HomeMy WebLinkAboutCC Res 3340 1983-11-28
RESOLUTION NUMBER ~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH ADOPTING A COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONTRACT WITH THE COUNTY
OF ORANGE IN APPLYING FOR FUNDS FOR LOW INTEREST
LOANS UNDER THE HOUSING AND COMMUNITY DEVELOP-
MENT ACT OF 1974
WHEREAS, the City of Seal Beach has chosen to apply for a
grant under Title I of the Housing and Community
Development Act of 1974; and
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WHEREAS, the City has entered into a Cooperation Agreement
with the County of Orange to make application for
funding under the Ninth Year of the Program; and
WHEREAS, this contract for low interest loans 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 Council of the City
of Seal Beac~:aJif~nia, at a meeting thereof held on
..?g~day of tt:~ IIh. ::;S1983' b,y ~e :c;.?~n~te: ( ~/
AYES: counci1membe~I(cpA.~~~h
NOES, Co'"'i'....." ~<<< . Q' ~
ABSENT: Counci1members ~
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' y Clerk
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the foregoing resolution is the original
copy of Resolution Number e5a~ on file in the office of the City
C1e k, passed, approved and adopted by the City Council of the City
of 1 eac at a regu 1 ar meeting thereof held on the o<I)t(! day
of 1983.
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Resolution Number ;Jgj~
Contract No. C4000S
COUNTY OF OJWlGE
BNVIROHMENTAL MANAGEMENT AGENCY
HOUSING AND COMMIlNI'1'Y DEVELOPMENT CONTRAC'l'
1 '1'I~ OF PRDJBCT; Rehabilitation of Private Properties (113.2)
2 IIBMORAIIDllM OF CONTRAC'l' entered into this
S 1'_"
4 BY AND BB'1'IIEEN
48y of
,
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6
CI'l'Y OF SEAL BEACH, a municipal
corporation, hereinafter referred to as
crn.
7 and
8 COUNTY OF OJWlGE, a political subdivision of
the State of California and recognized Urban
9 County under the Pedera1 Rousing and
CoaDunity Development Act of 1974 (Public
10 Law '3-383), as amended, hereinafter
referred to as COUN'l'Y.
11
12 WHEREAS, COUNTY and CI'1'Y previously entered into a Cooperation Agreement,
13 dated November 24, 1981 in which both parties agreed to cooperate in the
14 undertaking, or assist in the undertaking, of community development and housing
15 assistance activities, and
16 WBEREAS, the CI'1'Y has submitted to the COUNTY an application for funding of
17 a project hereinafter described, and
18 WBEREAS, the COUNTY has entered into aeparata agreement 48ted August 2, 1983
19 with the U.S. Department of Housing and Urban Development (hereinafter designated as
20 BUD) to fund said pr~ject under the Bousing and CamIIunity Development Act of 1974
21 (Public Law !13-383), as amended (hereinafter referred to as ACT).
22 WBEREAS, the COUNTY has established a RClDe Improvement Program and has
23 entered into individual agreements to administer said progr8111 with BUD, California
24 State Department of Housing and ec.nunity Development and a local lending
25 institution(s), and
26 WHEREAS, the CITY has requested COUNTY to illlpleaent the CI'1'Y's Housing and
7:1 CClIIIIIlunity Development Project entitled Rousing Rehabilitation and funded from Block
28 Grant funds (113.2) for ($20,000.00).
1 BOW, 'l'BEREP'OllE, 1'1' IS Mtl'1'UALLY AGREED by and between the parties that the
I 2 following prOVisions lined as well as all applicable Pederal, State and'County laws
3 and regulations including the attached SPECIAL PROVISIONS, identified as Exhibit
4 -A-, and Bxhibits -B- and -C., are part of this Contract.
5 1. 'l'he COUNTY will adlllinister CITY aIIG rehabilitation funds to implement
6 the Housin~ Rehabilitation Project described herein as project, which will provide
7 low-interest loans, deferred payment loans, grants or rebates for home improvement
8 of privately owned properties primarily in the CI'l'Y's target area and spot housing
Resolution flumber ,,~~
9 rehabilitation within the CITY's boundaries (see attached map Exhibit WBW), in
10 accordance with the COtJIITY's IIoIIIe Improvement Prograa (see Exhibit wCw of this
11 Contract) as approved and amended from time to time ~ the Board of Supervisors.
12 The project is to primarily benefit low- and moderate-income families.
13 2. The total project funds available for loans, grants and rebates and
14 administrative costs hereinafter provided for in Section 5 of this Contract will not
15 exceed $20,000.00 (Twenty Thousand Dollars and no/100). It is agreed ~ all parties
16 that all funds shall be expended prior to Decelllber 31, 1984.
17 3. The CITY agrees to advertise the program and to provide outreach efforts
18 to prospective clients on an ongoing besis to promote loans, grants and rebates from
19 available project funds. In the event that all funds for this project are not
20 expended ~ Decelllber 31, 1984, thil!! Contract may be terminated at the discretion of
21 the ~Y.
22 4. The CITY agrees to provide appropriate office space to the (x)llN'l'Y, as
23 needed for the project, including use of a desk and a telephone.
24 5. '1'he CITY agrees to pay from project funds identified in Section 2 of
25 this Contract administrative charges for costs incurred by COUII'1'Y staff not to
26 exceed 20' of the total project funding aJIIOUnt stated in Section 2 of this Contract.
'J:1 6. Whenever available and feasible, funds may also be used to administer
28 the CITY's BUD 312 Program. Other funding sources once approved ~ the Board of
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1 Supervisors for the Bome Improvement Program may be added to this agreement ~
2 IUtua1 consent of the Director of (x)llN'l'Y's Environmental Management Agency and the
3 CITY .
4 7. All program income pursuant to 24 CPR 570.506 (c) which may be derived
5 from fUnding through this contract will be allocated to and will be used to further
6 the Countywide Rehabilitation Program.
7 8. Neither COtlIfl'1'Y nor any officer nor ell;)loyee thereof shall be responsible
8 for any damage or liability occurring by reason of any action or omission of CITY or
9 its agents, associates, contractors, subcontractors, materiallllen, laborers, or any
10 other persons, firma, or corporations furnishing or supplying work service, I
11 materials, or supplies in connection witb CITY's performance of this Contract and
12 from any and all claims and losses accruing or resulting to any persons, firm or
13 corporation for personal injuries or property damage reSUlting from or as a
14 consequence of, CITY's perforlllllnce of this Contract under or in connection with any
15 work, authority or juriSdiction delegated to CITY under this Contract. It is also
16 understood and agreed that, pursuant to California Government Code Section 895.4,
17 CITY shall fully indemnify, defend and hold ~Y barmless from any liability
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18 imposed for injury (as defined by California Government Code Section 810.81
19 occurring by reason of any actien Dr OIIissien of C1'1'Y WIder Dr in connection with
20 any work, authority Dr jurisdiction delegated to CI'l'Y under this Contract. CITY
21 8hall act in an independent capacity and not as officers, ttIIployees Dr agents of
22 COllR'l'Y.
23 9. Reither Crry nor any officer nor employee thereof 8hall be responsible
for any ~ge or liability occurring by reason of any action Dr ClIIIiss10n of COUII'l'Y,
its agents, associates, contractors, subcontractors, uteriallllen, laborers, Dr any
other persons, firllS, or corporations furnishing Dr supplying work, service,
..teria1s, or supplies in connection with Q)UNTY's performance of this Contract and
frCllll any and all claims and 10ases accruing Dr resulting to any persons, firm Dr
corporation for personal injuries Dr praperty damage resulting frOll Dr as a
consequence of COUJl'1'Y's performance of this Contract, under or in connection with
any work, authority or jurisdiction delegated to COUR'1'Y under this Oonteact. It is
also understood and agreed that, pursuant to California Government Code Section
895.4, Q)UlI'l'Y shall fully inde\llllify, defend and hold CI'l'Y harllless from any
liability imposed for injury (as defined by California Government Code Section
810.8), occurring by r.ason of any action or omission of CODNTY under or in
connection with any woek, authority or jurisdiction delegated to COtlN'.l'Y WIder this
Contract. ~y shall act in an independent capacity and not as officers,
employees or agents of crry.
10. In the event of CITY's failure to comply with the provisions of this
Contract, CODNTY I18Y withhold funds andlor allocate funds to another activity
13 considered by the ClOUR'l'Y to be in compliance with the Act.
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Resolution Number ~~
1 IN WITIlBSS 'l'BBRBOF, CITY has caused this Contract to be executed by its
2 Mayor and atteat.ell by ita Clerk and COUN'rY haa caused t.his Cant.nct. to be executed
3 by the Chairman of the Board of Supervisors and certified by its Clerk, all having
4 been duly authorized by the Cit.y Councll of CITY and the Orange County Board of
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5 Supervisors.
Dated:f(l.l.Ju"te.tJ~ 19~~
<:--
( ~~,
City Clerk
15 Dated:
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CITY OF SEAL BEACH
By ld- ,J. ~
(X)ll!l'1'Y OF ORANGE, a political subdivision
of the State of California
By
Chalrman of the Board of Supervison
16 COUNTY
17 SIGNED AND CERrIFIED '.l'IIAT A (X)PY OF
TIllS DOCUMENT BAS BEEN DELIVERED TO
18 1'IIE CHAIRMAN OF TIlE BOARD.
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20
JtI!lE ALEXANDER
21 Clerk of the Board of Supervisors
of Orange County, California
22
23 APPROVED AS TO FORM:
ADRIAN IWYPER, COUNTY (X)U!lSEL
24 OlWlGB COllN'l'Y, CALIFORNIA
: By -fJ~
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Resolution rlumber ~:. ~
- F,~}
lZhibit -A- to COURTY/CITY Contract
8PBCIAL PIlOl7ISIClHS
A. Section 3 - ea.Dliance With the Provision of ~raininQ Bmolovment an~
Business ODDortunity
'fbe CI'l'Y 8ba11 cau.e or require to be werted in full in all contracts
~ .ubcon~acts for tIOrk financed in whole or part with federal financial
..si.tence provided under this COntract, the Section 3 clau.e aet forth in 24 CPR
135.20Ib). 'l'be CITY will provide auch copie. of 24 CPR Part 135, as ..y be
neces.ary for the information of parties to contracU required to contain the .aid
Section 3 claUle.
Section 3 requires that to the graatest extent feasible, opportunities
for training and .-pl~nt be -.de available to lower income re.idents within the
unit of local government or metropolitan area lor non-.etropolitan county), in which
the project ia located. In addition, to the greatest extent feasible, contracts for
tIOrk in coMection with the project shall be awarded to business concerns which are
located in, or in substsntial part owned b,r, persons residing in the lame unit of
local goverlllllent or metropolitan area lor __tropolitan county), in which the
project is located.
'1'he perties to this contract will COIIIPly with the provisions of laid
Section 3, and the regulationa i..ueeS purluant thereto b,r the Secretary of Bousing
and Urban Development aet forth in 24 CPR 135, and all applicable rules and or~ers
of the Department i.sued thereunder prior to the ..ecution of this contract. ~he
CITY ahall take appropriate action pur.uant to the aubcontract upon a finding that
the aubcontractor i. in violation of regulations iasueeS b,r the Secretary of lousing
ad Urban DevelopDent, 24 CPR 135. 'file contractor will DOt aubcontract with any .ub-
contractor wbere it baa notice or k_leeSge that the letter baa been found in vio-
lation of regulationa under 24 CPR 135. 'l'be partie. to this contract certify and
agree th.t they are under no contractual or other 4isability wbicb tIOuld prevent
tbB froa ~lying with these requir_nU. (Source. Vol. 38, .0. 203, ~itle 24
CPR 135)
B. lIeNal Bmolonlent OIlIlortunity
In oarrying out the program, the CJn aball not 4i.cri.inate against any
.-ployse or applicant for empl~nt because of race, color, re11gion, .ex or
national origin. 'l'be CITY ahall take affir..tive action to insure that applicants
fo.! .-pl~nt are employed and that employees are treated 4uring employment,
without regard to their race, color, religion, AX or national origin. Such action
shall include, but not be limited to, the following. employment, upgrading,
4emotion or transfer, recruitment advertising, l~yoff or terminationl ratGB of pay
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or other form, COIIIp8nsation, am! selection for training, including appren\l1::lIlhlp.
'rile Crry sball post in coll8picuous places, available to elllPloyees and applicants for
8111Ployment, notices to be provided by tbe COUNTY setting forth the provisions of
this nondiscrt.ination clause. 'rile CITY shall, in all solicitations or
advertis...nts for elllPloy..s placed by or on bebalf of tbe CITY, state that all
qualified applicants will receive consideration for empl0fm8nt without regard to
race, color, religion, sex or national origin. Tbe CITY sball incorporate the III
foregoing requirements of this paragrapb in all of its contracts for program work
and will require aU of ita contractora for such work to incorporate such
requir_nts in all subcontracts for prograa work. Sucb contracts sball be subject
to BUD Bqual Bmployaent Opportunity regulation 24 CPR Park 130 as applicable to BUD
assisted construction contracts.
'rile CI'l'Y shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work or modification tbereof, as defined
in said regulations which is paid for in whole or in part with a..istance under the
COntract, the follOlling equal opportunity clause.
-During the per:fcmlllnce of this contract, the contractor agrees as
follows.
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1. !'be contractor will not discdainate agaill8t any employee or
applicant for eaployaent beeau.. of race, color, religion, sex or naUonal origin.
'rile contractor will take affir:uti.. action to ensure that applicants are 8IIPloyec!
and that eaployees are treated during eaplDyll8nt, without re<<Jud to their race,
color, religion, sex, or national or1CJin. Sucb action sban include, but not be
li11itec1 to, _ the following. Bmployaent, upgrading, d8llOtion or transfer, recruitment
"rUaing, layoff or tenainaUon, rates of payor other foraa of CCllllpensation and
selection for training, incllllUng apprenticesbip. The contractor agrees to post in
conspicuous places, available to 8IlIPloyees and applicants for elllployment, noUces to
be provided by the CITY setting forth the provisions of tbis nondiscrimination
clause.
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2. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of tbe contractor state that all qualified
applicants will recelve conslderation for elllploylaent without regard to race, color,
religion, sex or nationsl origin.
3. The contractor will send to each labor union or representative of
workers with wbicb he has a collecti.. bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representatives of
the contractor's c_1 tment under Section 202 of ZXecutive Order 11246 of SepteJllber
24, 1965, and shall poet coples of the notice in conspicuous places available to
elllployees and applicants for employment.
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Resolution Number ~~~~
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4. 'lbe contractor will camply with all proviaions of Executive Order
11246 of Se~r 24, 1965 and of the rules, regulations and relevant orders of the
Secretary of Labor.
5. '1'he contractor will furnish all information and reports required by
"ecuti". Order 11246 of Septelllber 24, 1965 and by the rules, regulations and order
of the Secretary of Labor or pursuant thereto and will perait a_ss to his books,
recorda and accounts by the DepartMnt and the Secretary of Labor for purposes of
investigation to ascertain co.pliance with such rules, regulations and orders.
6. In the event of the _tractor's nonlllllllpliance with the
IIClIIIUscrim.aation clauses of this _tract or with any of such rules, regulations or
arISen, this oantract ..y be aanceled, teraiaated or suspended in whole or in part
and the _tractor ..y be declared ineligible for further GogernDent contracts or
federally ..sisted oanstruction _tract in accordance with procedures authorized in
Bxecuti". Order 11246 of Septaber 24, 1965, or by rules, regulations or order of
the Secretary of Labor or .. otherwise provided by la..
7. 'lbe _tractor will include the portion of the ..ntenee i_diately
preceeding paragraph (1) beginning with the words -During the perforlllllnee of... - and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rule., regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of the "ecutive Order 11246 of September 24, 1965, .0 that
such prOVision. will be binding upon each subcontractor or vendor. '1'he contractor
will take such action with respect to any subcontract or purchase order as the
DepartMnt ..y direct as a ..ans of enforcing such provisions, including sanctions
for nonCOlllpliance, provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
reault of auch direction by the Departllent the aontractor ..y request the United
States to enter into such litigation to protect the interest of the United StateB.
'lbe CITY further agrees that it will be bound by the above equal
opportunity claus. with r.spect to its own .-p~nt practices when it participates
in federally assisted aonstruction work. '1'he above equal opportunity clause is not
~licable to any agency, instruaentality or aubdivision of such CI'1'Y which does not
participate in work on or \liliieI' the _tract.
'lbe C1'1'Y agrees that it will ..sist and ClOClperate acU".ly with
co...rn, IIIlD and the Secretary of Labor in obtaining the cx.pliance of _tractors
and subcontractors with the equal opportunity clau.. and the rule., regulations and
relevant orden of the Secretary of Labor, that it will furnish the COIJlftlC, BUD and
the Secretary of Labor auch iafol'llBtion aa they IIlly require for the supervisions of
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Resolution Number ~~~~
auch Gallpliance, ana that it "ill othenrbe aaabt tile above parties in the
diMlharge of ita prilllary responsibility for aecuring cc.Pliance.
'lhe CITY further agreea that it "ill refrain fr_ entering into any
con~ract or contract acdification aubject to Bxecutive Ordsr 11246 of September 24,
1"-5, "ith a contractor debarred fr_ or who has not d.-nstrated eligibility for,
Gover~nt contracta and federally ..sisted construction contracts purauant to the
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executive order and "ill carry out auch aanctiOllll and penalties for violation of
equal opportunity clause aa ..y be iIIpo8ed upon contractors and aubcontractors by
BUD or the Secretary of Labor pursuant to Part II, Subpart S of the Blcecutive Order.
In addition, the CITY agrees that if it fails or refuses to camply "ith these
undertakings, the COUNTY .ay take any or all of the following actiollll: Cancel,
terminate or suspend in "hole or in part the grant or loan guarantee, refrain from
extending any further assistance to the CITY under the progra.. "ith respect to which
the failure or refusal occurred until satisfactory assurance of future compliance
bas been received from such CCllI'r1lAC1'OR. (Source: BlCD punding Agreement 14 and
Bxecutive Order 11246, Part II, Subpart S, Section 2021
C. Pederal Labor Standards
Blccept "i th rellpect to the rehabili tation of residential property
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designed for residential uee for less than eight fuilies, the CITY and all
contractors engaged under contracts in excess of $2,000.00 ('l'wo "housand Dollars and
nollOOI for the construction, pr~ecution, -.letion or repair of any building or
work financed in whole or in part "ith assistance provided under this contract,
ahall camply "ith BUD requir_nta pertaining to auch contracta and the applicable
requir_nta of the regalatione of the Departllent of Labor under 2. CPR Parte 3
(COpeland Actl, 5, and Sa (Davb-Bacon Act), fOftrning the peyaent of "ages and the
ratio of apprentices and traineea to joumeymen, Provided, that if ...ge rates
bigber than tho8e required under auch regalatione are t.poaed by atate or local law,
notbing bereunder ia intended to relieve tile Oft of ita obligation, if any, to
require pay.ent of tbe bigher rates. '1'he CI'1'1' ahall cauae or require to be inserted
in full, in all auch contracta aubject to such regulations, provisiona _eting the
requir_nta of 2t CPR 5.5 and for such contracta in excesa of $10,000, 2. CPR 5a.3.1
the -Pedera~ Labor Standards Provisions- (BUD 4010) are ..de part of this contract.
110 award of the contracts covered under this section of the contract
aha11 be ..de to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Departllent of Labor to receive an award of such
contract. (Source, BICD Funding Agreement 17)
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All doc_nts .uIlIIIitted by the CI'l'Y to the COlJN'1'Y which are required
for ~liance with the Pederal Labor Standards, .ball be certified as being true,
accurate, and complete by the City Bngineer or the Director of Public Works.
(Source. Orange COunty B/CD)
D. Ron-Discriaination
'lbe CITY in any activity directly or indirectly financed under this
contract, .ball comply with.
1. ~itle VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and
the zegulations i..ued punuant thereto (24 CPR Put 1), which provides that 110
pezson in the United States shall on the gZOlDlds of zace, color, or national origin,
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be excluded f&'Om partiCipation in, be denied tbe benefits of, or be otherwise
.ubjected to discrillinatiCll\ under any pzogram oz activity foz which the applicant
zeceives Pedezal financial a..istance and will t..aediately take any ..asures
_._y to effectuate this a.surance. If any zeal pzopezty oz .tructuze thereon
i. provided oz illpzone! with the aid of Pedezal financial a.si.tance .xtended to the
QP1icant, tIli. a.suzance .ball obligate the applicant, oz in the cue of any
Uanaf.z of .ach pzopezty, any tranafezee, foz the period during which the zeal
property or .tructuze is used fOl: a purpose fOl: wbich the Pedezal fin8ncial
a..i.tance is extended, oz for anothez purpoee involving the provisiCll\ of .iIIilar
service. oz benefit..
2. ritle VIII of the Civil Rigbts Act of 1968 (Pub. L. '0-284), as
_nded, adllini.tering all pzogr... and activities zelating to !Iousinv and _unity
cJeve10pllent in a Milner to affirmatively furthez fair !lousing, and will take action
to affinl8ti!8ly fuzther fair !lousing in the .ale oz zental of bousing, the
fiaancing of housing, and the provi.ion of brokerage services.
3. Section 109 of the Rousing and ec.aunity Development Act of
1'74, and the zegulations i.aued pur.uant thereto (24 era Part 570.601), which
provides that no person in the United States shall on the gzounds of race, color,
DlItional origin, or .ex, be excluded frCllll participation in, be denied the benefits
of, or be .ubjected to discrimination under, any progra.. or activity funded in wbole
or in part with funda provided under this Put.
4. Bxecutive Order 11063 on equal opportunity in !lousing and
nandi.criaination in the .ale or rental of !lousing built with Pederal a.sistance.
(Source. Vol. 43, Bo. 41, ~itle 24 CPR Put 570.307 (L 1-4))
B. Accessibility/Dsability of Pacilities and Buildinqs for PhysicallY
BandicaDPed
'lbe CI'l'Y in any activity directly or indirectly financed under this
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contract ahaU require every building or facility (other t:IIan a privately owned
re.idential structure) designed, constructed, or altered with funds provided under
this Part to ca.ply with the ....rican Standard Specifications for Making BUildings
and racilities Accessible to, and Usable by, the Physically .andicapped,. NlIIIber A-
117.1-. 1'71, .abject to the exceptions contained in 41 CPR 101-1'.604. ~he CITY
will be re.ponaible for conducting inapections to inaure ao.pliUICe with these I
8peCifications by sny contractor or .ubcontrsctor. (Sourcel 24 CPR Part 570.307(&11
r. "location
1. fte ern in sny activity cUrectly or incUrectly flnllllCed under
tbi. contract sbell.
a. '1'0 the grestest e.tent practicable under Btete law, COClIply
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with SectiOll8 301 and 302 of 'ritle III (Uniforll leal Property Acquialtion Policy) of
the Uniforll Relocation Asdstence and Real Property Acquisition Policies Act of 1970
and will ca.ply with SectiOll8 303 and 304 of ~it1e III, and BUD illpl_nting
instructi~ at 24 CPR Part 42, and
b. Inforlll affected persons of their rights and of the
acquisition policies and procedures set forth in the regulations at 24 CPR Part 42
and 570.602(b).
I
2. ~be CI'l'Y sball alsol
9 a. CcIIply with 'ritle II (lJn1fora Relocation Assistance) of the
10 lJniforlll Relocation Assistance and Real Property Acquisition Policies Act of 1170 and
11 BUD impleMnting regulations at 24 CPR Part 42 and 570.602(a)r
12 b. Provide relocation payJIents and offer relocation assistance
13 as described in Section 205 of the Unlfora Relocation AsBlstance Act to all persons
14 displaced as a result of acquisition of real property for an activity assisted under
15 the CcIcIIIunity Developllent Block Grant Program. Such paymenl:8 and assistance sball
16 be provided in a fair and con.~Btent and equitable ..nner that insurea that the
17 relocation process does not result in different or separate treatlllent of such
18 persons on account of race, color, religion, nationsl origin, sex, or source of
19 inCOlDe,
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3. Assure thst, within a reasonable period of tiM prior to
21 dlaplac_nt, COClIpBrable decent, safe and ..nitary replaceMllt dwellings .ill be
22 available to all clisp~d fsaUies and individuals and that the range of choices
23 available to such per_ .ill not ..ry on account of their race, color, religion,
24 national origin, ..., or SOQrCl8 of illCClClll, and
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Resolution NUr.1ber 3~Qo
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4. Infor. .ffecte4 per80ns of the r.loc.tion ..ai.tance, policies
and procedur.. ..t forth in the r.,ulationa .t 24 CPR P.rt 42 and 570.602(a).
(Source: Vol. 43, 10. 41 ~itle 24 CPR Part 570.307 (n . 0))
G. Lea4-aase4 palnt "sarli.
ft. _traction or r.babilitation of r..lllential .tructures with
...i.tance prOYilled _er this COntr.ct i. .ubj.ct to the IIlJI) Lead.....e Paint
ngu1.ti~, 24 CPR P.rt 35. Any ,rants or !ans ..de by th. CIt'Y or _rk perforsed
by tbe CIt'Y for the rehabilitation of resl4ential .tractur.. wlth ...latance
pr~i4e4 \UllSer thi. COntract shall be ..ae .ubj.ct to the prOYiaions for the
.lblination of laall-ba.e paint balarda an4er .ubpart B of .aid regulations .nd the
crrr eball be r..ponsible for the inspectiona .nd certific.tions required under
Section 35.14(f) thereof. (Source: B/CD Funding Agr_nt IS .nd 24 CPR Part 35)
B. Flood Dleaster
~his COntract i. .ubject to the requlr_nts of the Flood Dis.ster
Protection Act of 1973 (P.L. 13-234). .0 portion of the a..iatance prOYlded under
thi. Contract i. .pproved for .cqulsition or construction purposes as defined under
Section 3(a) of .aill Act, for use in an area identlfied by the Secretary as having
epeeial flood halard., which is located in a co..unity not then in caepliance with
the requireaents for particlpation in the national flood in.ur.nce program pursuant
to Section 201(d) of Said Act, .na the use of any .ssistance provided under this
COntract for .ach acqulaition or constraction in .ucb i4entifled are.s ln
co..unitiea then participating in the national f100d insurance program shall be
.ubject to the lISJIdatory purchase of flood insurance requlr..ents of Section 102(a)
of .ald Act.
Any Contract or Agr....nt for the .ale, l.ase or other transfer of land
acqulred, cl.ared, or b1prOYed with ..slltance prOYi4ed under thll Contract .hall
oontain, if .uch land is located in an area lcJentlfled by the Secretary as havlng
epeeial flood balar4s and in which the .ale of f~ insurance baa been ..ae
...i1able 1Ift4er the .ational Flood Insurance Act of 1168, .. ..naea, 42 V.S.C. 4001
.t .eq., prOYisiOllll obligating the tranaferr.. and ita .uccessor. or asaignees to
obtain and ..intain, during the _r.hip of .ach land, .uch flood inauranee as
required with napect: to financial ...i.tance for IIlllIUlaltion or construction
1 purpos.. UIIlIer Section 102(a) of the Flood Disastar Protection Act of 1973. Such
2 prOYialon. aball be required IIOtwithstanding the fact that the construction on such
3 1an4 is not itself funded wlth a..i.tance prOYic!e4 under this COntract. (Source:
.( BlCD Fan41119 Agr_nt 13)
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~esolution [lumber :Ja~
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: '!'be CJ'l'Y llhall ClCIIIIPly with the provi81onl1 of Bxecutive Order 11296,
relating to evaluation of flood ha.ards and Bxecutive Order 11288 relating to the
prevention, control, and abat_nt of vater pollution. ISourcel Vol. 43, 110. n,
~itle 24 CPR 570.307Ij))
I. CoaIPUance with Air and Water Acts I
The CITY shall cause or require to be insertea in full in all nonexemp
contracts or subcontracts for work furnished in whole or in part b7 the grant
contracts, the following requirements Iprovided that contracts, subcontracts and
subloans not exceeding $100,000.00 lOne Hundred Thousand Dollars and no/100) are
exempt frOlll this partl
'l'his Contract is subjsct to the nquire.nts of the Clean Air Act, as
_n4ed 42 USC 1857 et aeq., the Federal Water Pollution Control Act, .. amenalld 33
use 1251 et seq., and the regulations of the Bnvir_ntal Protection Agency with
respect thereto, at 40 CPR Part 15, .. _n4ed fr~ t1lle to t1llle.
In ClCIIIIPliance with said regulationa, the CITY ahall cause or require to
be inserted in full in all contracts and subcontracts dealing with a~ non-exempt
transaction thereunder funded with assistance p&'ovided under this contract, the
I'
following requir...ntsl
1. A stipulation by the contractor or subcontractors that any facility
to be utilhed in the perfonance of any JIOII-elUllllPt contract or subcontract is not
listed on tbe list of Violating Pacilities issued by the Bnviron.ental Protection
Agency IBPA) pursuant to 40 CPR 15.20.
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2. Agr....nt by the contractor that be ,,111 COIIIPly with all the
requir_nts of Section 114 of the Clean 1.11: Act, .. -nae4 (42 use: 1857c-8) and
Section 308 of the Pederal Water Pollution control Act, .. _nded 133 USC lUI)
relating to inspection, _itor1ng, enUy, reporta and I.IIfor_tion, as well .. all
other requir...nts specified in said Section 114 and Section 308, and all
ragulat101U1. and ,lIideUnes issued thereunder.
. 3. A stipulation that .. a condition for the award of the contract
prCIIPt notice "ill be ,ben of any notification received fr~ the Director of the I
BPI., Office of rederal Activities or any agent of that office, that a facility
utilized or to be utilized for the contract 18 an4ar consideration to be listed on
the BPI. list of Violating Facilities.
4. An Agre...nt by the contractor that he ,,111 include or cause to be
included the cdteria an4 require_nta in para,raph (1) through 14) of this section
in every non-exempt subcontract and requiring that the contractor will take such
action as the Goger_nt _y direct as a .ans of enforcing such provi81ons.
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Resolution Number .;3;:,~
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In no event .hall any UIOunt of the a..iatanc:e provided under this
contract be utiliaed with re.pect to a facility which has ,iven ri.e to a conviction
under Section 113 Ie) (1) of the Clean Air Act or Section 309 (c) of the 'ederal Wster
Polluti~ COntrol Act. (Source. B/Q) PuDding Agr_nt '6)
J. ManaG_nt CalaPUance
'IIIe crfY in any activity 4irectly or incUrec:tly financed under this
contract shall ~ly with the regulations, policies, ,ui4elin.s and requir_ents of
OIIB Circular Wo. A-102, Ilevi.ed, and 'ederal MaIl89_nt Circular 74-4: Cost
principl.s applicable to ,ranta and contracta with State and local fO'I.r_nt., and
.ederal llanag_nt Circular 74-7. Unifora Adaini.trative a.quir...nta for ,rant-in-
ai4 to State and local fOftr_nta a. they relate to the application,
ecJaini.tration, acceptance and .. of .ederal fund. under this 'art. (Source: Vol.
e3, 10. 41, ~itle 24 CPR 'art 570.307(,))
1[. Obliaation. of Contractor with ".DeCt to Certain 'l'hird partv
..laUon.hillll
De cn'Y lIJlall r..in fully obli,ated un4er the provi.ion. of this
ocmtract notwithstanding ita de.ignation of any third party or parU.. for the
undertaking of any part of the progr.. with r..pect to which a..i.tance is being
provided und.r this contract to the crl'Y. Such third party or parU.. shall CllIIIPly
witli .11 lawful requir_nts of the CI'1'Y nec....ry to iuur. that the program with
respect to which assistance is being provided under thia contract to the CITY is
carded out in accordance with the Crry'. as.urances and certifications, including
those with respect to the a..umption of environmental responsibilities of the CITY
under SecUon 104 (b) of the B~using and c:o.aunity Developaent Act of 1974. (Source:
B/Q) 'unding Agree..nt It)
L. Interest of Certain 'ederal Officials
Wo aellber or Delegate to the Congress of tbe United States and no
Resident CoIIIIIissioner, shall be admitted to any sbare or part of tbis contract or to
any benefit to adse frCllll the s_. (Source: B/Q) Puneling Afr_ent 110)
M. Interest of Melllbers. Officers or -"lovees of crn. Members of Local
GoverninG Bodv or Other Public Officials
RO Mllber, officer or UIPloyee of the CIDUIl'1'Y or Crry or its designees or
agents, no llellber of the governing body of the locality in whicb the program is
aituated and no other public official of such locality or localities who exercise
any functiOJl8 or responsibilities with respect to the progr.. dudng his tenure or
for one year thereafter, llhall have any interest, direct or indirect, in any
Resolution ilur;;oer .5..530
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contract, .ubcontract or the proceed. tbereof, for work to be performed in
connac:tion with the peogr.. a.&i.ted under thiB contract. 'fbe CJft .hall
incorporate or cau.e to be incorporated, in aU .uch contrllClta or aubcontract. a
proviaion prohibiting .uch intere.t pur.uant to the purpoee. of this nction.
(Source I &/CD Punding Agr_nt III and Vol. 43, 110. 41, 'fiUe 24 era 570.307(p))
.. Prohibition Aaainat pa"..nts of Bonus or CcBIi..ion
'l'be a..iatance provided under this contract .heU not be u.ed in the
pe,..nt of any bonu. or _i..ion for the purpMe of obtaining BUD approv81 of the
QIllication for auch a..i.tance or BUD approval of application for additiOlllll
...i.tance of any other approval or concurrence of BUD required under this contract,
provided, boI!e9tlr, that reallOllable f... or bona fide technical, consultant,
MJligerial or other .uch ..rdce., other than actual aolicitation, are not hereby
prohibited if othenriBe eligible as prograa co.t. (Source I BlCD Punding Agre_nt
112)
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O. .atch Act CClIIIlliance
'l'be CIft and COOIlTY .hall CCllIIply with the provision. of the .atch Act
which llait. the politlcal activity of eaploy.... (Sourcel Vol. 43, Ro. 41, Title
24 CPR Part 570.307(q))
P. Definitions
'fhrougllout th..e Special Provisions the _aning of words shall be that
..aning gi9tln by the act, regulation, Bllecutlve Order, Pederal Management Circular,
agree.nt, or rule cited herein a. the aource for the section in which the word
appears. (Source I Orange COunty COunael)
Q. !!2!!.
Pederalllanag_nt Circular 74-7 has been replaced with Office of
Management and Budget (OMB) A-l02.
III
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Jill ktbllllO III
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Resolution :lUfflber .:s~~
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110MB INPROVBMBNT ,ROGRAM
POLICY IIAIIUIoL
CXlUftY OP ORANG!
BNVIIlONMEII'.L'AL JlANAGBMEII'.L' AGENCY
lOUSIIIG/CCIIMlJNI'I'lr DBVBLOPMEN'I' 'ROGRAM OFFICE
1200 II. Main Street, Buite 600
Banta Ana, California '2701
Approved by the Board of Baper"i8ou
May 10, 1'83
EXHIBIT "e"
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Resolution [lumber ~~~
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110MB IMPRDVBMEN'1' PllOGRAM POLICY IIMUAL
~able of Contents
Page
General Provisions i
Section 1 LOll IH'l'BRES'l' LOANS
1.01 Low Interest Loans 1
1.02 Eligibility Requirements 2
1.03 Rental Property 4
1.04 IIobUehOllle 5
1.05 Applicant'S Income 5
1.06 IRA Title I Insurance 7
1.07 Eligible Improvements 7
1.08 ~mporary Relocation Assistance 8
1.09 'rocessing Low Interest Loans 10
1.10 ~ruth-In-Lending Requirements 15
I Section 2 IlBFERRED PADIEN'1' LOANS
2.01 Deferred 'ayment Loans 15
2.02 Approval of Deferred Payment Loans 16
2.03 Eligibility Requirements 16
2.04 Applicant'S Income 17
2.05 Bligib1e Improvements and Costs 17
2.06 ~rary Relocation Assistance 19
2.07 processing Deferred Payment Loans 19
Section 3 SPO'1' RBIIABILI'I'A'l'ION LOANS
3.01 Spot Rehabilitation Loans 20
3.02 'rocessing of Spot Rehabilitation Loans 20
Section 4 RBIIABILI'l'A'I'ION GIWI'1'S
4.01 Rehabilitation Grants 20
4.02 'rocessing Rehabilitation Grants 21
APPBlmIX A PllOPER'l'Y RBIIABILI'l'ATIOR S'l'AHDUDS 22
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Resol uti on Number .;s~ae
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IIClMI!: DlPIlOVBMBHT PllOGlWI
General Provision:
A. PurpOse of ProqrllJll
'lbe IIoIIe IlIIPrOv_nt ProgrllJll provides below ..rket interest rate
loans and grants to rehabilitate residential properties throughout
unincorporated areas of Orange County, and in particulsr areaa designated
by the Bousing and eo-unity Developaent progr.. Office (B/Q)) and
approved by the U.S. Department of Rousing and Urban Deve10plllent
(BUD). '!'be pd..ry objectives are to upgrade and preserve viable
urban _unities to principally benefit penon8 of lDw/lllOderate
income.
I
8. Distribution of Punds
'!'be rehabilitation and preservation of bousing i8 one of the key
eligible activities perllitted and encouraged by tbe Q)BG Act. The
County Board of Supervisors, in keeping with the intent of the legislation,
authorbed a a1gnificant portion of its amual CDBG funds to be used
for a ROlle Improve..nt Program. A ainimum of 70 percent of these
approved B/Q) funds ahall be reserved for loans and grants to low/lllOderate
income, quslified applicants, and a lIUiIlwa of 30 percent to other
qualified target-area residents.
C. Punding Sources
Major funding _s frOll the Rousing and c:o.aunity Developaent Block
Grant Act (CDBG) of 1974, as uended, by the United States Bousing
and Urban Developaent Depart:llent (BUD). Additional funding sources
..y include, but not be 11llited to, other federal or state progr8111S
as svailable, plus pdvate funds which ..y result frOlD leveraging.
When necessary, one or lIOn funding sources ..y be used to cover the
entire cost of rehabilitating a particular housing unites).
D. Applicability of Other PederallState Requlations
While all rehabilitation loans are aubject to the requir...nts of
this ..nual, there are BpeCial provisions and Imitations on the
..king of rehabilitation loans depending on the type of project or
progrllJll area. Consequently, in ac!cUUon to the provision. of tbis
pOlicy Manual, rehabilitation loan. ..de on property under this program
are subject to the rules and regulations of the CDBG Act of 1174 as
_nded, by BUD, and regulations governing the use of otber state or
federal funds which ..y becC1118 available.
B. Pinancial Institutions
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'!'be Board of Supervisors approved agr....nt. with tMo financial institution.,
wbich enable. lDw/lllOderate incC1118 cUenta to receive low interest
loan. for rehabilitation of aingle-family and multi-family unit..
'!'be Board ..y approve additional financial institutions, a. approved
by BUD, to participate in this program.
P. APPlicstion P11es
'lbe County of Orange and the financial institutions shall ..intain
an application file for each application it processes. 'I'he file
..intained at the financial institution shall be separate from, and
in ac!c!ition to, any other file ..intained by the County of Orange.
COpies of the financial institution's files shall be ..de available
to the County of Orange, BUD, or appropriate state or federal officials,
upon an appropriate request.
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G. Authority
'!'be Director of the BnvirOl\ll8fttal Manage..nt Agency (EMA), ls responsible
for the County IIoIIIe IlIprove..nt Program, R/Q). 'I'he Manager of BHA's
B/Q) progr.. Office has been deslgnated by the Director to be responsible
for the IIoIIIe Il1prov_nt l'rogram. '1'he Bou.ing program Section Chief
..y act on behalf of the Rim Manager if 80 de.ignated.
Resolution !lumber S3~
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~be above deaignated officials ar. authorized to .xecute documents
Ilecessary to effectllate lUll! further the purposes of the program;
auch as subordination agr._nU, asslllllption agreament.a and other
instruments nec.ssary to adjust security, all in accordance with the
guidelines .stablished in this policy lUIlual as adopted by the Board
of Superv1aon.
B. Subordination Aqree..nts
Subordination agreeaents, a.slllllption agreements lUll! other instruments
Mcea.ary to adjust security can only be allowei! wbenl
1. l'be r.vised total 8IIOunt of loans enCUlllbered does IIDt .xceed 80
percent of the value of tbe property, or
2. Modified transaction does IIDt threaten the secured interest of
the County.
3. Approval and authDrbation ia obtained frCllll the II/CD manager.
4. Modified security agr__ts will only be author bed when it is
nece.sary to illpl.ment the progru.
t. Asset Limitations
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110 loans or grant.a shall be ..de to property OlfIIera whose net assets
exceed $75,000. Bxcluded frCllll the calculation of net as..ta subject
to this provision, will be the principal plac. of residence, bOllsebold
it... and the value of an OlfIIer.hf,p interest in a _11 buaineas.
t'hi8 provi8ion does IIDt apply to landlords applying for r.habilitation
of rental property.
J. CIlBG Act of 1974 - Authorbation
~ following sllCtions outline the guidelines and policy procedures
for the County's IIoIIIe IlIprove...nt Program. Section 570.202 is tbe
specific provision of the CIlBG Act of 1"4, as amended, which authorbes
the County to make CIlBG funds available for home iIIlprov_nt purposes.
When.v.r the use of funds and/or activity under this program ia in
doubt, Section 570.202 aball prevail.
t'his Policy Manual supersedea the IIoIIe IlIprovement Program
Procedures Manual and all amendments and revisions previously
approved. t'h1a Manual becomes effective Dlllediately upon approval
by the County of Orange, Board of Supervisors.
aCTION 1. LOW IR'l'BIlBST LCWtS
Section 1.01
A. lletbod
Low Interest Loans
t'he County makes availabl. low interest loans to qualified applicants
through financial institutions approved by the Board of Supervisors.
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8. Approval
A rehabilitation loan may be approved only when the following
conditions exiate
1. An executed Grant Afr....nt ex1sts bet_n the County of
Orange and BUD under Title I of the CIlBC Act of 1974, as
amended, and
2. Bx.cuted agr....nt(s) exist between a financial institution(s)
and the County of Orange to provide rehabilitation loans to
property OlfIIers,
or
3. Agreeaents have been executed with other federal and/or state
agenelea ~ mak. funds available to the County.
nesolution liumber -'~~
C. Rotification of Loan Deciaion
Applicants will be notified of loan decision ~ the contracting
financial institution after applications hsve been accepted and
processed ~ B/CD. !be B1CD office will retain in its files the
copies of notificstion to the applicant of loan decision ~ the
financial institution. 110 rehabilitation work is to be. performed
prior to this notice ~ the financial institution and the COunty's
IIotice to Proceed. In CBse of emergency health and safety condi-
tions or special circumstances the B/CD Manager ..y authorize
work to proceed prior to notification from the financial institution.
D. Restrictions on Bllllber of Loans
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~e nllllber of law interest or deferred payment rehabilitation
loans which ..y be ..48 to any property owner under the IIoIIIe
IlIprovement Progr.. is one (1) unless waived in writing ~ the
B1CD Manager. Requesta for a waiver of this restriction shall
be ..de ~ the loan applicant, in writing, to the Manager. Requests
to the Manager must be aCCCllllpanied ~ the r_ndation of the
Housing progru Section Chief. If a request for a waiver of
this one (1) loan restriction is denied ~ the Manager, loan
applicant may appeal the decision to the Director of IlIA.
Section 1.02
Bliaibility Requirements
A. Property Bligibility Requirements
A rehabilitation loan ..y be ..de to properties located within
target areas designated in the County of Orange B1CD Block Grant
Application. Under the Spot Rehabilitation progr8lll, loans ..y
also be made to lawfm04erate income persons outside of target
areas, but within any county unincorporated area or contracting
city. 'l'he property must need rehabilitation to comply with the
Property Rehabilitation Standards adopted ~ the Board of
Supervisors, as amended (Appendix A).
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B. Applicant Bligibility Requirements
~ be eligible for a housing rehabilitation low-interest loan,
the applicant IIUst dtllllOl\stnte a4equate ability to repay the
loan, be of legal age, and ..et the eligibility guidelines. A
rehabilitation loan ..y not be approved ~ the financial
institution if the applicant's record shows a disregard for
forll8r credit obligations or if there is an indication of
inability to aske the required payment.
A loan applicant mst be the owner(s) of the property, or the
purchaser of the property under a land sales contract or any
similar contractual agreement for the purchase of real property.
An applicant having a lease for a fixee! tara expiring not less
than six calendar IIlOIIths after the asturity of the loan ..y,
with the owner's consent, apply for a loan.
C. Income Lilllit8
'l'he Housing and Coaaunity Developaent Act of 1974, as amended, .
requires that programs principally benefit perBOlls of
low/lllOderate incoae (persons ..king 80 percent or less of the
COunty's median income as defined ~ 1IllD). In keeping with the
intent of the legislation to benefit lawfm04erate incoae perBOlls
and preserve and upgrade neighhorhooCls, the following illCOllle
requirements for participation in the progr.. are established.
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'l'hree inter.st rates are offeree! under the IIaIIe Improvement
Program. three (l), six (6), and nine (9) percent.
1. !brae III Percent Interest Loan
Priority shall be givan to applicant8 whoae annual income is
within the law/llOderate illCCllDll liaitationa prellCdbe4 ~
1IllD. 'l'his income is equivalent to 80 percent of the aec!ian
income for the Anaheia-Garden Grove-Santa Ana Standard
Metropolitan Statistical Area (SMSA). !be aec!ian i_ for
the SMSA area is upc!ated per icxUcal1y ~ 1IllD. ~i. i_
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Resolution !lumber ~~a
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ltaitation Ihall not apply to inveator-ownera participating
In the Rental Rehabilitation Demonstration Program. ~be
County 8/a>> Program baa 1dentified by formal application to
BUD specific target areas for concentrated use of Bousing
and Coanunity Development funds. Applicants, who 11ve
within tile cJe81gnated target area and wboae illCOllles are at
or below these li.its are eligible to apply for three (3)
percent loans.
Intereat rates for Spot Rebabili tstion loans made outside of
an approved target area sball also be three (3) percent for
boIIIeowners wbo ..et the 80 percent ..dian illCClllle criteria.
For futher detail, see Section 3.01 on Spot Rebabilitation.
'1'be B/a>> llanager ..y ralae these incOllle limits by 20 percent
upon staff confirmation of tile existence of a bealtb and
safety bazard.
2. Six (61 Percent Interest Loan
Since the County's goal is to lIDprove the entire
neigbborhood within a cJesignated target area, property
owners whose Income exceeds the 80 percent median income
criteria, but la less than or at 100 percent of the median
Income, are eligible to apply for a six (6) percent loan
provided they live in a deaignated target area.
3. Rine (91 Percent Interest Loan
Por the s_ purpoae citied in D (2) above, property owners
whoae lllCCllll8 exceeds 100 percent of the median illCClllle are
eligible to apply for a nine (9) percent loan provided they
live In a designated target area.
D. I.oan Amount
'1'be 1llU1IDum for a loan ..de sball be $45,000.00 for 8tructures
of one to three units. For four or IIOre units the au:1mum loan
sball not exceed $15,000 per unit. A .obilehome rebabilitation
loan ..y not exceed $10,000 unless walved in writing by tbe 8/a>>
llanager.
.. Refinance
Aa allowed by Section 570.202(c) (2) (ii) (I) of the Bousing and
Community Development regulations, refinancing may be permitted
if it i8 nece8sary to complete the rebabilitation work for
low/llOderate Income applicants. '1'be section reads that block
grant funds ..y be used for -Refinancing existing indebtedness
secured by s property being rebabilitated if such refinancing 18
Decenary or appropriate to the execution of the c::os.unity
Development and Bousing Plan. - If refinancing is over 20
percent of the clients Indebtednen, Bousing Program Section
Chief .uat obtain Manager'8 approval.
The loan applicant 18 subject to the sa.e loan 11lDita described
in D above. Por ref1nancina delinquent loans see Section 1.09
(13).
Section 1.03
,
.
Ilental Property
Ilental propertiea ..y be elilible, at the present time, under three
prolra..: The County'a Investor-Dwner Progra., the Section 8 Moderate
Rebabilitat10n Program and the Rental Rehabilitation Demonatration
ProlrlUll. Other progra.. may become avaUable when approved by tbe
County Board of Superviaors.
"ntal Property
A. County's Investor-Dwner ProRrsm
Under tbl8 prolrlUll, rantal property unita to be rehabUitated
11111 be ..de available to low/llDderate income ranters. Owner
Resolution Number ~:J~O
IlUst ...ure the H/CD office in writinl that 110 diBpl.cBlleDt of
renter. will occur .nd BUst .ttempt to obt.in Section 8 Certific.tea
or vouchers for tensnts per unit rehabilit.ted that ..y be .v.il.ble
throulh the Or.nge County Rousing Authority or . .1IIIil.r prOlram.
The Housinl Prolram Section Chief will ..te . determination of
.ccept.bility of thesa efforts, Applic.nt..y .ppeal Deg.tiva find-
ing(s) to the H/CD Manaaar. In the event 110 Secti01l B Certific.te.
.re .v.il.ble, cnmer BUst .gree to keep rents .fford.ble for .even
yesrs to lower incoas persona or families (1.e., those ..mini 80
percent or 1e.. of the County'. median income .s defined by BUD).
I
B. Section 8 Moder.te Rehabillt.tion ProRr..
Owner BUst .1.0 ..sure the H/CD office in ..ritinl that DO di.placement
of renter. vill occur, .nd that unita to be rehabilitated will be
..de .v.il.ble to low/~dar.te income renter.. Owner lIU.t obt.in
Section 8 Certific.tes or voucher. for tenant. per unit rehabilit.ted
th.t may be .vail.ble throuah the Oranle County llouina Authority
or . a1lllil.r prolram, The Housing Proaram S.ction Chief wlll ..ke a
determlnation of .cceptability of th.s. effort.. Applicant..y .ppea1
Del.tiv. find1111(a) to the HlCD Mazlaler. 110 lo.na will b. ..d. until
owner is quar.nteed to be ....rded Sectlon 8 Certlfic.te..
C. Rent.1 Rehsbllit.tlon Demonatration ProRram
it..
This Demon.tr.tion Prolram provid.s for the r.habll{t.tion of rental
units ln c.rtsin desilnated t.rlet .r.... Und.r thls program, cnm.r
IlUSt .ssur. the H/CD offic. in ..ritinl that DO displ.c.-ent of
r.nt.rs will occur .nd that the units to b. r.habi1itated vl1l be made
av.ilsbl. to low/moder.t. income rant.rs, Owner mu.t obt.in Saction 8
C.rtific.t.. or vouch.r. for tenant. par unit r.habilit.ted that may
ba .v.il.ble throulh tha Or.III. County Bou.lnl Authority or a .1III1.lar
prolram. The Hou.inl Prolram Saction vi11 .ake a detera1nation of
acc.pt.bility of the.e
effort.. Applicant may .ppe.l neg.tive finding la) to the B/CD I
Manager. Other than what ..y be required by the Section 8 regul.UOIIa,
rent reatriction. are not required by this Demonstr.tion Program.
Section 1.04
lIobilehCllles
In order to provide lIICIbilehOlll8 owner-occup.nta with a financing .chani_
to rehabilitate their units within an axisting park, the County hes
a.tabUshed this progr... '!'be program provide a for lo.ns up to $10,000
IUId grants up to $5,000. Where conditions warr.nt, the Manager may
incre.se the grant IIIIIOUIIt, not to exceed twenty percent for 1IIIminent
ba..rd to the be.lth and ..fety of the appUcant or the COlIIIDUnity.
Due to the nature of this high-risk type of lo.n, the rate of intereet
will be determined on a ye.rly b.sis by the H/CD Program Office and
the contr.cting financi.l in.titution.
Besides the requirement for income a1igibility, the following conditions
IlUst be satisfied before a loan c.n be made to a lIICIbilehCllle owner:
A. Owner .ust show proof of ownenhip either by:
1. Posae88ing a St.te of California of Housing and CoaIunity
Development Certificate of 'litle, lIobilehalM, or
2. A C.lifornia Department of Motor Vehicle. Ownership Certific.te
(known .s a pink .lip). '
3. Other c!oc:uMnts .s may be required by BUD or the St.te BlCD
Department.
B. '!'be remaining ecOllOlllic life of the lIObilehome 1IU.c be .t 1e.st
five (5) ye.ra or ~re.
C. lIobileholle IIUst be per_ntely anchored to the ground to reei.t
wind IUId seiBllic forces.
I
I
I
I
P.esolution Number 5 3~
..~ -t e ""_
Section 1.05
APPlicant's Income
A. '1'ype of Applicant
In order to uke an .ligibility determination for a
r.babilitation loan, llIl owner-occupent applicant is classified
as being eith.r low/ll104ente inCOlDe or above low/lloderate incOllle
or llIl inve.tor_r. Low/llOderate illCClllle is 80 percent of tbe
county'. .dian income, a. defined and periodically apdated by
BUD.
.. Ineame C l.onentB
'lbe following i. a li.t of cQlDtlOR4lnt. that ~rise the total
i_ al10ved an applicant for a rehabilitation loan. 'l'he
Oro.s incame of the applicant and bis/ber f81111y is used to
determine .ligibility. IIoIIever, if a =-.igner or heir 1a on
the titl. to the property, but does not re.ide in the property
and 408S not contribute to the illCOllle, a notarbed .tat....nt of
non-support "ill be required in or4er to ..clude the oo-.igner'.
or beir's illCClllle. 'l'he applicant's f81111y includes the applicant
and any,other per8Ol'l(a) related by blood, ..rriage, or operation
of law, "ho sbare the ._ 4welling unit and/or bave ownersbip
inter..t in the property. An applicant '. 9roas i/lCGllle lIU.t be
.stablisbed on an alUlual basia for the pr.ceeding two years at
the time of applying for a rebabilitation loan and .y include,
but .ta not limited to:
/
1. 'lbe applicant's 9ro88 earnings.
2. Spouse's 9rO.s .arnings and .arnings of all other -...bers of
the f81111y "ho sbare the belue.bo14 IlUst be considered if
empLoy.ent and earnings are on a regular basis.
3. Other i_ regularly received by the applicant or hia/ber
181111y frCllll any ~urce.
t. Income IrOlll assets including .avings, stocts, bonds, vacant
land, etc.
5. InCOIIle frCllll r.al .state, including r.ntal units on the
property to be rebabilitated is baaed on net rental income.
If the applicant lias not owned the property for two or IlOre
year., the County of Orange sball estimate tbe illClOllle and
.xpenditures on the available data.
6. Self-Bllp~nt
If self-employed, the average allowable illCOllle frOlll the two
IlOst r.cent 1_ tax returns sball be used in 4eurllining
applicant's .ligibility. 'lbe following method abell be used
in 4steraining present i_ for self-employed individuslsr
Bet profi t or 1o.s
Depreciation and Depletion
plus
equals
Bet Income
plus
Other Income ("ages, interest,
.te.)
equals
Allowable Income
C. Allowances
Gross inco8Ie of the applicant sball be reduced by the following
allowances when applicable.
?esol ution ~lumoer 5-3:'0
1. "ecUcal expenses for a ..jor illness or chronic condition
which are not covered by insurance. Supporting
documentation IIIlst be sllbmitted to B/CD as evidence of a
..jor permanent illness or chronic condition.
2. Unusual expenaes or _nts paid for the care of IIinon
under 18 yeara of age or for the care of disabled or
handicapped fully household ..libera, bat only where such
care 18 necesaary to enable a fully member to be gainfully
elllPloyed .
I
D. bclusiona frCIIII IftCCIIIIe
The following income is excluded in determining income
eligibility:
1. 'rhe in_ of a chlld 18 yean of age or yoWlger,
2. ChUd support, inclwUng social security or pension funds,
and income frCIIII a trust fund established for the child,
3. !be in_ of a child Who is a full-time student living st
home, and is 21 years or youngerr
4. '!'he incoae of a co-signer or heir Who does not reside on
property ..y be excluded provided that a notariled statement
of non-support is submitted. Such co-signer or heir ..y not
be counted as a fully ~r for the purpose of income-
level calculation.
Section 1. 06
PBA Title I Insurance
1Ihenever possible, loans will be processed by the financial
institution for PBA Title I Insurance.
Section 1.07
Bliqible Improvements
I
A. General
This section sets forth, but does not limit, eXllllples of
eligible and aan4atory improvements under the rehabilitation
progru .s well .s ineligible improvements. 1Ihen the
eligibility of s proposed 1aprovement is in question, Section
570.202 of the CDBG Act of 11174, as lllllended, is the final
authority.
B. Bligible Improvements
1. Additions and alternations to prolong the livability or
usefulness of existing structures such as rOOll8, porches,
stairways, closets, bathrOOll8, and entrances are eligible,
as determined necessary by the RlCD Senior Building
In8pector.
2. bterior .ork to help preserve or protect strllCtures, sllCh
sa grading, painting, roofing and Biding, is eligible.
3. Interior .ork to _lie. .trllCture IIOre livable sach a.
painting, papering, plastering, new flooring and tile .ork
is eligible.
I
4. Also eligible are repairs, restoration or replacement of
important parte of structures such as heating systeu,
plllllbing repairs, electrical repairs and certain kitchen
appliances in rasidential structures.
5. Clearance, site preparation and site acquisition where atunit is determined not suitable for rehabilitation and a
replacement bouse plan has been approved and funded.
Resolution Number .3~~
. ,-
....~' ~ '"
I. Items considered necesssry to provide hsndicap accessibility
and/or remove architectural barriers to the handicap.
7. Items necessary f~. hi~~~rical restoration/preservation.
C. Mandatory IlIprovements
8a.ar40us conditions which are a direct threat to the health,
.afety and ,eneral welfare of occupants as define4 in the
Dniform Bousing COde and/or Property Rehabilitation Standards as
defined by Appendix A, must be corrected.
Ineligible lllproveaents
I
D.
Section 1.08
'lhe following iaprovementa are not eligible:
Barbecue pits, bathhouses, burglar protection bars, dUllbwaiters,
wet bars, greenbouse~, greenhouse windows, airplane hangars,
kennels, outdoor fireplace. or bearthB, photolllurals, ..,i~g
pools, television antennae, tennis courts. Materials, fixtures
or equiplllent of a type or quality, vhich unreasonably exceeds
that custoaarily used in properties of the .... general type a.
the property to be rehabilitated.
!emporary Relocation Assistance
A. General
I,'
'l'bis section sets forth a description of temporary relocation
benefits to be ..de available to persons and fullies who are
di.placed from their Ilaaes as a result of the County's IIome
IBlprovement Progru. Cost..y be borne by the County and the
displaced person or fuily.
B. Conditions Requiring '1'eIIpOrsry Relocation
If any of the following causes or conditions occur as a result
of the IIoIIIe IlIprovement Program, it..y be neces.ary for the
persons or families to relocate to another dvelling 011 a
telllpOrary basis:
Water .,stem is shut off for any elltelll!ed period of cJays for
plumbing repairs.
Blectrical service becomes non-operable while ..king repairs
to wiring.
1.
2.
3.
t.
0 5.
I.
I 7.
Repairs which create dust and other condition. which would
aggravate allergic condition of occupant(s).
Structure is to be fumigated for termite control alll!
infestation.
8a.ar40us living conditions which result from structural
changes during construction.
Sanitation facilities, e.g., tub, wash basin, toilet become
non-operable. '
Contractor requires relocation of occupants to perform
repairs and such requirement bas tba concurrence of tbe
Rousing progru Section Chief and the occupant.
C. Bligibility Require.ents
Applicants approved for a loan or a grant who must find
temporary accOllllllOcSations as per Section B above are eligible for
relocation benefits. Clients must actually secure and occupy an
alternative dwelling unit in order to receive p8yaent.
D. AIIount of Aasi.tance
Benefits will be ..de available for a periocS determined by the
Manager but not to lIlCcee4 the term of the rehabilitation
contract.
Resolution ~lul'1ber .3~ao
~
Coun~y w111 pay the C08~ of the u.porary ~ations up to a
daily maximum equal to the Bousing Au~hori~y's ren~ 1imi~a~ions
prora~ed on a daily basis.
S. Procedures for Securing 'l'elllpOrary 1le1ocation Assistance
1. Con~ractor or Rehabi1ita~ion Cos~ Specia1is~ mus~ submi~
1e~~er to the BlCD Program Office reques~ing vaca~ing of
uni~ and specifying UIOUn~ of time lIIIi~ IIUs~ r_in vacan~.
Reque8t for vacating of premlBes IIUs~ be approved, in
vri~ing, ~ rehabi1i~a~ion s~aff and au~hori.ed ~ B/CD
Manager.
2. Person displaced presen~s wri~~en quo~e from aceoamwda~ion
to rehabilitation s~aff. S~aff will then verify tba~
displaced persons occupied lIIIi~ and s~aff will also verify
UK)lIII~ of quote.
3. Rehabilitation s~aff w111 presen~ cla1m form to Audi~or-
Con~roller with a requ..~ for peymen~. Paymen~ w111 be ...de
payable, jointly, to person dlBplaced and persons who
provided acco...lldation.
Sec~ion 1.09 Processinq Low Interest Loans
A. General
'l'his section sets for~h the steps which are to be followed in
the processing of a rehabilitation loanl
1. Initial Contact
Marketing effort/strategy includes, bu~ lB no~ limi~ed tol
Press releases to _~ropolitan and local newspapers, Public
Services Announcements IPSAs) for television and radio,
articles in ...gadnes, newsle~~ers and newspapers, paid
advertisements in the print _dia, staff appearances on
public service radio and ~e1evision progrBIIB, flyers
distributed ~ ...il or door-to-door con~act ~ BlCD staff,
and presenta~ions using a prepared rehabilita~ion slide show
or other graphics at communi~y aeetings.
~ initial contact, an application will be mailed or given
to the applicant.
2. Loan Application
If requested ~ spplicant, loan application will be
explained to hoIIeowner ~ loan counselor who ...y asslB~ in
campleting nece..ary fora. Otherwise, loan application
w111 be ..11ed or given to applican~ who w111 complete
application.
3. Preliminary Approval of PlIIIding Authority
CoIIIple~ed loan application w111 be forwarded ~ BlCD 8taff
to financial institution and, if applicable, to the
appropriate state or federal agency for funding au~hority
tol
a. Verify program eligib11ity of applicant.
b. Verify tba~ applicant is owner of property to be
illproved.
c. Verify applicant' s inCOlltl and 8111p1oyment. '1'he iftCClllle
tax re~urnl for the previous two years will be obtained
~ B/CD staff.
d. CoIIplete credi~ investigation.
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o
I
Resolution Number .3S~
.":.~:: t
e. MYise bCllnllner in wdting of approval/diaapproval.
When appropriate, it811111 a througll . ..y be reguired to be
perfor-.d by the County prior to aubmittal to fUnding
8Our08a.
I
.. 'ferai te Inspection
A free termite inspection will be arranged by tile County for
tile hoIIeowner or property owner approved for a
rehabilitation loan. !be termite company will submit the
inspection results to the rehabilitation specialist for
inclusion in the work write-up coat est1mate.
5. Work write-up/Cost BsUgte
A work write-up/coat eaUlIate will be compUed hased on the
initial inspection and tile termite inspection report.
BOIIIeOlfIIer will be given a copy of the work write-up for
approval and wUl be advised of estigte of loan ucesaary
to complete rehabilitation work.
I. Bid Process
a. Contractor
I
Unless boaeowner elects to conduct hia/her own bid,
provide/! regulations perll1t, bid packages will be
prepared by B/CD ataff, and, if possible, bids obtained
frCIIII at least three (3) qualified contractors.
-Qualified- means those contractora who are licenaed by
the State of California, wllo lIave applied to participate
in the County's IICIIIIe IlIIprovement progru an/! wIlo have
received written approval of their participation in the
progru frCIIII BlCD. All bids aust be returned within 20
calendar days unlese otherwise specifiecS. Bids will be
opened in the pres.nce of the bOIIIeowner III\d BlCD ataff
will review bids. lesponsibility for 8e1ection of a
contractor resta with the ~er. lIoIIe_r aust,
Ilowever, select a qualified contractor. Homeowner is
not required to aelect 10lI bid, but, bid chosen muat be
within 10 percent of BlCD estiaate. !bis requirellent
..y be walved by the Rousing Program SecUon Chief in
cases where the B/CD coat eatimate ia proven not to
reflect current prices.
b. Owner-Bullder
I
JIolDeolmer shall prove to the aatisfaction of the
rehabilitation apecialiat that lIe/ahe bas the ebility to
perform taska to be undertaken, including coordination
of contractor (s) .
Where all or part of the work is to be perlor_d by the
boIIIeowner, then homeClllller 8hall 8ubmi t to the
rehabilitation specialiat a list of the ..terials,
approxiute costs for these itelU an/! a achedu1e for
completion by hallunmer. Only material will be '
reimburaab1e, not tile labor of the lIolIeovner or
_ediate famUy aelllber. !bis list will be submitted to
BlCD prior to preparation of bid package.
IIclID80wner ..y act on bia/ber own bebalf to lIire
contractor Is) to complete vadous portiones) of the work
Uated in the work write-up. lICIIIIeovnera will identify
the contractor (8) or laborers and the work itelU which
contractor (a) or laborers w111 perform.
raUure by property OIIIIer to CCIIIIp1y vith the above
reguirement vil1 terminate hislber application.
Resolution (lumber i1'~
7. Contract/Agree..nt ..ecution
As a requlr...nt for fUndlng of all loans, deferred payment
loans, or grants:
A ProPerty Owner Aclr....nt .u.t be executed between ~e
property OlIIIer .nd I/m.
In conjunction with the ProPerty Owner Agreelllent, ~e
following contracts and/or agree..nts will be executed
depending on ..thod of rehabilitation chosen by client:
a. pri_ Constnction Contrsct between hOIll_n.er and
contr.ctor or hoaeOlIIIer .nd .ub-contractor, if
applicable, 1.e., ClW/ler-builder who slJbcontrscts sny
portion of the .greed upon scope of work.
I
b. Owner-BuUder Agreement for hoMawn.n who .r. .pproved
to do th.lr ClW/l r.habilit.tion work or .ct .. hla/h.r
ClW/l contractor.
In the event that hO.IOWIIer wlsh.s to provide improvements
ov.r .nd.bove eUglble work provided for, or perforlD a
portion(.) of ~e work berth_elf, ~e above contract(al or
.gr....nt(.) ahall reflect the total cost of work to be
done, vbat the pri_ and/or subcontractor's responsibilities
are and work hoIDeOllller will perforlD. Bvidence of
av.U.bility of the additional funds required IIIlst be
verifiecl and available prior to funding of loan.
8. Bxecuted Contracts
R/m may forw.rd copf of final work write-lip to the
appropriate financial institution or appropriate funding
agency with request for loan documents. Pinancial
lnstltutlon(S) will prepare and forward loan documents at
interest rate previously deterlllined by R/m and advise I/m
of interest subsidy due, if .ppropriate. BameOllller's
payments will be in equal ~thly inatalllllents, the first
instal1lDent payment du 30 calendar day. frCllll note dste
depending on financisl institution policy. I/m obtsln.
borrower's .ignature on loan doc~nts and returns all
documents to the financial lnstitution(s), if appropriate.
I
II. Loan Subsidy
Loan subsidies will be governed by contracts with financial
institutions .. approved by ~e Board of Supervisors.
10. IIoties to Proceed
110 con.truction/rehabilitation voxk vill begin until a
written Rotice to Proceed i. laSlled by R/m snd hoIII.OlIIIer.
11. SIDoke Iletector (.)
SlIOke detector (s) will be reqllired and ..de available at no
charge to all applicants who receive a rehabilitation loan.
12. Loan Di.bur....nt
a. Financial institution(S) ..y forward to I/m loan
proceed. in a forlD pre.cribed by the agency or financlal
institution and ..y disburse progress payments upon
request of R/m staff. DisburselDents will be ..de only
after completion of inspection by rehabilitation
special 1st .nd verification of bl11ings by 8/m.
Proceeds wl11 be disbursed by one of the following
..thada,
I
Resolution Ilumber 3Z>>ao
I
",:..:.0 t.l~
1)
frogress Peyments (dr.vs)
c:antractor ..y IIOt receive les. tJwl three progress
paywents except in cases where rehabilitstion 18 of
a IIinor lleture. t'be progre.s payments shall IIOt
exceed '0 percent of the cost of such work ite..
deterlllined by the bid breakdown. Progr..s payments
due Contractor .hall be paid after County approval
of receipt and verification of contrector's
lnvoice (a) and saUsUactory llelease of Liens or
cIa_ for Liens, by contnctor, subcontracton,
laborel'8 and ..terial suppliera for work COIIIpleted
and ..teriala installed. If 110 liens are recorded,
a 10 percent retention will be disbursed to
contractor at expiration of lien filing period,
thirty-five (351 calendar day. after filing the
Rotice of Completion. 'Ibis retention ..y be les.
than 10 percent, as determined by the Rousing
ProgrUl Section Chief, depending on total contract
8B)Unt.
2)
One LIIIIp SUID
Payment _y be ..de in one lU11p SUID upon COIIIpletion
of all work, Ie.. 10 percent retention. CoIIIpletion
consists of paSSing final Inspection and filing
required release forms. If 110 lien. are recorded
retention will be disbursed to contractor at
expiration of lien fiUng period, thirty-five (35)
calendar days after filing of .otice of Campletion.
3)
<fc8IBOVIIer AdYBllcements
Upon approval of the loan, the borrower (if the
bouOlIer is performing the work ber/hiuelfl ..y
receive advancements to cover an agreed portion of
. the costs of ..tedals consistent with the schedule
provided in tIOrk write-up. AdcUtional advBllcements
..y be ..de when tIOrk financed by prior advanCl!llll!nts
hes been COIIIpleted to the .atisfaction of B/CJ).
b. Depending upon the type and level of rehabilitation tIOrk
to be conducted and the lIIIOunt of loan, B/m ..y utilhe
.scrOll services fOr control of fund disbursement.
I
13. Loan Delinquencies
t'be lender will provide County with a weekly, IMlftthly, or
quarterly list of delinquent borrowers. B/m will cont.ct
the bon_n. Should a delinquency continue encS bank
informs B/m that foreclosure will result, B/m llanager,
upon rec_ndation of Bousing Program Section Chief, in
order to protect County" interest, ..y decide to cure the
default by refinancing existing loan to a DPL if client
quaUfies.
14. Appeal
I
A loan application which is disapproved may be resubmitted
for . DPL or Grant described in Section 2 and Section 3
below. Subsequent rejection may be &OlP8aled under Section
2.028.
Section 1.10
~ruth in Landino Requirements
I/C) ahall ..et all state and federal truth in lending requirements.
Section 2. DEPERRIm PAYMBN'.I' LOlNS
Section 2.01
Deferred Payment Loans
A Deferred payment Loan (DPL) is a "1'0 percent (D) interest loan.
DPL's are intended to as.ist lowtmoderate income persons who are
unable to finance rebabilitation tIOrk without this assistance. 'lbe
Resolution Number .:3:3~o
.
- .
loan becames due and payable in a 1UIIIP SUII upon sale or transfer of
property, by any means, instrUll8nt or probate proceedings, whichever
results in the shortest time for repayment. If client sells or
transfers property within five (5) years of receiving DPL, entire
DPL principal plus three (3) percent interest per aMUII will be
paid, if sold or transferred after five years, no interest will be
charged on DPL but entire principal will became due and payable.
The DPL ..y not exceed loan limits of $45,000. Clients shall
execute a pr_issory note and secure it by a Deed of Trust. If
title is transferred to an beir, an income analysis can be ..de to
determine if beir is low/moderate income and qualified to assU118
DPL, or if the DPL should be repaid. All assUIIIPtions of DPL's shall
be approved by the B/Q) Manager.
I
Punding for the DPL is through the B/Q) Program and/or any other
federal or state programs or .ppropriate lending institutions under
contractu.1 .gr....nt with the County. Punds..y be loaned directly
by the County to the eligible clients without the invo1vellll!nt of a
private lending institution. DPL'. can also be ..de to rehabilitate
publicly owned residential units.
In order to preserve and upgrade affordable rental units for the
benefit of low!JDOderate incaae tenants, a DPL ..y be ..de to
investor ownen who participate in the Rent.1 aehabili tation
DeIIonstration ProgrllJll without reg.rd to incCDe. The DPL will be due
and pay.b1e in fifteen (15) years or at time of transfer of title,
whichever COllIeS first.
Section 2.02
Approval of Deferred P.yment Loans
A. 'Ibe criteria for an approval of a DPL arel
1)
Applicant mst be of low!JDOder.te inCCllll8 or an inv..tor-
owner in a target or .pot area.
I
2)
Applicant must be financially unable to repay loan with the
exception of inve.tor_r. in the Rental Rehabilitation
Demonstration ProgrllJll.
3) Reh.bi1itation improvements are necessary to comply with
existing health and ..fety codes.
B. Approval Authority
A DPL will be approved or disapproved in writing by the Manager
or bis designee. B/Q) sh.ll notify applic.nt of results. A
person whose application for a DPL has been dis.pproved ..y
appe.1 to the Director of BMA for a fin.1 decision.
C. Restriction on RUlllber of Loans
The nllllber of DPL'S which ..y be l118de to any property owner
under the IIoIIe Improv...nt ProgrllJll is one (1). ..iver of
limitation ..y be granted by the Manager.
Section 2.03
B1iQibi1itv Requirements for DPLs
A. App1ic.nt Eligibility Requirement.
A DPL is intended to avoid the displacement of homeownera who
have no other maans of financing repairs and improvements which
must be ..de to their IIclIDes. A DPL shall be ..de only to
hclmeOvners who bave no substantial resources to ..ke needed
f.IIIprovements and substantive evidence is on file to ..ke such
determination. A review of DPL's executed after June, 1983
shall be ..de every five (5) years to reevaluate if clients are
still low/moderate illCOll8. If a fllJllily incaae exceeds 80
percent of the County median il\Clllllll at that ti.., the DPL will
be due and payable, but ..y be assuaed at the County's
discretion. In the case of a quasi-goverl\ll8nta1 or nonprofit
organization, at least 75 percent of the rental units must be
guaranteed to receive Section 8 assistance for the tera of the
loan.
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Resolution Number .5=>~o
....~ (.l
B. InCCllle LlIIiu
'l'be incone limitations are tbolIe set by Section 1.02 (C) and
2.02.
C. Waivers
Waiver of one ~ _re of the above eligibility require..nta ..y
be approved in wdting by the Manager.
Section 2.04
APPlicants Income
..thad of determining applicant's income will be noted in Section
1.05.
Section 2.05
Eligible Improvements and COsts
A. General
'l'bis section sets forth examples of improvements and costs to be
financed with a DPL.
B. Eligible Improve.ents and Costs
A DPL ..y be oed to finance the cost of repairs and
improvements to caaply with the Property Rehabilitation
Standards approved by the Board of Supervisors as amended
(Appendix A) and incipient violations of these standards. DPL
funds ..y also be used to finance the cost and installation of
energy consenation ..tedals. DPL's..y also be oed to remove
bandicap barriers ana to provide handicap accessibility.
C. Mandatory laproveaents
Hazardous conditions which are. direct threat to the health,
.afety and general welfare of occupants a. defined in the
Uniform Sousing Cade must be corrected.
D. Ineligible Improvements
DPL ...y not provide for:
1. Wew construction or expanBion of the .be of a structure,
except where family size warrants.
2. Materials, fixtures or equipment of a type or quality, which
unreasonably exceeds that custaaarily used in properties of
the same general type ss the property to be rehabilitated.
E. Insurance and Property ~axes
'l'be client shall maintain adequate fire and hazard insurance
with the County listed as loas payee for the lIIIIOunt of the loan
on the property, as required by the SOIIHl laproveaent Program,
and keep taxes current during term of DPL, except under special
~ernment .!'rogr~ allowed for elderly clients.
1'. Program I'ees
1. Recording fees
'l'be cost of recording the Deed of '1'rust and other pertinent
doc_nta ahall be waived as per Government Cade, Section
6103.
2. Policy of ~itle Insurance
A policy of title insurance covering the amount of the DPL
shall be obtained for the borrower and the cost paid from
the loan proceeds.
~esolution ;jumber 35~o
3. 'fax Service CO.
ROme Improvement Program ..y utilize services of a 'fax
Service eo.pany. COst shall be paid from loan proceeds.
G. MaxiAwl loan of $45,000 uy be lIIal!e and is subject to the sue
conditions set by Section 1.02 E. of this lIlIIIua1.
H. Escrow of Rehabilitation Funds
The applicant shall agree to permit the County of Orange, its
agents or de81gnees, to act as escrow agenta of funds loaned
through a DPL and to permit the County of Orange, its agents or
de81gnees, to disbune Buch funds to the applicant/borrower an4
the contractor in the ..nner set forth in the contract between
the applicant/borrower and the contractor or in the contract
between applicant/borrower and COunty in the case of an
Owner/BuUder. to insure the proper disbursement of such funds.
'l'he -borrower- shall be constrlled to be any person or other
legal entity who bo1ds title to the property being rehabilitated
vith the assistance of a DPL and who is legally respan.ib1e for
repayment of the loan. In the case of 1N1tip1e ownership. the
signature of every titleholder vi11 be required on a Deed of
'frust vhere the signature of the app1icant/borrower is
necessary.
I
I. AssWllptions for Deferred Payment Loans
Assllllptions of DPL's are authorhed. however. nev borrower's
income INst be established at or below 80 percent of the
COunty's llledian illCOllle. '
DPL ass\llllptions ..y be considered when one of the following
occurs:
1. JlI4guent of Dissolution of llarriage.
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2. Death of vested title bo1ders. Heirs of property must be
from the ~diate famUy.
3. 'fitle of property is transferred.
Section 2.06
lfemporarv Relocation Assistance
Temporary relocation benefits that are available to applicant
receiving B DPL an those described in Section 1.08 of this ..nual.
Section 2.07
Processino Deferred Payment Loans
. A. Processing Procedures
'l'he processing of a DPL shall be the sue as that of a
sllb81dhed, low interest loan as noted in Section 1.09 of this
Policy Mana1 in addition to the followings
1. Determination of Preliminary Eligibility
Rehabilitation staff vi11 develop necessary documentation to
uke determination of applicant eligibility for a DPL.
2. Obtain Preliminary Title Report. credit report. appraisal.
it needed. and verify income.
3. Determination of Final Eligibility.
After receiving preliminary title report and credit report.
staff vi1l ..ke a final recommendation regarding applicant's
eligibility for B DPL. Recommendation vi11 be submitted to
B/CD Manager or his designee for approval.
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Resolution Number .33'30
..., ~ , ....
c. Bxecutlon of Iloc_nts
If eligible, applicant w111 execute .rOlllis80ry Rote end Deed
of Trust. Additlonally, applicant wUl execute DPL property
OlIIler agreement. Once all eSac_nts are executeeS, Deed of
Trust w111 be recordeeS, 'rOlllissory Rote ancS Deed of Trust
wUl be beleS by BlCD Accounting ancS B/CD w111 request tl tIe
insurance policy covering 8IIOUnt of loan frOlll tltle company,
5. IIotlficatlon of Loan AIIOunt
Upon request of title inlurance policy, Itan will aeSvise
BlCD accountlng of DOunt neeeSed to funeS DPL and
rehabilitation process w111 continue.
B. Truth-Ift-LencSing Requirements
Truth-ift-leneSing requireaents, as noted in Section 1.10 of this
aanual, apply to all DPL's.
1IBC'1'10lil 3. 8P0'l' IlBBABILI'1'ATIOlil LOUS
Saction 3.01
SpOt Rehsbilitation Loans
Spot rehabUitaUon is a COIIIpOftent of the IIOIIIe Iaprovnent 'rograID.
Law interest loans, DPL's an4 Grants are avaUable to OlIIler-
occupants of low/llOderate i_, 11ving in any contract city or
COIInty unincorporateeS area. In order to preserve aneS upgraeSe
afforeSable rental unita for the benefit of lClfll/llloderate income
tenants, investor-owners participating in the rental rehabilitation
program are also eligible to apply.
Section 3.02
'rooessinq of SpOt Rehabilitation Loans
llequirnentB for approval of spot rehab1Utatlon loans are those
noted in Section I of this lIllIlual exceptr
Bligibility llequir...nts
A. 'roperty Bliglbility Requirements
A rehabilitation loan ..y be ..de to any qualified
resieSential property OlIIler 10cIted in unincorporated area of
the County of Orange, or in any part of a participating
contracting city.
B. lllCOlll8 Lilli ts
c.
Spot rehabilitatlon loans to low/lIOc!erate inCClllle persons
ahall be subject to Section 1.02 C. (1) for 3 percent loans.
Bligible Iaproveaentl an4 Coats
A spot rehabilitation loan ..y be used to finance the cost
of repairs an4 1IIprovements as required to bring the
property into compliance with the 'roperty Rehabilitation
StancSareSs approveeS by the Board of Supervisors, as _ncSeeS.
Spot rehab11itation loans ..y also be usee! to finance the
cost of repairs of incipient v~olations of these stancSards.
110 general ~operty 1IIprov...nta are peraitted.
.
8BC'lIOIiI C. IlIBA8ILI'1'M'IOliI QIlANTS
Section C. 01
Rehabilitation Grant.
In order to provide a full range of financing ..chani_ for the
County's IIOIIIe Iaprovllllent .rogr8lll, a grant prograID has been
established. '1'bis progr.. provieSes a grant of up to $8,000.00 with
a 20 percent aupplement for ..tedals and labor to lClfll/lloc!erate
. incOIIIe OlIIler-occupants. '!'be goal of the ~ograID is to rectify
emergency health or safety haaards in the applicant's haae aneS to
provide energy conservation.
Resolution ;lumber 8~3eJ
. ,
Section ..02
ProcessinG Rehabilitation Grants
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A. A rehabiUtation grant ..y be approved subject to the s_
provis101l8 as a.t forth in Section 2 except as noted be1e",.
Applicant B11g1bility Requlr...nts
1. AppUcant IlUst .xecut. Property Own.&, Grant Agr....nt wbich
provides that the own.r r.turns 100 perc.nt of the grant to
County upon aal. or transf.r of title within one year of
agreement .x.cution and 50 percent of property upon sale or
transfer of title transf.rred between one and two years
aft.r the execution of the agr....nt.
2. A rehabilitation grant ..y be used to finance the cost of
repairs and 1mprovements to COIIIply with the Property
Rehabilitation Standards approved ~ the Board of
Supervisors and incipient violations of these standard..
Grant funds ..y also be used to finance the cost and
installation of energy conservation ..terials. The aax1mum
8IDOunt of a r.habilitation grant ..y not exceed the
followingc
(a) '.,000.00 for conventional single fuily units and
'5,000 for .abilehaDes.
(b) Where conditions warrant, the Manager ..y increase the
grant 8IIClunt, not to exceed twenty percent (of the
above) for bainent haurd to the health and safety of
the applicant or the community.
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(c) '3,000.00 ___iau. for ainor rehabilitation (alni-grants)
in approved target area.
B. '1'0 eUainate bUght or prevent further deterioration of a
neighborhood, the Director ..y waive in writing the income
requirements and resale restriction of ..02 A (1) above,
provided that a staff deteraination has been ..de, and the
Director concuras that ~ providing _11, ainor
repair/..int.nance, r.habilitation, aini-granta to an entire
low/llod.rate income neighborhood, further deteriorating
condi tion of the street will be retarded and the value of
private and pubUc investaent ..de under this progru in the
area will be prese&'ved.
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IDhktbDB5cl
0C/26/83
-21-
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Resolution !lumber 3.530
"'- ~ e:
.
PIlOPBRTY RBBABILITATION STANDUDS
FOR
RBSIDBN'l'IAL PIlOPBR'l'IES
COUH'1'Y OP QR.~
IIRVIRCIIMBII'1'AL IWlAGIa4BlI'1' AGENCY
BOUSI1IG/COIIMllNITY IlBVBLOl'MEN'l' DIVISION
April 7, U83
Appendix A
Resolution [lumber 3?J~
'fABLB OP .......~..d'1'S
I'age
Dl'r1lODUC'l'ION i
CIAP'l'BR 1 'fITLB AND SCOPB 1
CIIAl'TBIl 2 BNPOBCBMBRT 1
CIAP'l'BR 3 PBRMITS AND IIISPBC'l'IONS 3 I
CIIAl'TBIl 4 DBFIIIITIONS 3
CllAPTBIl 5 SPACE AND OCCUPANCY 4
CIAP'l'BR 6 8'1'IUJC'1'QRAL IlBQUIRBM8II'1'S 6
c:u.PTD 7 MECIWIICAL IlBQlJIIlBMBN'l'S 6
CBAP'l'B1l 8 BXITS ,
CllAPTBIl , I'IIlB PllO'rBC'1'IOII 10
CBAP'1'B1l 10 SUBSTAIIDMD BUILDDlGS 10
CBAP'1'Bllll BIIBIlGY CONSERVATION 12
CBAP'1'BR12 REQUIJlBMBN'1'S POll PHYSICALLY JlAHl)ICAl'PtD 12
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I1lTllODUC'1'ION
'!be -I'roperty "habilitation Stan4arc!a- (P88) as denoted hueln have been estab-
lished after considering many codes and suggestions ~ the Pederal Bousing
Ac!IIinistration. '.rhese I'D are the Uniform lIDusing Code, 1979 Bdition, except
for _ IIIinor revisions and sc!c!itions, and shall be the guide for the County in
lIIplementill9 its IIDIDe IlIpr09ement Program.
'rhese p88 shall constitute the basis of the working agreellent between the
Department of Rousing and Urban Developlllent (JIUI)) and the County of Orange.
'rhey shall apply to all residentisl properties in ar..s designatee! ~ the County
as eligible for rehabilitation.
Where the JIUI) Minimum Property Standards are BOre restrictive, those standards
shall apply. It is recognizee! that the I'BS are aini_ property standards and
not ideal property standards.
Where actual rehabilitation occurs, replacellents may be required which go beyond
the ainimua standards in order that the CDBG funds be utilized in a IIOre
effective ..nner and a longer lasting repair be IIIIIde to structures. For I
example, in areas where there i. a generally recognized condition of expansive
soil., larger footings ..y be required ~ B/CD. Additionally it is recognized
that a flexible interpretation of the Uniform Building Code is utilized in the
IloIIIe IlIIprove\llent Program since to require an existing oldu dwelling to conform
100' to the Uniform Building Code ..y be ~t prohibitive.
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Resolution Number 3'330
"
'- "
Chapter 1
'II'l'LB AlII) SCOPB
'II'l'LB
Sec. 101. 'lbese Property Rebilitation Stand.rds .re to be referred to
berein as pas.
.~
S.c. 102. '!'he purpose of the.e PItS is to provide .inimum standards to
..feguard life, 11lllb, health, property, .afety, an4 welf.re of the general
public and the own.r. and occupant. of residential buildings within jurisdiction
of the County of Or.nge and those cities whoae rehabilitation programs are
a4ministered b7 the COunty of Orange.
SCOPE
Sec. 103. Cal Application. 'lbe provi.iona of these pas .hall apply to all
buildings or portions thereof use4, or deaJ.gne4, or int.n4e4 to be use4, for
buman habitation. Such occupanci.s in .xi.ting bui14ing. ..y be continued a.
provided in Section 104 CGI of the luilding Co4e, .xcept such structure. a. are
foun4 to be .ubstandard a. defined in these PllS.
Where any building or portion th.reof is used or inten4e4 to be u.ee! a. a
~inatJ.on apartllent hou.e-botel, the provi.ion. of these pas shall apply to
the separate portions as if they were ..parate buildings.
BYery rooming hou.e or 104ging house shall comply with all the requirements
of these PRS for dwelling..
Cbl Alteration. Existing buildings which are alter.d or enl.rged sh.ll be
..de to conform to th.se pas insof.r as the new work ia concerned and in accord-
ance with Section 104 1.1 and Ibl, of the luilding Co4e. BCfIf1!ver, exceptions
..y be permitte4 provide4 he.lth, .afety, and general welfare of persons con-
cerned are not adver.ely aff.cted.
Ccl "location. luilcling. or .tructur.s _d into or within the
jurisdiction ahall ccaply with the requirementa in the Relocated luildings Code
for new buildings and .tructures.
Chapter 2
~
GINBIlAL
Sec. 201. Cal Authority. 'the Rousing and C:-unity Development ..nager is
ber.b,y authorize4 an4 dir.cted to administer and enforce .11 of the provi.ions
of the.e pas.
Cb) JtJ.gbt of Bntry. Whenever nec....ry to ..ke an inspection to .nforce
any of the provisions of these PM, or wbenever the Rou.ing and CoIIIIIluni ty
Development llanager or bia autborJ.ze4 r.pre.ent.tive has r..son.ble cause to
beli... th.t th.r. .xi.ts in ~ bui14ing or upon any pr..i..., any coodition
which ..kes auch building or pr..tsea uns.fe, d.ngerous, hezardou., or .ubst.nd-
ard .. define4 in Section 202 of these pas, the Bou.ing .nd CoIIIIIIunity Development
llanager or hi. authori.ee repre.ent.tive ..y .nter 8Uch building or premi.e. at
.11 r.a_able time. to inspect the s... or to perform any duty impose4 upon the
Rousing and CcIIIDunity Development "nager b7 th.se PRS, provided that if .uch
building or preJlliaea were occupie4, he ahall first present proper cre4entials .nd
demand entry, and if auch building or preJllises be unoccupied, he shall fir.t IIllIke
a r..son.ble effort to loc.te the owner or other persons h.ving ch.rge or control
of the building or pr..ises and demand entry. If such entry is refused, the
Rousing and Community Development ..nager or his .uthori.'" represent.tive sh.ll
beve recourse to every remedy provided b,y law to secure entry.
Resolution tlumber 3330
JIo OlIIIer or occupant or other perllClft baving charge, care or control of any
building or premises shall fail or neglect, after proper de..nd is ude as herein
provided. to prOlllptly perait entry therein by the lIousing and eo-unity Develop-
ment Manager or hie authorized representative for the purpose of inspection and
examination pureuant to these PRS. Any peraon violating this subsection ehall be
guilty of a misdemeanor.
(c) Responsibilities Defined. Bvery OlIIIer remains liable for violations of
duties iIIpo8ed upon him by these PIS even though an obligation ie also imposed on
the occupants of his building. and even though the owner has, by agreement. I
illlposed on the occupant the duty of furniShing required equipment or of COIIIplying
with these PIS.
Bvery owner, or his agent, in addition to being responeible for ..intaining
his builcU"9 in a sound structural condition, ahall be responsible for keeping
that part of the builcUng or preaises which he occupies or controls in a clean.
sanitary. and eafe con/lition including tbe ehared or public areas in a building
conteining two or IIOre dwelling units.
Bvery owner shall, where required by theee PIS, the health or/linance or the
health officer. furnish and ..intain such approved sanitary facilities as
required. and shall furnish and ..intain apprQved devicee, equipment, or
facilities for the prevention of ineect end rodent infestation. and where
infestation has taken place. shall be respollsible for the extermination of any
ineects. rodents. or other pesta when euch extermination is not specifically ..de
the responsibility of the occupant by law or ruling.
Bvery occupent of a dwelling unit, in ad/lition to being responsible for
keeping in a clean. sanitary, and Afe condition that part of the dwelling or
dwelling unit or premiees which he occupies and controls, shall dispose of all
bis rubbish, garbage. and other or9anic ..ste in a unner required by other laws
and re9ulations.
Bvery occupant shall, where required by these PRS and by other laws and
regulatione. furnish and ..intain approved devicee, equillll8nt or facilities
necessary to keep hia premiees safe and sanitary.
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SUBSTARDARD BUILDINGS
Sec. 202. All buildinge or portiona thereof which are determined to be
substandard as defined in theee PRS are hereby declared to be public nuieaneee
and ehall be abated by repair, rehabilitation, demolition. or relDOval in
accordance with the procedure apecified in Chapter 2, .. amended
(Ordinance 3062).
Chapter 3
PBRMI'l'S ARD INSPBC'l'IONS
GENERAL
Sec. 301. JIo penon, firm, or corporation shall erect. construct. enlarge,
alter, repair. lIClVe, iIIprove, remove. convert, or demolish any building or
etructure, or cause or permit the s_ to be done. without fint obtaining a
separate buil/ling permit for each such bIIllding or structure frOlll the Building
Official in the manner and according to the applicable conditions prescribed in
Chapter 3 of the Building Code and in Section 302 of Ordinance No. 3061.
PBBS
Sec. 302. lIIIenever a bIIilding permit is required by Section 301 of these I
PIS, the appropriate fe.. shall be paid to the Buildinca Official as specified in
Section 304 of the Building Code and of Ordinance No. 3061.
INSPEC'l'ION
Sec. 303. All buildinge or structures within the sc:ope of these PRS and all
construction or work for which a permit i8 required shall be Subject to
inspection by the lIousing and c:o.unity Deva10pllent Manager and the Building
Official in accordance with and in the manner provided by the.e PRS and
Sections 305 and 306 of the Building Code.
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Resolution Number ~~s.:,
.," t ~
Chapter 4
IlBPIBITIOIlS
Definitions
Sec. 401. For the purpose of these PRS, certain abbreviations, tarllS,
phrases, words, and their derivatives shall be construed as specified in the
Building Code.
L
BUILDIBG CIDDB shall ..an the Uniform Building Code, published by the
International COnference of Building Officials and the Code currently adopted by
the Board of Supervisors.
BPPICIBRCY LtvIBG OMIT. Bfficiency living unit is a dwelling unit
containing only one habitable room and meeting the requir...nts of
Section 503 (b), Bxception.
1101' 1IAftR. Bot water _11 be water at a tellperature of IlDt leas than
100Op.
flBCBANICAL CDaB ahall _an the Uniform Mechanical Code, published by the
International COnference of Building Officials and the International Association
of PllIIDbing and Mechanical OffiClia1s and the Code currently adopted by the Board
of Supervisors, COunty of Orange.
IIUISAHCE. '!'he following shall be defined as nuisances:
1. Any public DIIi8ance k_ at _on law or in equity jurispndence.
2. Any attractive nuisance which ..y prove detrilDenta1 to children whether
in a building, on the premises of a building, or upon an unoccupied
lot. 'Ibis includes any abandoned velb, shafts, bas_nts, or
excavations I abandonee! refrigerators and motor vehiclesl or any
structurally unsound fences or structures, or any lumber, trash,
fences, debris, or vegetation which ..y prove a ha.ard for inczuisitive
minors .
3. Whatever is dangerous to hWDBn 11fe or is detrillental to health, as
determined by the Bousing and CoIIIIlluni ty Development llanager.
4. Overcrowding a room with occupants.
5. InsuffiCient ventilation or illumination.
6. Inadequate or unsanitary sewage or pllllDbing facilities.
7. Dncleanliness, es determined by the Bousing and Community Development
llanager.
8. Whatever renders air, food, or drink unwholesome or detrimental to the
health of bU11811 beings ss determined by the Bousing and CcliIIIIIIInity
Development llanager.
Chapter 5
SPACE AIID OCClJPAlICY 8'1'AIlDIUU)S
IDCATION ON PIIOPBR'l'Y
Sec. 501. All buildings shall be loceted with respect to ;:roperty 11nes end
to other buildings on the 8_ property 8S required by Section 504 and Part tv of
the Building Code. .ach dwelling unit and each guest room in a dwelling or
lod9ing house shall bave _as to a passageway, not less than 3 feet in width,
leading to a public street or alley. kit courts from apartment houses to the
public way 8hall be not less than .. inches in width and 7 feet in heighth.
nRDS AND COlJRl-&
Sec. 502. (a) Scope. 'lbia Section shall apply to yardS and courts having
required windoWll opening therein.
Resolution i4umber iJ~:8o
(b) Yard8. livery yar4 ah.ll be not 1..s than 3 feet in wi4th for one-story
and ~story buil4ing.. Por buil4ings IIOre than two atorie. in height the
.int.um width of the yar4 shall be increased at the r.te of 1 foot for e.ch
edditional .tory. Where yarde COlIpletely aurround the buil4ing, the required
width ..y be reduced ~ 1 foot. Por buildings exceeding 1. stories in height,
the required width of yar4 &h.ll be COlIputed on the bad. of 1. storie..
(c) COurta. lIv.ry court &hall be not 1e.. than 3 feet in width. Court.
having windOll8 opening on the opposite sidea, ah.ll be not le.. than 6 feet in
wi4th. Court. bounded on three or lIore aidea by the wall. of the building ah.U
be not le.. than 10 feet in length un1e.. bounded on one end by a atreet or y.rd. I
Por building. IIOre than two atories in height the court shall be increased 1 foot
in width and 2 feet in length for each additional atory. Por buildings exceeding
It .tories in height, the required diunsions shall be COIIIputed on the basis of
It stories.
Adequate aceas lIhall be provi4ed to the bottom of all court. for cle.ning
purpose.. livery court IIOre than two stories in height shall be provided with .
horizont.l air intake .t the bottom not 1esa than 10 equare feet in area and
leading to the exterior of the bu114ing un1eu abuting . y.r4 or public sp.ce.
'!'he construction of the .ir int.ke ahall be aa requir.4 for the court walls of
the building, but in no case sh.ll be 1e.. than one-hour fire-resistive.
(d) Projection into Yards. aaves and cornices ..y project into any
require4 y.r4 not IIOre th.n 2 inches for e.ch foot of y.r4 width. Unroofee!
1.nding., porches and stairs ..y project into any required yard provided no
portion extends .bove the floor 1.vel of a h.bi table rOOll, and provi4ee! further
th.t no .uch projection shaU Ob.truct . required exibl.y.
lIOCM DIMBNSIOIlS
Sec. 503. (.) Ceiling .eights. ..bitable rClOllll or area. sh.ll h.ve .
ceiling height of not le.s than 7 feet 6 inches except .. otherwise permitted in
this Section. Kitchen., h.ll., bathrOOlD8, .nd toilet COIIIP8rtlllenta IIIlIY h.ve a
ceiling height of not le.. than 7 feet ....ured to the 10Wllst projection from the
ceiling. lfbere expo.ed beUl ceiling melllben are spaced .t les. than U inches on I
center, the ceiling height ah.ll be me..uree! to the bottom of the.e Mlllbers.
lfbere expo.ed ceiling _lIben .re spaced at .8 inches or lIore on center, ceiling
height ahall be .aaured to the bott:oll of the 4eck supported by the.e IIleIIIbers
provi4ed th.t the bottoll of the .ubere is not 1esa than 7 feet above the floor.
If any room in a buil4ing bas a sloping celling, the prescribed ceiling
height for the room is required in only one-half the are. thereof. Ho portion of
the room mea.uring le.a than 5 feet fram the fini.hed floor to the finiahed
ceiling shall be included in any COIIIplItation of the .in1mum .re. thereof.
If any room baa a furree! ceiling, the prescribed ceiling height is required
1n ~thirds the .re. thereof, but in no c..e shall the height of the furred
ceiling be leu than 7 feet.
(b) Ploor Are.. Bvery c!wel1ing unit .ha11 h.ve .t le.at one room which
ah.ll heve not leas th.n 150 squ.re feet of floor area. Other hebit.ble rOOlD8
except kitchena ahall h.ve an area of not le.s th.n 70 equare feet. Where IIOre
than two peraona OCCUDl/ a room used for sleeping purposes the required floor are.
shall be increased at the rate of 50 aqu.re feet for e.ch occupant in exces. of
two.
Additional sleeping rooas IIIlIY be provide4 to Obt.in proper aeparation of
chil4ren or other dependents reg.rding aex.
BXCBPTIOIII IIothing in this Section shall prohibit the use of an efficiency
living unit within an .p.rtment house meeting the following requirement.:
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1. '!'he unit shall have a living room of not le.s than 200 square feet of
superficial flooc are.. 110 ad4itional 100 equ.re feet of superfici.l
floor area &hall be provided for each occupant of such unit in exce..
of two.
2. !'he unit shell be provided with a separ.te clo.et.
3. 'l'he unit shall be provided with a kitchen .ink, cooking appliance and
refriger.tion facilities each hsving a clear working .pace of not le..
th.n 30 inches in front. Light and ventilation conforming to the.e PRS
&hall be provi4e4.
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Resolution Number ~3 ~
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c. !be unit aha11 be provided with a aeparate bathroom containing a water
closet, lavatory, and bathtub or ahover.
(c) Width. Ro habitable room other than a Il1tchen ahall be less than 7
feet in any dillension.
.ach water closet atoo1 ahall be located in a clear apace not less than 30
inches in width and a clear apace in front of the water closet atoo1 of not less
than 2C inches Bhall be provided.
Additional bathroom facilities ..y be provided in order to alleviate an
overcrowded condition.
LIGB'l' AND VBN'.l'IIATION
Sec. SOC. (a) lIatura1 L~ght and Ventilation. All guest rClCllll8, dormitories,
and habitable rClCllll8 within a dwelling unit aha11 be provided with natural light
bf ..ans of exterior gla.ed openings with an area not less than one-tenth of the
floor area of auch rooms with a ainillunl of 10 square feet. All bathrOOllS, water
clout camparl:lllentB, laundry rOOll8 and ailllilar rOOllS Bhall be provided with
natural ventilation bf ..ans of openab1e exterior openings with IUI area not less
than one-twentieth of the floor area of auch rooms wi th a lIinimum of 1 1/2 square
feet.
All guest rooms, dormitories and habitable rOOll8 within a dwelling unit
ahall be provided with natural ventilation by ..ans of openab1e exterior openings
with an area of not 1es8 than one-twentieth of the floor area of auch rooms with
a ain1aUII of 5 square feet.
(b) Origin of Light and Ventilation. Required exterior openings for
natural light and ventilation aha11 open directly onto a atreet or public alley
or a yard or court located on the a_ lot as the building.
DCBP'l'IOII: Required wind0v8 MY open into a roofed porch wbere the porch:
1. Abuts a .tr..t, yard, or court, and
2. Bas a ceiling beight of not less than 7 feet, and
3. Bas the longer aide of at least 65 percent open and Wlobatructed.
A required window in a aervice room MY open into a vent abaft whicb ia open
and 1IftObstructed to the .ky and not less than C feet in least dieension. 110 vent
abaft aha11 extend through more than two atoriea.
Por the purpoae of determining light and ventilation requir_nts, any room
..y be considered as a portion of an adjoining room when one-ba1f of the area of
the _on wall is open and 1IftObstructed and provides an opening of not les8 than
one-tenth of the floor area of the interior rClClll or 25 square feet, whichever is
greater.
(c) Ilechanica1 Ventilation. In lieu of required exterior openings for
natural ventilation, a ..chanica1 ventilation aystem MY be provided. Such
-:rat_ Bhall be capable of providing two air changes per hour in all guest rOOllS,
dorlllitories, babitab1e rClCllls, and in public corridors. One-fifth of the air
aupp1y aball be taken from the outside. In bathrooms, vater closet CCIIIIpartlllentB,
laundry rooms, and aillilar rClClll8 a IIllChanica1 ventilation BYstem connected
directly to the outsieSe, capable of providing five air changes per hour, .hall be
provided.
(d) .allways. All public ballways, ataira, and other ex1tvaya shall be
adequately lighted at all tilles in accordance with Section 3312(a) of the
Building Code.
SAllITATIOII
Sec. 505. (a) Dwelling Units. Bvery 4ve1ling Wlit ahall ~ provided with a
bathroom equipped witb facilitiea consisting of a vater closet, a lavatory, and
ei ther a bathtub or lIbower.
(b) Hotels. Where private water closets, lavatoriea, and baths are not
provided, there ahall be provided 01\ each floor for each aex at least one water
closet and lavatory and one bath accessible from a public ballway. A44itiona1
Resolution :lumber :3330
water closets, lavatories, and baths uall be provided on each floor for each sex
at the rate of one for every adcUtional guesl:ll, or fractional nllllber thereof in
excess of 10. Such facilities shall be clearly ..rked for -Men- and -Ibmen-.
(c) litchen. Bach dwelling unit shall be provided with a kitchen. Every
kitchen uall be provided with a kitchen sink. 110 tIOOden sink or sink of
slllilarly absorbent ..terial shall be perllitted.
(d) Pixtures. All plllllbing fixtures shall be connected to s sanitary sewer I
or to an approved private sewage disposal syst... All plllllbiftg fixtures shall be
connected to an approved Byst.. of vater supply and provided with hot and cold
running water necessary for il:ll lI8IIual operation, except vater closets shall be
provided with cold vater anly.
All plllllbing fixtures uall be of an approved glazed earthenware type or of
. sillilarly nonabsorbent ..terial.
(e) Water Closet COIIpertmentB. Walls and floon of vater closet
compartmenl:ll except in dwellings shall be finished in accordance with
Section 1711 of the Building Code.
In all occupancies, accessories such as grab ban, towel ban, paper
dispensers and soap diBhes, etc., provided an or within walls, shall be installed
and ..aled to protect structural elements from ~isture.
(f) Roam Separations. Every vater closet, bathtub, or shower required by
these PRS shall be installed in a rOClD which will afford privacy to the occupant.
A rOClD in which a water closet is located shall be separated from food
preparation or storage rooms by s tight-fitting door.
(g) Installation and Maintenance. All sanitary facilities shall be
installed and ..intained in safe and sanitary conditian and in accordance with
all applicable laws.
Chapter 6
STIW\,;TUIlAL RBQlJIRBMBH'l'S
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GBHBRAL
Sec. 601. (a) General. Buildings or structures ..y be of any type of
construction perlllitted by the Building Code. Roofs, floors, walls, foundatians,
and all other structural components of buildings shall be capable of resisting
any and all forces and losds to which they ..y be Subjected. All structural
elements shall be proportioned and joined in accordance with the stress
11llitations and design criteria as specified in the appropriate sectians of the
Building Code. Buildings of every permitted type of conBtructian shall cCllllply
with the applicable requir...nl:ll of the Building Code.
(b) Shelter. Every building shall be .ather protected so as 'to provide
shelter for the occupanl:ll against the elemenl:ll and to exclude dampness.
(c) Protection of Meteriala. All tIOOd shall be protected against termite
d_ge and decay as provided in the Building Code.
Chapter 7
IlBClWlICAL RBQUIRBMBH'l'S
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IIBM'IRG AIID VBIft'ILM'IOR
Sec. 701. (a) .eating. Every dwelling unit and guest r_ shall be provided
with lIeating facilities capable of ..intaining a rOClD temperature of 70OP. at a
point 3 feet above the floor in all habitable rOOlU. Such facilities shall be
installed and ..intained in a safe condition and in accordance with Chapter 37 of
the Building Code, the "chanical Code, and all other applicable laws. 110
unvented fuel-burning lIeater uall be perllitted. All heating devices or
appliances ahall be of an approved type.
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Resolution Number ~~~o
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(b) 81octr1cal Bqu1pment. All electrlcal equlpment, wlrlng, and appllances
aball be installed and ..lntainecS in a aafe ..nner ln accordance wlth all
-wl1cable lava. All electrical equlpment ahall be of an approved type.
Where there is electrical power avanable wlthln 300 feet of the premises of
any buildlng, auch buildlng ahall be connected to auch electrlcal power. Every
babltable roam ahall contaln at least two aupplled electrlc convenience outlets
or CIIIe auch convenience outlet and one aupplied electric Ught fixtllre. Every
water closet comparblent, bathroom, laundry roam, furnace roam, and public hallway
&ball contaln at least one aupplied electrlc 11ght flxtllre.
(cl VentUation. Ventilation for rOOlllll and areas and for fuel-burning
appUances ahall be provlded as requlred ln the Mechanical Code and in this Code.
Where ..chanical ventl1ation ls provided ln 11eu of the natural ventilation
I'equlred by Section SOt of this Code, auch _chanlca! ventilating aystell ahall be
..lntalned ln operation during the occupancy of any buUcUng or portion thereof.
Chapter 8
EXITS
GINBJlAL
Sec. 801. Every dwelllng unlt or gllest 1'001II shall have access directly to
the outside or to a public corddor. All buildings or portions thereof ahall be
provided with exits, edtvays, and appurtenances as reliuired by Cbapter 33 of the
Building Code.
Every aleeplng 1'001II below the fourth atory ahall have at least one operable
window OJ: exterior door approved for emergency egress or relelle. The unlts shall
be operable from the lnslde to provlde a full clear openlng without the use of
aeparate toob.
All egress or reacue wlndon frOll aleeplng rooms &ball have a ID1n1mum net
clear openlng of S.7 lIClUare feet. 'l'he minimum net clear openlng height dilllension
.hall be 24 lnches. 'l'he .ln1ll11111 net clear opening width dlmension 8hall be 20
inches. Where windows are provlded as a Mans of egress OJ: rescue they shall
have a finiahed aill height not ~re than 44 lnches above the floor.
Cbapter ,
FIRE PllO'1'IC'fIOH
GINBlW.
Sec. '01. All buildings or portions thereof ahall be provided with the
degree of fire-realative conatruction aa re;uired by the Building Code, for the
appropriate occupancy, type of construction, and location on property or ln fire
sone, and ahall be provided with the appropriate fil'e-extingu1ahing ayatelllS or
ec;uiPlll8nt rec;llired by Cbapter 38 of the BuUding Code.
Chapter 10
BUBS'rARDMD BlJILDIIfGS
IIIPIIIlTION
aec. 1001. (a) General. Any building or portion thereof including any
dwell1ng unit, gueat I'oam or auite of rOOlllll, or the premises on which the aame is
located, in vhich there exists any of the following lined conditions to an
extent that endllllgers the life, limb, health, property, safety, or welfare of the
public or the occupants thereof aha11 be deemed and hereby is declared to be a
aubstandard building.
(hI lnadeliuate Sanitation. tnadeClUate aanitation shall include but not be
Huted to the following:
1. Lack of or illproper water cloaet, bvatory, bathtub or shower ln a
c!welllng unit.
2. Lack of or 1IIproper vater closeta, lavatodes, and bathtubs or
abowers per nlJllber of guests in a hotel.
Resoluticn ~umber ,,~~O
. '.
3. Lack of or t.proper kitchen sink.
... Lack of hot and cola running water to plllllbing fixtures in . hotel.
5. Lack of bot and cola running water to plllllbing fixtures in .
awalling uni t.
6. Lack of .aequ.te be.ting facilities.
7. Lack of or t.proper oper.tion of required ventil.ting equipment.
8. Lack of mintaua amounts of natur.l light and ventil.tion required
by these PRS.
t. IlooIII ana space ailunsions less th.n required by these PRS.
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10. Lack of required electric.l ligbting.
11. Dupness of b.bitable rOOlllB.
12. Infest.tion of insects, vermin or roClents .s aeterminea by the
Rousing and COIaunity Develor-ent llanager.
13. Gener.l dil.pic!ation or t.proper ..intenance.
14. Lack of connection to required .ew.ge d1Bpos.l ay.tea.
15. Lack of .dequate g.rbage ana rubbi.h stor.ge and remov.l f.cilities
as determined by the Rousing and CoIIIIuni ty Developllent llanager.
(cl Structur.l ....rd.. Structur.l h...ras .h.ll incluae but not be
limited to the following I
1. Deterior.ted or in.aequate found.tions.
2. Defective or deterioratea flooring or floor .upports.
3. Plooring or floor support of insufficient .i.e to carry imposed
loaas .nd ..fety.
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... Members of ..lls, partitions, or otber vertic.l supports th.t
split, le.n, list or buckle due to defective ..teri.l or
deterior.tion.
5. Members of ..lls, partitions, or other vertic.l supports that .re
of insufficient si.e to c.rry imposed loads .ith s.fety.
6. Members of ceilings, roof., ceiling .na roof supports or other
horhont.l Mmber. which s.g, split, or buckle due to defective
..teri.l or deterior.tion.
7. Members of ceilings, roofs, ceiling and roof supports, or other
hori.ont.l Mahers that .re of insufficient .ize to c.rry imposed
loads .i th ..fety.
8. Firepl.ces or chilllleys which list, bulge, or settle, due to
defective ..teri.l or deterior.tion.
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t. Fireplaces or ch1lllleys which .re of inaufficient she or strength
to c.rry imposea loaas .ith s.fety.
10. Dangerou. or deterior.ting fences.
(dl lIIIis.nee. Any nuissnce .s defined in these PIS.
(el Baz.rdous Wiring. All .iring except that which conformed .ith .11
applicable la.s in effect at the t1llle of installation and whicb has been
..intainea in good condition and ia being used in a safe ..nner.
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Reso 1 uti on Number ~ 3 ~ a
... ~ .: ~
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(f) Hazardous Plabing. All plUllbing except that which ClOI\foraed with all
applicable laws in effect at the ttDe of inst:allation and which has been
..int:ained in good condition and which is free of cross connections and siphonage
between fixtures.
(g) Hazardous Mechanical JlqUipment. All MOhanical equipment, including
vents, except that which conforaed with all applicsble laws in effect at the time
of inatallation and which bas been ..int:ained in good and safe condition.
(h) Faulty ..ather Protection, which shall include but not be lillited to
the fo11clwing:
1. Deteriorated, crumbling, or loose plaster.
2. Deteriorated or ineffective water proofing of exterior walla, roof,
fOllndations, oJ; floors, including broken windows or doors.
3. Defective or lack of ..ather protection for exterior wall
coverings, including lsc/c of .-int, or weathering due to lack of
.-int or other spprovec! protective covering.
t. Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(i) Fire Hazard. Any building or portion thereof, device, spparatus,
equipment, CClIIIbuatible waste, or vegetation which, in the opinion of the Orange
County Fire Warden or his deputy, is in such a ClOI\dition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire
explosion arising from any cause.
(:t) Faulty Materials of Construction. All ..terials of COIIstruction except
those which are specifically allowed or approved by these PRS and the Building
c:ode, and which bave been acleq\lllte1y ..intained in good and safe condition.
(k) Hazardous or unsanitery Premises. \'hose premises on which an
aCClllll1lation of weeds, vegetation, :tWlk, dead organic ..tter, debris, garbage,
offal, rat harborages, stagnant water, CClIIIbustible ..teria1s, and dmilar
..terials or ClOI\ditions constitute fire, health or safety hazards.
(1) Inadequate Exits. All buildings or portions thereof not provided with
adequate exit facilities as required by these PRS except those buildings or
portions thereof whose exit facilities confor..d with all applicable laws at the
ti. of their construction and which have been adequately ..intained and
increased in relation to any increase in occupant load, alteration or addition,
or any change in occupancy.
When an \DIufe condition exists through lack of or lIIIproper location of
exits, additional exits ..y be required to be inst:alled.
(n) Inadequate Fire-protection or Fire-fighting JlqUipment. All buildings
or portions thereof which are not provided with the fire-resistive construction
or fire-extinguishing systems or equipment required by these PRS, except those
buildings or portions thereof which ClOI\foraed with all applicable la.. at the
tt.. of their COIIstruction and whose fire-resistive integrity and fire-
extinguishing systems or equipment bave been adequately ..int:ained and improved
in relation to any increase in ocucpant load, alteration or ec!dition, or any
change in occupancy.
(0) _roper Occupancy. All buildings or portions thereof occupied for
living, sleeping, cooking or dining purpoaes which are not designed or intended
to be uaed for such OCCIIpancies.
Resolution Nunber ~:'J~
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Chapter U
BIIERGY aJIISBR'IM'IOH
GINUAL
Sec. 1101. (a) Bner9Y Bfflclency Perfor..nce Bequlrement. Appropriate
energy-conaervlng l~rov...nts such as Insulation, caulking, and ..ather-proofing
nat be aceOlllplished by the owner .. part of the rehabilitation under this part,
provided that these improvements are deter.ined to be cost .ffective over a
period of 15 years.
(b) Bner9Y conservation requireaents in New Building constrllCUon shall
CClIply with Chapter 53, Appendix of the U.B.C.
Chapter 12
RBQOIllBMBN'l'S lOR PHYSICALLY 8ANDICAPPED
GBNUAL
Sec. 1201. (a) Units accaaaoc!aUng physically handicapped occupants with
wheelchairs ana other special equipment shall not contain architectural barrlera
which impede acee.s or use. Bandrails and rU1p8 shall be provided as
appropriate.
BL:decDB5: 1!1
4/19/83
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