inc<lSle is 80 percent of the
county's median income, as defined and periodically updated by
BUD.
B. IlICClIIIe c..-........nts
'1'be fOllowing i8 a li.t of '" ...,.menta that COlIIpri8e the total
income allowed an applicant for a rehabilitation loan. Ifhe
IIro.s inccae of the applicant anc! bis/ber fully b ..sed to
cJeterlline eligibility. Rowever, if a _signer or heir is on
the title to the property, but does not reside in the property
and does not contribute to the i_e, a notarbed statement of
ncln-support will be required in order to _lude the _signer's
or heir'a i~. 'fbe applicant's fuily lncllldes the applicant
and any other person Is) related by blood, urdage, or operation
of law, who share the ... dwelling unit anc!/or bave ownership
interest in the property. An applicant's gross i_ !lUst be
e.tabli.bed on an annual basis for the preceeding two years at
the t1ae of applying for a rehabilitation loan and MY include,
but is not limited tor
I
1. 'fbe applicant'S gro.. earning..
2. Spou.... gross earning. and contributions from other -..bers
of the fully who ahlIre the bou..hold !lUst be con.idered if
eaployment anc! earnings are on a regular basis.
3. Other income regularly received by the .pplicant or bis/ber
fuily from any _roe.
I
4. IlICClIIIe from ..sets including savings, stocks, bonds, vacant
land, etc.
s. Income frClll real estate, including rental W1its on the
property to be rehabilitated is based on net rental i~.
If the applicant bas not owned the property for two or IIOre
years, the COunty of Orange Shall eBtillate the iDCCllll8 and
expenditures on the available data.
6. Self-lDployment
If Hlf-employed, the average allowable incClll8 frClll the two
BOSt recent income tax returns shall be used in deterllining
applicant's elig ibility. 'l'he fOllowing aethod shall be ..sed
in cJeterllining present income for Hlf-emplo,ed individual. I
pl..s
Bet profit or loss
Depreciation and Depletion
equals
Bet Incame
plus
Other Income lwages, interest,
etc. )
equab
Allowable Income
I
c. Allowances
Gross inccae of the applicant shall be reduced by the following
allowances when applicable.
I
I
I
Resolution Number ~.559
'"
1. lledical expelUles f~ a ..jor illnesa or chronic condition
tlhich are not covered by ilUlurance. Supporting
doc_tation aust be submitted to BlCD as evidence of a
..jor peraanent illness or chronic condition.
2. unusual expenses or lIIIOUIlts paid for ~ care of II1non
under 18 years of age or for the care of disabled or
handicapped family household lleIIIbers, bat only tlhere such
care 18 necessary to enable a fuily .lIIber to be gainfully
.-ployed.
D. Bxclusions fra. IncClIIIe
fte follolfing incCBe is excluded in deter.ining incClllle
eligibility I
1. '!be iDCClllle of a child 18 yean of age ~ younger I
2. Child support, including aocial security or penaion funds,
and iDCClllle from a trust fund established for the child,
3. '!be income of a child who is a full-tt.e student living at
JIoae, and is 21 years ~ younger,
4. 'rbe income of a co-signer or heir who does not reside on
property aay be excluded provided that a notarized statement
of non-support is submitted. Such co-signer or heir uy not
be counted as a fuily .mber for the purpose of incaae-
level calculation.
Section 1.06
IRA Title I Insurance
Whenever possible, loans will be processed by the financial
institution for IRA Title I Insurance.
Section 1.07
Eligible I~royements
A. General
ftis section sets forth, but does not limit, eXlIIIIples of
eligible and aandatory improvements under ~ 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. Bligible IlIIProvnents
1. Additions and alternations to prolong the livability or
usefulness of existing structures auch as rOllll8, porches,
stairways, closets, bathrOllll8, and entrances are eligible,
.. determined neces.ary by the BlCD Seni~ Building
Inspector.
2. ..teri~ work to belp pre..rft or protect atructures, such
a. trading, painting, roofing and aiding, is eligible.
3. Interi~ work to ute a structure ~e livahle such .s
painting, papering, plasteritl!h ." flooring and tile _k
1. eligible.
c. ,Also eligible are repairs, restoration or replace-.nt of
iI!portsnt parts of structures such .. beating .,stetu,
plUllbing repain, electrical repairs and certain kitchen
appliance. in residenti.l structures.
5. Clearance, site preparation and site acquisition where .
anit is deterUned not suitable f~ rehabilitation and a
replacnent hOlt.. plan bes been approved and funded.
I. IteM considered nece.sary to provide handicap acce88ibllity
and/or re.0ge architectural barriera to the handicap.
7. Ita_ nee.aaary for historical reator.tion/preservation.
Resolution Number ~~~
c. llandatory IIIprove.nta
Jlazardou. conditions which are a direc~ threat to the health,
aafety and general welfare of occupan~. as defined in the
Uniforll Rousing Code and/or Property Rehabilitation Standard. a.
defined by Appendix A, nat be corrected.
D. Ineligible IlIIprovementa
!'be following improve-.nta are not eligible:
Barbecue pits, bathhouses, burglar protection bars, dumbwiters,
..t bars, greenhouses, greenhouse windOllll, airplane bangars,
kennela, outdoor Ureplaces or bearth., photallurala, lIWi-.ng
poola, television antennae, tennis court.. Ma~eria18, fbtures
or equipaent. of a t.ype or quality, which IInreuonably exceeda
that cllst.OlIl8rily IIl1ed in properties of the ._ general type as
the property to be rehabilita~ed.
I
Section 1.08
~rary Relocation Assistance
A. General
'1'bis aection ..U forth a deacription of tellpOl'ary relocation
benefits to be ude available to peraona and families who are
displaced frca their bllllel al I reaul~ of the o,unty'. BOlle
IlIprove_n~ Program. o,lt uy be abared by the County and the
displaced perlOnla), or landlorda in the caae of rental
rehabili tation.
B. COnditions Requiring '1'elllpOrary RelDcation
If any of the following causes or conditionl occur as a relult
of the IIllIle IlIIpro".ment. Progra., it uy be necelsary for the
peraona or famUiel to relocate to another dwelling on a
te~rary besi..
1. "~er sy8~ell is Ibut off for any extended period of daya for
plumbing repaira.
2. Electrical senice becomes non-operable while uking repain
~o wiring.
I
3. Repain which create dust and o~her conditions which _uld
aggravate allergic condition of occupant(S).
4. St.ruct.ure is to be fumigated for ter.ite control and
infestation.
5. Ra.ardous living condi~ions which reault from Itructural
changes during conatruction.
I. Sanita~ion facilitiell e.g., ~ub, wash baa in, toilet become
non-operable.
7. COntractor requires relocation of occupan~a to perform
repairs and .ueh reqllire...nt has the concurrence of the
Rousing Program Section Chief and the occupant.
C. Eligibili~y ReqUirements
Applicants approved for a loan or a grant who IlUSt Und
~e~rary accOllllllodaUons as per Section B above are eUgible for
relocation benefits. Clients mus~ actually aecure and occupy an
alternaUve dwelling unit in order to receive pal/lll8n~.
I
D. Amount of Assistance
Benefits will be aade available for a period determined by the
Manager but not ~o exceed the terll of the rehabilitation
contract.
COUnty will pay the cost of the telllpOrary accCWllodatiOll8 up to a
daily lllUimum equal to the Rousing Authority'a rent limitations
prorated on a daily beais.
I
I
I
Resolution Number ~~~~
B. Procedures for Securing '1'elllpOrary llelocation A.sistance
1. COntractor or Rehabilitation Co.t Speciali.t .ust submit
letter to the BlCD Program Office requesting vacating of
unit and specifying UIOUnt of tiae unit w.t remain vacant.
llequeBt for v.cating of prellises wst be approved, in
writing, by rehabilitation staff and authorlled by BlCD
lIIInager.
2. Person displaced presanta written quote fr~ acC[ ~ation
to rehabilitation staff. Staff will then verify tMt
displaced persou occupied unit and staff will alllO verify
UOIIJIt of quote.
3. llehabilitation staff will present c1aill for. to Auditor-
Controller with a request for peYMnt. paYJl8nt will be ..de
payable, 'ointly, to person 4isplaced and perllOnII who
provided accc dation.
Section 1.09
Proce.sing Law Intere.t Loans
A. General
ftis section seta forth the steps which are to be follClllled in
the processing of a rehabilitation laanl
1. Initial Contact
llarketing effort/strategy includes, but is aot lillited tol
Pres. releases to _tropolitan and local Mvapapers, Public
Services AnnOunce_ntB (l'SA.) for television and radio,
articles in ..gazine., newsletters and newspapers, paid
84verti....nts in the print -.dia, staff appearances on
public service radio and television progr..., flyers
4istribute4 by ..il or door-to-door contact, and
presentations u.ing s prepared rehabilitation slide .haw or
other graphics at _nity ...tings.
Upon initial contact, an application will be ..iled or given
to the applicant.
2. Loan Application
If requested by applicant, loan application will be
explained to hom_er by loan counselor who ..y assist in
completing necessary forllS. Otherwise, loan spplication
will be ..iled or 9iven to applicant who will coaplete
application.
3. Preli.inary Approval of Funding Authority
Completed loan application will be forwarded by BlCD staff
to financial institution and, if applicable, to the
appropriate state or federal agency for funding authority
to:
a. verify program eligibility of spplicant.
b. Ver ify that applicant is owner of property to be
ilaprewed.
c. Verify applicant's incOlle and ellployment. 'Ibe illCOlle
tax returns for the previous two years will be obtained
by IVCD staff.
d. Complete credit investigation.
e. ,Advise baaeowner in writing of approval/disapproval.
1Ihen appropriate, items la) through Ie) ..y be required to
be perforlled by the county prior to .ubmittal to funding
.ources.
Resolution flur.Jber ~
4. '1'eraite In8P8Ction
A free termite inspection will be arranged b.V the county for
the ~er or property owner approved for a
rehabilitation loan. The termite COIIIp8ny will Bubmit the
inapection reBultB to the rehabilitation apecialist for
inclusion in the work write-up coat estimate.
5. work Write-up/coat Batimate
A work write-up/cost estimate will be COIIIpiled baBed on the
initial inspection and the termite inapection report.
~er will be given a copy of the work write-up for
approval and will be advised of eatimate of loan neceaaary
to COIIIplete rehabilitation work.
I
6. Bid Proceaa
a. Contractor
UDle.. hQllleovner electa to conduct hiB/her own bid,
provided regulations permit, bid packagea will be
prepared by BlCD Btaff, and, if poaaible, bida obtained
frClBl at least three 13) qualified contractora. ('l'hia
requirement is waived under the Mobile Rome
Rehabilitation and Rebate programa where the property
owners are responsible for the Belection of qualified
contractora for the job). -Qualified- .ana those
contractora who are licenBed by the State of California,
who have applied to participate in the County'B IIoIIe
Improvement Program and who have received written
approval of their participation in the program from
BlCD. All bids auat be returned within 20 celendar days
unlesB otherwise &peciUed. Bids will be opened in the
preaence of the halowner and BlCD Btaft will review
hidB. ReaponBibility for selection of a contractor
reBta with the homeowner. B_er .Bt, however,
select a qualified contractor. Bomeowner iB not
required to nlect low hilS, but, hid choaen lIIlat be
within 10 percent of BlCD eBtillate. ~iB reqllireMnt
~ he waived b.V the IIoIIBing Program Section Chief in
canB where the BlCD COBt eatillate iB prcwen not to
reflect current priceB.
I
h. Owner-Builder
B: eOWDer Bbell prove to the Batiafaction of the
rehabilitation BpecialiBt that be/Bhe haa the ability to
pedora taaka to be undertakan, including coordination
of contractorla).
1Ihere all or part of the work is to be perforaed b.V the
homeowner, then bOIIeowner ahall BubI8it to the
rehabilitation BpecialiBt a liBt of the ..terials,
approxillate coatB for the.. it8U and a BChe4ule for
oo.pletion b.V h1llllDWDer. Only ..tedal will be
reimburaable, not the labor of the balBl!owner or
t.lediate family Mlllber. ftie llet will be Bubmitted to
BlCD prior to preparation of bi4 package.
lIClBleowner ..y act on his/her own behalf to hire
contractor(a) to COIIIplete varioua portionla) of the work
liated in the work write-up. 8oIIlBownen will identify
the contractorlB) or labor en and the work items which
contractor lB) or laborera will perfora.
I
Failure b.V property owner to COIIIply with the above
requirement will terminate hia/ber application.
7. COntract/Agreement Execution
AB a requirement for funding of all loana, deferred payment
loans, or grantel
Resolution Humber ~~~
. j."
I,'';.
A Property Owner Agreement IIUst be eaecutee! between the
property owner and BlCD.
In conjunction with the ProPerty Owner Agreement, the
following contracts and/or agreements will be uecuted
depending on method of rehabilitation cboaen by clientl
I
a. prime Construction COntract between ~.ouner and
contractor or homeowner and sub-contractor, if
IIPPlicabler i.e., owner-builder who subcontracta any
portion of the agreed upon acope of work.
b. Owner-lluilder Agreement for ~!lWDera who are approved
to do their own rehabilitation work or act as his/her
own CODtractor.
In the event tbat ~_er wishea to pr09ide ialprovements
ewer and eb0ge aUgible work pr09ided for, or perforll a
portionls) of the work ber/hs.aelf, the above conuact(s) or
agr_ntla) ahall reflect the total coat of work to be
done, what the prim and/or subcontractor'a respanaibilities
are and work baIIIeoIIner will perform. Bvidence of
~ailabili~ of the additional funds required IIUSt be
verified and available prior to funding of loan.
B. Iblecutee! Contracts
I
BlCD ..y forward copy of final work wr i te-up to the
appropriate financial institution or appropriate funding
agency with request for loan doc_ta. I'inancial
institutionls) will prepare and forward loan documents at
interest rate previously determined by BlCD and advise BlCD
of interest aubsidy due, if appropriate. Homeowner's
payments will be in equal _thly installments, the first
installment payment due 3D calendar days from note date
depending on financial institution policy. BlCD obtains
borrower's signature on loan documents and returns all
documents to the financial institutionls), if appropriate.
9. Loan Subsidy
Loan subsidies will be governed by contracts with financial
institutions as approved by the SOard of Supervisors.
10. IIotice to Proceed
110 construction/rehabilitation work will begin until a
written Hotice to Proceed is issued by BlCD and haDeowner.
11. SlIOke Detector Is)
Smoke detector (s) will be required in all rehabilitated
residential structures.
12. Loan Disbursement
I
a. Financial institutionla) ..y forward to BlCD loan
proceeds in a form prescribed by the agency or financial
institution and MY disburse progress payments upon
request of BlCD staff. Diabur_nts to clienta will be
IIade only after completion of inspection by
rehabilitation apecialiat and verification of billings
by B/CD. Proceee!s will be disbursed by one of the
following methodsl
Resolution Number ~~~
1) Progress Papenta (dra".)
Contractor aay not receive le.. than three progreas
papenu except in eases where rehabilitation is of
a mnor uture. fte progress paPpu .ball not
exceed '0 perceat of the cost of such work i1:88
cletendftlld by the, bid breakdawn. Progress payaenta
11118 Contractor ahal1 be peid after Oxlnty approval
of receipt and verification of contractor'.
invoice Is) and Atis1factory ..1.... of Liena or
claiu foe Li_s, by contractor, subcontractors,
laborers and ..terial suppliers for work CGlpleted
and ..terials iMtaUed. If no 11_s are recordelS,
a 10 percent retention will be dillburHd to the
contractor at expiration of lien filillg peri04,
thirty-five 135) ealendar daYI after filillg the
IIot1ce of Caapletion. 'l'his retention ..y be less
than 10 percent, u deterllined by the Bousing
.rogram Section OIief, depending on total contract
.-aunt.
I
2) One LUJIIl SlIII
Payment aay be llade in one lUlllp lUll upon COIIIpletion
of all work, 1... 10 percent retention. Ccalpletion
consilts of passing final inapection and filing
required rel..se forma. If no liens are recorded
retention will be disbursed to the contractor at
expiration of lien filillg peri04, thirty-five (351
ealendar days after filillg of IIOtice of COIlpletion.
31 BOII.owner Advancements
upon approval of the loan, the borrower (if the
borrower is perfor.illg the work ber/hillaelfl MY
receive a4vancementa to cover an agreed portion of
the costs of ..terials COIIlistent with the schedule
provided in work write-up. Additional advancements
MY be ..de when work financed by pr ior advancements
bas been COIIpleted to the satisfaction of BlCD.
b. Depending upon the type and level of rehabili tation work
to be conducted and the a_nt of loan, IVCD II8Y utilbe
ucrow aervices for control of fund disbursement.
I
..
13. Loan Delinquenciel
'!be lender will provide County with a weekly, aanthly, or
quarterly list of delilMJuent borrowers. IVCD will contact
the borr_n. Should a delilMJuency continue and bank
inf_ IVCD that foreclosure will result, BlCD Manager,
upon re~enclat1on of JIOUaing Program Section Chief, in
order to protect Oxlnty's interelt, aay decide to cure the
4efault by refinancing edating loan to a IlPL if client
qualifies.
lC. Appeal
A loan application which is disapproved ..y be reallbaitted
for a IlPL or Grant descr ibed in Section 2 and Section 3
below. Subsequent rejection uy be appealed under Section
2.08.
I
Section 1.10
Truth in Lending Requirements
IVCD shall _t all state and federal truth in lendillg requir_nts.
I
I
I
Resol ution Number ;;,55"'1
,,'
"~. ':
Section 2. DBl'BRRBD PAYMBN'1' LlWfS
Section 2.01
Deferred Payment Loans
A Deferred Payment Loan lDPL) is a aero percent 10) interest loan.
DPL's are intended to assist 1Cl1f,lmocJerate income perllOJls tIho are
unable to finance rehabilitation work without this assistance. 'l'he
loan becomes due and payable in a lump SQm upon .ale 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 15) years of receiving DPL, entire
Dl'L principal plus three 13) percent interest per annuli will be
paidr if BOld 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 IUlit. 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 a..uae
DPL, or if the DPL should be repaid. All a..umptions of DPL's shall
be approved by the BlCD Manager.
Funding for the DPL is through the BlCD Program and/or any other
federal or state programs or 8PPropriate lending institutions under
contractual agreement with the county. FUndS"y be loaned directly
by the County to the eligible clients without the involvement of a
private lending institution. DPL's can also be JUde to rehabilitate
publicly owned residential units.
In order to preserve and upgrade affordable rental units for the
benefit of ICllf/lIOderate illCOll8 tenants, a DPL ..y be ..de to
investor owners tIho participate in the Rental Rehabilitation
Programs without regard to income. '!'he DPL will be due and payable
ill fifteen 115) years or at time of transfer of title, whichever
cc.es first.
Section 2.02
APProval of Deferred PaYll8llt Loans
A. 'lbe criteria for an approval of a DPL uel
1) AFPlicant _st be of low/lloderate iacc.e or qualified
investor_er in a target or ~t uea.
2) AFPlicant _st be financially unable to repay loan with the
exception of investor_ers in the Rental Rehabilitation
progr... where the applicant'. caah flow .fter
rehabilitation is not .ufficient for debt repayment and a
DPL is deemed necessary to ..ke the project financially
feasible.
.
3) bhabilitation illprovemente are necessary to ClOIIIlly with
existing health and safety codes.
B. AFProval Authority
A DPL will be approved or .Us8PPrOftd ill writing by the Manager
or his designee. BlCD .hall notify applicant of results. A
person 11II0.. application for . DPL baa been 4isapprOftd ..y
appeal to the J)irector of IIIl for a final decision.
C.
Restr iction on BlIlIIber of Loans
'ftIe nUlllber of JlPL'. which IIay be aade to any property owner
under the Rome IIIprov_nt Progru is one (1). Waiver of
limi tation ..y be granted by the Manager.
Section 2.03
Bliaibility Requirements for DPLs
A. Applicant Bligibility Requir...nts
A DPL is intended to avoid the di.pla_nt of bcaeowners who
have no other means of financing repairs and illprovementa which
_st be ..de to their homes. A review of DPL's executed after
June, 1183 .hall be JUde every five 15) years to reevaluate if
clients are still low/aoderate illCOllle. If a fuily illCOllll!
exceeds 80 percent of the County aedian income at that tillie, the
DPL will be dQe and payable, but ..y be ass~ at the County's
discretion.
Resolution Uumber ~~5?
B. IllCOIle Lilllits
!'be i_ 1D1tations are those set by Section 1.02 (c) and
2.02.
section 2.0C
APPlicant's Inc~
IItthod of determining applicant's incoae will be DOted ill Section
1.05.
Section 2.05
Bli~ible Improvements and Costs
'l'his secticn sets fCU'th ulllllples of illprovements and coats to be
financed with a DPL.
I
A. General
B. Bligible IlIprovements and COsts
A DPL ..y be used to finance the cost of repairs and
illlprovemenu to COIIIply with the property bhabilitaUon
Standards approved by the Board of Supervisors as uended
lAppendix 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 a180 be used to re_
handicap barriers and to provide handicap accessibility.
Hazardous conditions which are a direct threat to the health,
aafety and general welfare of occupants will be priority ite_ '
to be corrected.
c. Ineli;1ble Improvements
DPL may ~ provide fCU'1
1. lIew constrllCtion 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.
I
D. Insurance and property Taxes
'!'he client shall maintain adequate fire and hazard insurance
with the County listed as loss payee for the a_unt of the loan
on the property, as required by the Boae IlIprovement Program,
and keep taxes current during tera of DPL. except under special
governaent programs allowed for elderly clients.
B. Program Fees
1. RecOrding fees
The coat of recording the Deed of Trust and other pertinent
dOCWII8nts shall be waived as per Governaent Code, Section
6103. .
2. Policy of ritle Inaurance
A policy of title iDllurance COftring the amount of the DPL
shall be obtained feU' the borr_r _ the cost paid fr_
the loan pr~s.
3. rax Service CO.
I
HOme tlprovement Program may utilile services of a "ax
Service COmpany. COst lhall be paid fr_ loan pr~s.
P. Maxiawl loan of $45,000 may be aade and is subject to the s_
conditions set by Section 1.02 B. of tbis ..nual.
G. ..crow of "habilitation Pun4s
'1'he applicant shall agree to permit the eounty of Orange. its
agenu or de8ignees, to act aa escrow agents of funds loaned
through a DPL and to permit the COlDlty of Orange, its agents or
designees. to disburse auch funds to the applicant/borrower and
Resolution Number ~~~
'-
,.'~
I
the contractor In the aanner ..t forth in the contract between
the applicant/bOrrower and the contractor or In the contract
between applicant/bOrrower and County In the ca.e of an
Ownerl8uilder, to in.ure the proper di.bur....nt of aQob funds.
!'be -borrower- llhall be con.true4 to be any person or other
legal entity who bold. title to the property beill9 rebabilitated
with the aa.iatance of a DPL and who Is legally reaponaible for
repayment of the loan. In the ca.. of .ultiple ownerahip, the
aignature of every titleholder will be raqQired on a Deed of
~ru.t where the aignature of the applicant/bOrrower la
necesaary.
R. AaIUllption. for Deferred Payaent Loan.
AaaUlllptiona of DPL'a are euthorized, bowever, new borrower's
1nc0llle .Qat be e.tablisbed at or bellllW 80 percent of the
CoIInty'a Mdian i_,
DPt a.sUllption. .ay be consi4ered when one of the following
occur.:
1. Judgement of Di.solution of Marriage.
2. Death of ....ted title bolden. Rein of property BSt be
frOll the hMdiate femily.
3. ~itle of property ill tran.ferred.
Section 2.06 2eBporary Relocation Assi.tance
~aporary relocation benefit. that are available to applicant
receiving a DPL are tbo.e described in Section 1.08 of thi. manual.
Section 2.07
Processing Deferred Payment Loans
I
A. Proce.sing Procedures
'1'he processing of a DPL ahall be the aame as that of a
aubsi4ize4, llllW interest loan as noted in Section 1.09 of this
Policy Manual in addition to the following I
1. Deter.ination of prelilllinary Bligibility
Rebabilitation .taff will develop necessary documentation to
uke determination of applicant eligibility for a DPL.
2. Obtain preliminary Title Report, credit report, appraillal,
if needed, and verify in_,
3. Determination of Final Bligibility.
After receiving preliminary title report and credit report,
ataff will uke a final recommen4ation regar4ing applicant's
eligibility for a DPL. JlecoaDendation will be aublDitted to
BVCD Manager or bis designee for approval.
4.
Execution of DOcuments
I
If eligible, applicant will execute PrCllll1Bsory Rote and Deed
of Trust. Additionally, applicant will executa DPL property
owner agreement. Once all 40cuments are executed, Deed of
~rust will be recorded, Promi..ory MOte and Deed of Trust
will be bald by BVCD Accounting and BVCD will request title
inauranC8 policy covering UIOUnt of loan frCllll title c:ompany.
Ratification of Loan AIIoImt
5.
A aigned DPL Approval Porm will be forwarded to BVCD
AccOl1nting wi th the total alll)Unt needed for the DPL and the
rehabilitation process will continue.
B. ~ruth-In-Lending Requirements
!rruth-in-lending requirements, a. noted In Section 1.10 of this
lIllIlual, apply to all DPL'..
Resol uti on [lUmber.fis:stJ
8BC'I'ION 3. 8PO'1' JlBllABILI'1'A'1'ION LCWIS
Section 3.01
SpOt Rehabilitation Loans
Spot rehabilitation is a c:~onent of the __ I81provuent progr...
I.DlII interest loans, IlPL's and Grants are available to OIIIIer-
occupanta of low,/w)derate illCClM, living in any contract city or
ClOWlty unincorporated area. In order to preserve and upgrade
affordable rental units for the benefit of low,/w)derate i_
tenants, investor-owners participating in the "ntal Rehabilitation
progr... are allO eligible to awly.
Section 3.02
Processing of Spot Rehabilitation Loans
I
Requirements for approval of spot rebabilitation loana are tho..
IIDted in Section 1 of this llanual e_pt:
Bligibility Requirementa
A. Property Bligibility Ilequirementa
A rehabilitation loan ..y be ..de to any lIualified
residential property OIIIIer located in the unincorporated
area of the County of orange, or in any part of .
participating contracting city.
B. IIICClIIIe Lilli ts
Spot rehabilitation loans to low/modente inccae persons
ahall be subject to Section 1.02 C. 111 for 3 percent loans.
C. Bligible IlIProvementa and COsta
A spot rehabilitation loan ..y be used to finance the cost
of repairs and illprovements as required to bring the
property into compliance with the Property "habilitation
Standards approved by the Board of supervisors, as emended.
Spot rehabilitation loans ..y allO be used to finance the
cost of repairs of incipient violations of these standards.
Bo general property taprovementa are permitted.
I
SECTION 4. RBIIABILI'l'A'l'ION GIWI'1'S
Section 4.01
Rehabilitation Grants
In order to provide a full range of financing uchaniaa for the
County's II-. IlIProv_nt Progr.., a grant program has been
.stablished. 'l'his program provides a grant of up to $8,000.00 with
a 20 percent supplement for ..terials and labor to low/moderate
inccae OIIIIer-occupants. 'Ibe goal of the program 111 to rectify
_rgency health or safety ha.ards in the awlicant'. bcae and to
provide energy con.ervation.
.
Section 4.02
Proces.ing "habilitation Granta
A. A rehabilitation grant -.y be approved subject to the s_
proviaions a. set forth in section 2 except a. noted below:
Applicant Bligibility a.;uirementa
1. Applicant ...t execute property Owner Grant Agreement which
provides thet the OIIIIer returns 100 percent of the grant to
County upon sale or tran.fer of title within one ysar of
agreement execution and 50 percent of property upon sale or
transfer of title transferred betMeen one and two years
after the uecution of the agreement.
2. A rehabilitation grant ..y be used to finance the cost of
repairs and illlprovementB to COIIIply with the Property
Rehabilitation Standar4s approved by the Board of
Supervisor. and incipient violations of the.e standards.
Grant funds ..y also be used to finance the co.t and
installation of energy conservation ..terial.. The maximum
lIIIIOUnt of a rebabilitation grant may not exceed the
following:
I
Resolution Number .85~9
-,
"l"'~' V. .
,.,
(a) '8,000.00 for conventional single family units and
'5,000 for -obilehomes.
lb) Nhere conditions warrant, the Man.ger may incre.se the
gr.nt amount, not to exceed twenty percent lof the
above) for illllinent h.z.rd to the he.lth .nd s.fety of
the applic.nt or the _unity.
lc) '3,000.00 maximum for minor reh.bilitation lmini-gr.nts)
in approved target .re..
I
B. Mini-Gr.nts
'1'0 eliminate blight or prevent further deterior.tion of .
neighborhOOd, BlCD Program Office may provide _11, minor
1'8pair/llaintenance, reh.bilit.tion, mini-granta to qualified
residents of . low/.xJer.te income neighborhood. Under this
mini-gr.nt progr.m, the .bove res.le restriction of 4.02 All)
will be waived.
SECTION 5. REBATE PROGIWI
section 5.01
Rebate progr.m
5.01 Gener.l
'1'he Cclunty provides limited funding to provide rebates for previously
approved home repairs which are prepaid by the owner and verified by
BlCD. '1'he rebates are made av.ilable for. minilllum of $500.00 and .
...~ of '3,000.00 for eligible home repairs co.pleted in aelecte~
target are... Property owners are required to obtein written
pre.pprov.l for all work subject to rebate. property owners are
required to Hlect their own licenHd contractor and to provide
ltembed, paid Invoices covering all work. In tbe case of an approved
_r builder, DIlly aateriala shall be SUbject to reb.te. Labor ooau
for owners and faaily llellben are not Subject to rebate.
I
5.02 Applicant Bligibility
..: Immers wIlo live within a target are. and wboae Inc_a are BOt or
less of the County Median 1_ (aa defined and periodically updated by
BUD) are eUgible for lOOt rebate (up to U,OOD.OO) for approved tIOrk.
BOa.owners sh.ll subeit income tax retgrn. to verifY income and property
tax bills to ..r ifY ownenhip.
5.03 Bligible "pairs
'ftlia section HU forth, bIIt doe. not limit, expense. of eligible
repain for the rebate program. Such repairs shall be judged fe.Bible
to preserve and repair the subject property through minor
reh.bilitation, Including exterior painting. Repain which bave not
been approved in writing prior to their co.pletion shall not be eligible
for rebate. '1'he foll_ing list gives eXUlples of rebate-eligible
repainl
I
Roof repairs/reroofing*
BXterior lighting
Qltters
Screen., security locks
Sewer cleanout
lleglazing
Siding
pOrch repair
Concrete 4riveway and walks
IlaIIIps for band icappea
Fence.
In.ul.tion
PIUlllbing replacement
water be.ter repl.ce_nt
anergy COn.erv.tion
-Roofing with tIOOd shakes or Shingles or a new roof over an old roof is
not subject to rebate.
-"bates are not ..ailable for appUances.
5.04 Workmanship
'1'he County 1'8serves the right to inspect any tIOrk which . rebate has
been applied for, and to refuee .11 or part of any rebate due to poor
tIOrkllanship or unacceptable mater tal..
.1'l1 deslll511
0I/n/B4
Resolution ilur.1ber ~
PROPBR'l'Y RBBABILI'l'A'1'ION S'1'ANDUDS
FOR
RES IDBN'1'IAL PROPBR'l'IBS
COUNTY Qp ORANGE
BNVIROIIMBN'.rAL JlMAGEMBlI'l' AGBIICY
a:mSIHG/COMIUNIft DBVELOPMBN'l' DIVISION
April 7, 1983
Append ill A
I
I
I
Resolution Number ~~
'fABLB Of' CON'1'BN'1'S
IIIlbUutlCt'IOR
.age
1
CIIAP'1'BR 1 '1'I'l'LB U1D SCOPE
CIIAP'1'BR 2 BllFORCBMBN'l'
CIIAP'1'BR 3 nRMI'l'S U1D INSPECTIONS
CIIAP'l'BR 4 IlBPINI'1'IONS
CIIAP'1'ER 5 SPACE U1D OCClJPUlCY
CIIAP'l'BR 6 S'1'IW..-~uaAL RBQtJIRBMBN'l'S
CIIAP'1'BR 7 IIBCIIANI CAL RBQtJIRBMBN'l'S
CIIAP'1'BR 8 DI'l'S
aIAP'l'ER9 FIRE PRO'l'ECTION
1
1
3
3
4
6
6
9
10
CIIAP'1'BR 10 SUBS'1'U11WlD BUILDINGS
10
aIAP'l'ER 11 BNBRGY CQRSBRVA'1'ION
I aIAP'l'ER 12 RBQUIRBMEN'l'S FOR PHYSICALLY HANDICAPPED
12
12
I
Resolution tlumber $q
IN'l'lIOOuC'UON
The -Property RehabilitaUon Standard.- (.RS) .. denoted herein have been estab-
li.hed after consider i.ng IlaDY code. and suggestiana by the Federal IlDusing I
Administration. '!'he.. PRS are the uniform Sousing Code, 1979 lIdiUon, except
for 80M minor revisions and addiUons, and shall be the guide for the County in
illlplemenUng ita IIcDe IlIIprove_nt Program.
'l'hese PRS shall consUtute the basi. of the working agree_t between the
Department of IlDusing and Orban Devel~nt lBUD) and the county of Orange.
'l'hey shall apply to all residenUal properUes in areas designated by the County
as eligible for rehabilitation.
Mhere the BUD Minimum Prope~ty Standard. are more restrictive, those standard.
shall apply. It is recognized that the PM are minimwa property standards and
not ideal property standards.
Mhere actual rehabilitation occurs, replacellll!nts may be required which go beyond
the minimum standards in order that the aBG funds be utilized in a mre
effective manner and a longer lasting repair be made to structures. FOr
example, in areas where there i. a generally recognized condition of expansive
soils, larger footings may be required by BlCD. AddiUonally it is recognized
that a flexible interpretation of the uniform Building COde i. utilized in the
Bome IlIIprOVement Program since to require an exisUng older dwelling to conform
100. to the uniform Building Code may be cost prohibitive.
I
.
I
I
I
I
Resolution Number ~~~
OIapter 1
'lITLE AND scan
TITLE
Bee. 101. 'l'bese Propert:y Rebiliutian Standards are to be referred to
berein as PIlS.
PUllPOSE
Sec. 102. 'l'be purpoae of these PJIS 18 to provide a1nimum standards to
safeguard life, lillb, bealth, property, aafety, and welfare of the general
public and,t:he owners and occupanu of residential buildings within jurisdictian
of the COUnty of Orange and thole cities whole rehabilitation programs are
administered by the County of Orange.
SCOPE
Sec. 103. la) Application. '!'be provisians of these PJIS 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 Sectian 10C lG) of the Building COde, except such structures as are
found to be substandard as defined in t:hese PJIS.
Where any building or portion thereof is used or intended to be used as a
combirwtion apar1:llent bOUie-hotel, the provisians of these PJIS shall apply to
the separate portions as if they were separate buildings.
Every rOCllling houR or lodging house shall comply with all t:he requirements
of these PM for dwellings.
lb) Alteratian. Existing buildings which are altered' or enlarged shall be
made to canforll to t:hele PJIS insofar as the new work 18 concerned and in accord-
ance with Section 10C (a) and lb), of t:he Building COde. Rowever, exceptians
may be peraitted provided health, aafet:y, ,and general welfare of persons con-
cerned are not: adversely affected.
(c) Relocation. Buildings or struct:ures _d into or within the
jurisdiction shall comply with the requir...nts in the Relocated Buildings Code
for new buildings and structures.
OIapter 2
DlFORCBMBN'l'
GBIlBRAL
Sec. 201. (a) Authorit:y. The Rousing and Cmaunit:y DeveJ.o1aent: Manager is
bereby authorized and directed to administer and enforce all of t:he provisions
of these PM.
(b) tight: of IIntry. "never _..ary to aake an inapectian to enforce
any of the provisions of thele PJIS, or whenever t:he Rousing and ea.unit:y
Developaent Manager or bis authorbed represenutive has reasonable cau.. to
believe that: there uisu in any building or upon any premi..s, any condition
wbich aakes suell building or preaises unsafe, dangerous, hazardous, or Substand-
ard as defined 1n Section 202 of the.. PIlS, the Housing and Cmaunity Developaent
Manager or b18 authorized represenutive aay enter such building or preaises at:
all reasonable ti... to inspect: the _ or to perfora any duty ~..d upon the
aou.ing and ea-unit:y Developaent: Manager by t:he.. PJIS, provided that: if such
building or premi... were occupied, be shall first: present proper credentials and
dell8lld entry, and if such building or preabes be unoccupied, be shall firlt aake
a reaaonable effort: to locate the _r or other persons having charge or cont:rol
of the building or prell1les and deaand entry. If lucb entry 18 refused, t:he
IIOUsing and CclIrounit:y Developlent Manager or bb authorized representative shall
have recourse to every reael!y provided by law to secure enuy.
.0 owner or occupant: or other person having charge, care or control of any
building or preais.s shall fail or neglect, after proper demand 18 made a. herein
provided, to prCl8lpUy perait: entry therein by t:he Housing and c:o.unity Develop-
..nt Manager or bis authorized repr..enutive for the purpose of inllpeCUan and
uamination pursuant: to these PIlS. Any person violating this sub.ection shall be
guilty of a aisdemeanor.
Resolution Uumber .:15'~
(c) Reapon.ibilities Defined. svery owner re..ine liable for violations of
dutie. impo8ed upon hila by the.. PRS even though an obligation i. also impo8ed on
the occupants of his building, and even though the owner has, by agr.e.nt,
imposed on the occupant the duty of furnishing required equipaent or of COIIIplying
wi th the.e PIS.
BYery owner, or hiB agen~, in addition to being respon8ible for main~aining
his building in a 80Und structural condition, .hall be responsible for keeping
that p.rt of the building or preedse8 which he occupies or controls in a clean,
8anitary, 8nd Afe condition including the shared or public erea8 in 8 buildlng
containing ~wo or _re dwlling unlte.
svery owner .haU, tlllere required by the8. PIS, the h.alth ordinance or the I
health officer, furni.h and ..intain such approved .anitary facili~ie. 88
required, and .hall furn18h and ..intaln approved devices, equi~t, or
facilitie. for the prevention of insect and rodent infestation, and where
infe8tation ha. taken place, shall be responsible for the extaraination of any
insects, rodents, or other pe8ts when such exteraination is no~ 8peC1fically ..de
the respon.ibility of the occupan~ by law or ruling.
Every occupan~ of 8 dwlling uni~, in addition to being responsible for
keeping in a clean, sDitary, and safe condition that p.r~ of the dwlling or
dwelling unn or preai... which he occuples and controls, 8hall diBpo.. of .U
hiB rubbish, garbage, and o~her organic vasta in . IIlUIner required by other lad
and regUlationa.
svery occupan~ Bhall, tlllere required by the.. PRS and by o~her lava .nd
re<Jlllation., furnisb and ..lntain approved device8, equipaent or facilitie8
nece...ry to keep hiB preed8e. safe and sanitary.
SOBS'1'ANIWlD BOILDIIIGS
Sec. 202. All building8 or portions thereof which are determined to be
8ubstandard a. defined in these PRS are hereby declared to be publlc nui8ance.
and shall be abated by repair, rehabilitation, delllOlition, or re_al in
accordance with the procedure specified in Chapter 2, .8 _nded I
10rdinance 3062).
Chapter 3
PBIUII'l'S AND IIIISPBCTIONS
GBNBRAL
Sec. 301. 110 person, fira, or corporation 8hall erec~, con8truct, enlarge,
alter, repair, _e, illprove, re_e, conver~, or delllOli8h any building or
structure, or call.. or permit the s_ to be done, withou~ first Obtaining a
separate building permn for each such building or structure frCIIII the Building
Official in the .anner and according to the applicable conc!i~ions prescribed in
Chapter 3 of the Building Code and in Section 302 of Ordinance Ro. 3061.
FBBS
Sec. 302. 1Ihenever a building permit iB required by Section 301 of the8e
PRS, the appropria~e fees shall be paid to the Building Official as specified in
Section 3DC of the Building Code and of Ordinance RO. 3061.
IIIISPECTION
Sec. 303. All building8 or structures within the 8COpe of the8e PRS and all
construction or work for which a permi~ is required shall be 8ubject to
inspection by the BouBing and CoaIDunity Developaent Manager and the Building I
Official in accordance with ana ln the "Mer provided by the.. PRS and
Sections 305 and 306 of the Building Code.
Chapter C
DBFIIIII'1'IONS
Definition.
Sec. COl.
phrase8, words,
Building Code.
Par the purpose of the.e PRS, certaln abbreviations, terll8,
and their derivative. 8hall be con8trued as 8pecified in the
I
I
I
Resolution Number ilS"~q
BUILDING CODE shall mean the Dnifor. Building Code, published by the
International Conference of Building Officials and the Code currently adopted b.r
the BOard of Supervisors.
BPPICIENCY LIVING DNI'1'. Efficiency living unit is a dwelling unit
containing only one habitable room and _ting the require_nU of
Section 5D31b), Exception.
JI)T lIA'l'Ba. Bot ..ter llhall be ..ter at a te~rature of not less than
10001'.
....ICAL CIClDB shall .an the unifor. Ilechan1cal Code, publiSMd by the
~nternational Conference of Building Officials and the International Association
uf PIUlllbing and Ilechan1cal Officials and the Code currently adopted by the Board
of Supervisors, COUnty of Orange.
IlUISARCB. '!'he following llhall be defined ss nuisances:
1. Any public nuisance k_ at c """ law or in equity jurisprudence.
2. Any attractive nuisance which MY prove detr1llental to children whether
in a building, on the premises of a building, or upon an unoccupied
lot. ~is includes any abandoned _lls, shafta, be"MIIU, or
excavations, abandoned refrigerators and 8Otor vehicles, or any
structurally unsound fences or structures, or any IUllber, trssh,
fences, debris, or vegetation wbich ..y prove a basard for inquisitive
mnors.
3. 1lhatever is dangerous to hwun life or is detriaental to health, as
determined by the Rousing and C:O-unity Development Manager.
4. Overcrowding a room with occupants.
5. Insufficient ventilation or illu.ination.
6. Inadequate or unsanitary ....ge or plumbing facilities.
7. Dncleanliness, as deter.ined by the Rousing and co.unity Development
Manager.
B. 1lhatever renders air, food, or drink unwholesome or detrimental to the
lIealth of hllllUln beings as deter.ined by the Rousing and eo-unity
Development Manager.
OIapter 5
SPACE AND OCCUPANCY S'l'ANDARDS
LOCA'1'IOtf Otf PIOPER'l'Y
Sec. 501. All buildings shall be located with respect to property lines and
to other buildings on the _ property as required by Section 50C 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 pla..ageway, not less than 3 feet in width,
leading to a public street or alley. Exit courts frOll apartaent houses to the
public way shall be not less than 44 inches in width and 7 fset in heighth.
DRDS AND OOuoa'5
Sec. 502. la) Scope. ~1s Bection shall apply to yards and courts hsving
required windows opening therein.
(b) Yards. Every yard shall be not less than 3 feet in width for one-stor
and tvo-story buildings. Por buildings 80re than two stories in height the y
II1niaull width of the yard sball be increased at the rate of 1 foot for each
=~ional story. Where yards ClllIpletely surround the building, the required
MY be reduced by 1 foot. Par buildings exceeding lC stories in height
the required width of yard shall be COIIpUted on the basis of 14 stories. '
(c) Courts. Every court shall be not less than 3 feet in width Courts
~:~ng w~dows =119 on the OPPOSite side8; shaU be not le88 than 6 feet in
be ~ 1 rts ed on three or lIOl'e sides by the ..lls of the building 8hall
no ess than 10 feet in length unless bounded on one end by a street or ard
Por buildings IIOre than two stories in height the COurt shall be increased / foo~
~: w~~ ~ 2 feet in length for each additional story. Par buildings exceeding
lC s ries n height, the required diaensions shall be COIIIputed on the basis of
stor es.
Resolution flumber c5.$"Q
Adequate aces. .hall be provided to the bottoll of all court. for cleaning
purpo.e.. "'ery court IIIOre than two stories in height .hall be provided with a
horizontal air intake at the bottoll not less than 10 square feet in area and
leading to the exterior of the building unle.. abuting a yard or public .pace.
'l'he construction of the ail: intake .hall be as required for the court walls of
the building, but in no case .hall be le.. than one-houl: fire-re8istive.
ld) projection into Yard.. .ave. and cornice. ...y project into any
required yard not IIIOre than 2 inches for each foot of yard width. unroofed
landing., porche. and .tairs ..y project into any required yard provided no
pcrtion extends above the floor level of a habitable room, and provided further
that no .uch projection shall obstruct. a required exitway.
I
ROCIiI DIMBNS IOlI/S
Sec. 503. la) Ceiling Heightll. Habitable rOOll8 or area. shall have a
ceiling height of not le.. than 7 feet' inches except a. otherwise permitted in
this Section. Kitchens, hall., bathrOOlDB, and toilet cOlllpartlllents ...y have a
ceiling height of not le.. than 7 feet ....ured to the lowest. Pl:oject.1on fl:OII the
ceiling. tlhere exposed beam ceiling ..men are spaced at le.s than 48 inches on
center, the ceiling height .hall be ....ured to the bottoll of these _mere.
Where exposed ceiling melllben are spacecJ at 48 inches or more on center, ceiling
height shall be ..a.ured to the bottoll of the deck supported by these _mers
provided that the bottoll of the Mllben is not less than 7 feet above the floor.
If any room in a building has a eloping ceiliDIJ, the pre.cribed ceiliDIJ
height for the room i. required in only one-half the area thereof. No portion of
the I:oom mea.uring le.. than 5 feet from the fini.hed floor to the finished
ceiling .hall be included in any COIIputation of the ain1a1lll area thereof.
If any room has a furred ceiling, the prescribed ceiling height i. required
in two-third. the area thereof, but in no case .hall the height of the furred
ceiliDIJ be lese than 7 feet.
lb) Floor Area. Bvery dwelliDIJ unit .hall have at lea.t one rODll which I
.hall have not le.. than 150 square feet of floor area. Other habitable rooms
except kitchen. shall have an area of not le.. than 70 square feet. Where more
than two person. occupy a room ulled for .leeping purpose. the required floor area
shall be increalled at the rate of 50 square feet for each occupant in ac... of
two.
Additional .1eepiDIJ rooms aay be provided to obtain proper separation of
children or other dependenu regarding _.
BXCBP'1'IOlI/I JlGthing in this Section .hall prohibit the use of an efficiency
living unit within an aparment house Meting the fOllowing require_nUl
1. '!be unit .hall have a living rODll of not less than 200 square feet of
.uperficial floor area. JIG additional 100 square feet of .uperficial
floor area .hall be provided for each occupant of .uch unit in ace..
of two.
2. '!be unit .ball be provided with a separate closet.
3. The unit .hall be pl:ovidecJ with a kitcben .ink, COOking appliance and
refrigeration facilities each having a clear working apace of not le.s
than 30 inches in front. Light and ventilation conforaing to these PRS
shall be provided.
4. The unit shall be provided with a .eparate bathrODll containing a water I
closet, lavatory, and bathtub or ahower.
lc) Width. JIG habitable rOOll other than a kitchen .hall be less than 7
feet in any diaen.ion.
Bach water closet stool shall he located in a clear apace not lese than 30
inches in width and a clear apace in front of the water closet stcol of not less
than 24 inches .hall be provided.
Additional bathrOOll facilities aay be provided in order to alleviate an
overcrowdad condition.
LIGII'.r AND VBN'l'ILA'I'IOII
I
I
I
Reso 1 uti on Number ,;]5.5q
Sec. 5OC. (a) .atura! Light and Ventilation. All guest rOOlll8, dormitories,
and habitable roo.s within a dwelling unit ahall be provided with natural light
by ..ans of exterior glazed openings with an area not less than one-tenth of the
floor area of .uch r_ with a Ilin~ of 10 8fI\Iare feet. All bathrOOlll8, water
closet compartaent:s, laundry r_ and .iailar r_ .hall be provided with
natural ventilation by ..an. of openable exterior openings with an area not less
than one-twntieth of the floor uea of .uch rOOlll8 with a II1nillua of 1 1/2 square
feet.
All guest rOOlll8, dorllitorie. and habitable rOOll8 within a dwelling unit
lIhall be provided with natural ventilation by Mans of Dpenable ell:ter1or openings
with an area of not les. than one-bIentieth of the floor area of .uch r_ with
a Ilint.u. of 5 square feet.
lb) Origin of Light and Ventilation. Jlequired exterior openings for
natural light and ventilation .hall open directly onto a .treet or public alley
or a yard or aourt located on the .... lot .. the building.
BXCBP'l'IOlh Jlequired windows ..y open into a roofed porch where the porchl
1. Abute a street, yard, or court, and
2. Ras a ceiling height of not Ie.. than 7 feet, and
3. Bas the longer side of at least 65 percent open and unob.tructed.
A required window in a .ervice rOOll may open into a vent .haft which is open
and unobstructed to the sky and not le.. than C feet in least dimension. 110 vent
shaft sball extend through more than two .torie..
For the purpose of determining light and ventilation require..nts, any roo.
may be considered as a portion of an adjoining roo. when one-half of the area of
the COIIIIOD 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 lIquare feet, whichever is
greater.
lc) Mecbanical Ventilation. In lieu of required exterior openings for
natural ventilation, a -.chanical 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 outeide. In bathrOOllll, 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.
ld) BalllRlYs. All public hallways, stairs, and other exitways shall be
adequately lighted at all times in accordance with Section 33121a) of the
Building COde.
SANITATION
Sec. 505. la) Dwelling Units. Bvery dwelling unit shall be provided with a
bathroom equipped with facilities consisting of a water closet, a lavatory, and
either a bathtub or shower.
lb) Botela. Where private water closets, lavatories, and baths are not
provided, there shall be provided on each floor for each 88X at least one vater
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 88x
at the rate of one for every additional gueste, or fractional number thereof in
ell:cess of 10. Such facilities shall be clearly marked for -Men- and -Women-.
lc) Kitchen. Bach dwelling unit .hall be provided with a kitchen. Bvery
kitchen ahall be provided with a kitchen sink. 110 wooden sink or sink of
siailarly absorbent ..terial .hall be permitted.
(d) Fill:tures. All plUlllbing fixtures shall be connected to a .anitary sewer
or to an approved private sewage disposal syst.elll. All plllllbing fbtures .hall be
connected to an approved sy.tell of water supply and provided with hot and cold
running water neces..ry for its ..nual operation, ell:cept water closets shall be
provided wi~ c:old_ ,,!~~_only.
Resolution ilumber ,;)5.s"9
All plu.bing fixtures shall be of an approved glazed ear~henware type or of
a similarly nonabsorbant lII~erial.
(e) Water Close~ CoIIpar~te. Walls and floors of water cloHt
ClOIIIpartments excep~ in dwellings shall be finished in accordance witb
Section 1711 of the Building COde.
In all occupancies, accessories such as grab bars, towel bars, paper
diapenHrs and _p dillhes, etc., provided on or within walla, shall be instelled
and ..aled to protect atruc~ural eleMftU fr_ ~ia~lIre.
If) Roam separations. ...ry water CloHt, bath~ub, or sb/:lller required by I
these PlIS shall be installed in a r_ which wUl afford privacy to the occupant.
A r_ in which a water cloaet is located shall be Hperatee! fr_ food
preparation or etorage r_ by a tigh~-fi~till!J door.
19) In.tallation and Waintenance. All sanitary facilities shall be
installed and lIIintained in safe and sanitary condition and in accordance with
all applicable lawa.
aJapter I
llTaDCTwcAL IlBQOIJlBMIIl'1'S
GENERAL
Sec. 101. la) General. Buildings or struc~ures aay be of any type of
construction permitted by the Building OXIe. ItOOfs, floors, wallS, foundation.,
and all other structural co,.anenu of buildings shall be capable of resisting
any and all forces and loads to which they lilY be SUbjected. All struc~ural
element. shall be pr~~ioned and joined in accordance with the s~ress
limitations and design cri~eria as specified in the appropria~e aections of the
Building COde. Buildings of every permitted ~ype of construction shall comply
with the applicable requireMnts of the Building OXIe.
lb) Shelter. BYery bllilding shall be wather protected so as to provide I
shelter for the occupants agains~ the eleMnts and to exclude dallpDe's.
lc) protection of Matedals. .ll.cod shall be pro~ected againe~ termite
damage and decay as provided in the Bll1lding OXIe.
Chapter 7
..aARICAL RBQlJIItBMBII'1'S
DATING AND VBII'1'ILA'lIOII
Sec. 701. (a) Beating. ...ry clwlling ''WIi~ and gues~ r_ shall be provided
with heating facilities capable of lIIintaining a r_ tellp8rature of 700P. at a
poin~ 3 fee~ abOve the floor in all hebitable r_. Such facilities shall be
installed and lIIinteined in a ..fe condition and in accordance with Chapter 37 of
the Building COde, the llechanical OXIe, and all o~her applicable la".. .0
llnvented fuel-burning heater shell be peraitted. All heating devices or
appliance. shell be of an approved ~ype.
lb) Blectrical Equipment. All electrical equipment, wiring, and appliance.
shall be installed and lIIintained in a safe aanner in accordance with all
applicable 11.... All electrical equipmen~ shall be of an approved type.
Where there 11 elec~rical power available within 300 fHt of the preai..s of
any building, such bllilding sball be connected to such electrical power. Bvery I
habitable roca shall contain a~ least two supplied electric convenience outlets
or one such convenience outlet and one sllp(llied electric l1ght fixtllre. Every
water closet colllpartment, bathrOCllll, laundry roca, furnace r_, and publ1c hallway
shall contain at least one supplied electric l1ght fis~ure.
lc) Ventilation. Ventilation for rOOlll8 and areas and for fuel-buming
appliances shell be provided as required in the Mechanical COde and in this OXIe.
Where aechanical ventila~ion i. provided in lieu of the natural ven~ilation
required by Sec~ion 50C of this OXIe, such Mchanical ventilating sy.tea shall be
uintained in operation during the occupancy of any building or portion thereof.
I
I
I
Resolution Number ~~~
Chapter 8
BXI'l'S
GBNBJW.
Sec. 801. SYery 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, edtways, and appurtenances as required by Chapter 33 of the
BUilding COde.
BYery Sleeping room below the fourth story shall have at least one operable
window or exterior door approved for emergency egress or rescue. '!'he units shall
be operable frCIII the ilUlide to provide a full clear opening without the use of
separate tools.
All egress or rescue windows frCIII sleeping rooms shall have a minilllum net
clear opening of 5.7 lIquare feet. '!'he minimlllll net clear opening height dimension
shall be 24 inches. '1'he minimum net clear opening width dimension shall be 20
inches. Where windows are provided .s a .ans of egre.. or rescue they shall
have a finished sill height not IIOre than 44 inches above the flcor.
Chapter 9
no PRO'mCTIOIII
GBNB1lAL
Sec. 901. All buildings or portions thereof ahall 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
sone, and shall be provided with the appropriate fire-extinguiahing systellS or
equipment required by Chapter 38 of the Building COde.
Chapter 10
BUBS'1'A1QWlD BUILDIlIGS
DBFI1lI'1'10111
8ee. 1001. ea) General. Any building or portion thereof including any
dwelling unit, vast room or suite of r__. or the premin. on wich the - is
located, in wich there exists any of the following listed conditions to an
extent that endangers the Ufe, UIIIb, bealth, property, safety, or welfare of the
public or the occupants thereof shall be cleeaed and bereby i8 declared to be a
substandard building.
lb) Inadequate sanitation. Inadequate sanitation shall include but not be
limited to the fOllowing I
1. Lack of or 1IIlproper vater cloeet, :lavatory, bathtub or sbower in a
dwelling unit.
2.
Lack of or illproper water clonts, :lavatories, and bathtubs or
showers per number of vuests in a hotel.
Lack of or improper kitchen sink.
3.
4. Lack of hot and cold running vater to plulllbing fixtures in a hotel.
5. Lack of hot and cold ruMing vater to plulllbing fixtures in a
dwelling unit.
fi. Lack of adequate beating facilities.
7. Lack of or 1IIlproper operation of required ventilating equipment.
8. Lack of IIinimull amounts of natural light and ventilation required
by these NS.
t. IliClCIII and space dillensions l.ss than required by these pas.
10. Lack of required electrical lighting.
'-
Resolution flumber .7~
11. Dulpne88 of habitable r_.
12. Infestation of insects, verllin or rodents as determined by the
Rousing .nd eo-unity DevelOpll8nt Man.ger.
13. General dil.pidation or illproper ..intenance.
14. Lack of connection to requir.d .....g. dispoAl -rste..
15. Lack of adequats garbage and rubbish stor.ge and re_.l fecilities
as deterained by tbe Rousing and OoIaunity Developaent Manager.
lc) Structural R...rds. Structur.l baaards shall include but not be
lillited to the fOllowing:
1. Deterior.ted or inadequate found.tions.
2. Defective or deterior.ted flooring or floor support:B.
3. Flooring or floor support of insufficient siz. to carry illlposed
loads and safety.
I
4. Members of wells, partitions. or other vertical support:a t:bat
split, le.n, list or buckle due to defective material or
deterior.tion.
5. Members of wells, partitions, or other vertic.l supportl t:bat .re
of inlufficient siae to c.rry i.posed loads with safety.
I. Members of ceilings, roofs, ceiling and roof supports or other
horizontal _mers lIIhich aag, split, or buckle due to defective
material or deterior.tion.
7. Members of ceilings, roofs, ceiling and roof supports, or other
horizontal _lIIbers th.t .re of insufficient slae to carry illlpOsed
loads with s.fety.
8. Fireplaces or chimneys which list, bulge, or settle, due to
defective material or deterioration.
I
9. Fireplaces or chimneys lIIhich are of insufficient size or Itrength
to carry iIIIpoled loads with safety.
10. Dangerous or deteriorating fences.
ld) Nuisance. Any nuisance .s defined in thele PIS.
(e) Baaardous Wiring. All "iring except that which conformed with .11
.pplicable l.ws in effect .t the tilDe of inst:Bll.tion and lIIhich has been
maintained in good condition and is being used in . safe manner.
(f) Baaardous Plumbing. All plUllbing except that lIIhich conforlled with all
.pplicable l.ws in effect .t the time of installation and lIhich has been
maintained in good condition and which is free of crOll connections and siphonage
bet:weeD fixturel.
(g) R..ardous Mechanical Jlquipllltllt. All IltIChanical equipment, including
vents, except that which confor_d with all applicable l.ws in effect at the time
of install.tion and which has been ..intained in good and s.fe condition.
lb) F.ulty ...ther protection, which shall include but not be lilllited to
the fOllowing:
1. Deteriorated, crUllbling, or looae plaster.
I
2. Deteriorated or ineffective wetar proofing of .xterior vallI, roof,
found.tiona, or floors, including broken "indows or doors.
3. Defective or lack of ....ther protection for .xter lor vall
coverings, including lack of paint, or _thering due to lack of
paint or other approved protective covering.
4. BrOken, rotted, split, or buckled exterior vall coverings or roof
coverings.
Resolution Number ,3;-59
'.'-~:
(1) Pire Ba.ard. Any building or portion thereof, device, app.r.tus,
equipment, COlIbu8tlb1e waste, or vegetation which, in the opinion of the Or.nge
CDunty Fire Werden Dr 1118 deputy, i. ill .uch a condition .. to caUH . fire or
explosion or provide . re.~ fuel to .ugment the apre.d and inten.ity of fire
explo.ion .ri.ing frOll any cau...
(j) Paulty lleteri.la of COn.truction. All ..teri.l. of construction except
tho.. which are apecifica1ly .llowed or approved by the.. PRS and the Building
Code, IInd which have been adequataly ..intained ill good and .afe condition.
I
(It) Ba.ardou. or VIl.enitary Premi.e.. '1'1Io.. premi.e. 01\ which en
~cCUllU1.tion of weeds, vegetation, jUllk, de.d organic ..tter, debr1a, g.rb.ge,
fal, r.t harborages, atagnant water, COIIIbu.tible ..teri.la, end aiJllilar
'teri.l. or condition. constitute fire, health or aafety baurd..
(1) Inadequate ..it.. All building. or portions thereof not provided with
adequ.te exit f.cilitie. .s required by the.. PIS except tho.. buildings or
portions thereof whose exit f.cilitie. conforlled with .11 applic.ble laws .t the
tilDe of their con.truction and which Ilave been adequately maintained .nd
incre...d in relation to any incre... in occapant load, alter.tion or .ddition,
or any ch.nge in occupancy.
1Ihen an uns.fe condition exi.t. through lack of or b1proper loc.tion of
exit., eddition.l exits may be required to be installed.
(n) Inadequate Fire-protection or Fire-fighting Bquipment. All buildings
or portions thereof which are not provided with the fire-re.i.tive construction
or fire-extingu18hing ay.tems or equipment required by the.. PIS, except those
buiidings or portion. thereof which confor_d with .11 .pplicable 1.... .t the
tiJlle of their construction and whose fire-resistive integrity IInd fire-
extinguishing aysteas or equiplll8nt Ilave been adequately mailltained .1lI! illproved
in relation to any increa.. in ocucpant load, alteration or addition, or any
change in occupancy.
I
(0) IJIproper Occapancy. All buildings or portions thereof occapied for
living, a1eeping, COOking or dining purposes which are not de.igned or intended
to be ueed for auch occapancies.
C2lapter 11
IIIIBRGY CXlHSBRVA'1'ION
GBNBRAL
Sec. 1101. I.) Bnergy Bfficiency Performance Requirement. ApprOpri.te
energy-eon.erving illlprovell8nts such .s insul.tion, c.ulking, and we.ther-proofing
m.t be accclIIIplished by the owner as part of the reh.bilitation under this part,
provided th.t the.. 1I1lrovements .re determined to be cost effective over .
period of 15 ye.rs.
(b) Brlergy Con..rv.tion requirements in IleW Building Construction .hall
COIIIply with Ch.pter 53, Appendix of the D.B.C.
Chapter 12
1IBQtJIRBMEN'l'S FOR PHYSICALLY IlANDICAPPBD
GBNBIW.
I
Sec. 1201. la) Units eccODDOdating phyBic.lly handicapped occapants with
wheelchairs and other speci.l equipment sb.ll not contain .rchitectural barriers
which illpede .ccess or u... Handr.ils.nd r.ll;ls .hall be provided ..
.pprOpri.te.
BLldeclll5119
t/19/83
Resolution jlul'lber .fJS$9
. ,
, ..
. !
.lbcltibit B
C'ont'ract No;'
C40270
--
." .
,
,
.
LOS ANGELES
COUNTY
995.04
:\ i
,,'
"
I I
"
,
., .
,
.
PACIFIC
, OCEAN
Location of Proposed Activities
Percent L/M Income In
, Service Area .
1. Public Facilities sod Improvements: _
.
1. 54%
"
2. Rehabilitation of Private Properties:
Shaded Area
2. Same as Target Area: 54%
"
, ,
.' ..'
~'
r
1".1000'
. .
"
. ....,
HouIIQ8/Communlty DevtIopment \...
f!J SEAL BEACH ,.'
ENVIRONMENTAL MANAGEMENT AGENCY' , ~
, -.-
.. . ... . ~
I
, - ,
~. . w.
I
_.:':':r;.__..._