CC Resolution No. 1554 40
RESOLUTION NO. 1554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
APPROVING THE AMENDED OWNER-OCCUPIED HOUSING REHABILITATION
PROGRAM GUIDELINES;ESTABLISHING THE COMMENCEMENTDATE FOR
THE GUIDELINES; PROVIDING A REPEALING CLAUSE.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby amends its Owner-
Occupied Housing Rehabilitation Program Guidelines. The guidelines as amended are attached hereto
as Exhibit"A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby declares that the
amended guidelines referenced and incorporated herein in Section 1 hereof shall not be effective until
October 1, 2002, but shall thereafter remain in effect until hereinafter amended or repealed.
Section 3: All ordinances and resolutions or parts thereof inconsistent with the terms of this
resolution are hereby repealed as of the effective date specified in Section 2 hereof,provided,however,
that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution
shall be cumulative of other ordinances and resolutions regulating and governing the subject matter
covered by this ordinance.
INTRODUCED,READ and PASSED,by the affirmative vote of the City Council of the City of
Baytown this the 1 lrh day of July, 2002.
��-
PETE C. ALFARO, Mayor
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
40NACIO RAMIREZ, SgsrtityAttorney
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OWNER-OCCUPIED HOUSING REHABILITATION
PROGRAM
The Housing and Community Development Act of 1974 provides funds for the cities to rehabilitate current
housing stock for low to moderate-income homeowners. Grants are made to cover the cost of repairs and
improvements necessary to make the property conform to public standards for decent, safe and sanitary housing
as required by applicable codes. The purpose of the Owner-Occupied Housing Rehabilitation Program is to
encourage the rehabilitation and conservation of the community's older housing stock.
The program requirements are based on home ownership within the city limits and annual income with no age
restrictions. The income guidelines include all sources of income for all members of the household. The
purpose of this program is to assist homeowners with much needed home repairs of code violations, such as
electrical, plumbing, foundation, and roof repair. Cosmetic repair items are considered only after all code items
have been corrected. The Owner-Occupied Housing Rehabilitation Program operates on a first-come, first-serve
basis. There is a waiting list. The homeowner needs to complete the following application process and return
the application to the Community Development Office.
An Applicant whose home has been rehabilitated previously under the Owner-Occupied Housing Rehabilitation
Program shall only be eligible for one emergency repair project or modifications for the disabled. Modifications
for the disabled shall include,but not limited to,access ramps, grab bars,and widening of doors. The Director of
Planning and Community Development or his/her designee shall determine emergency repair items. Emergency
repair items shall not include any cosmetic work.
The Owner-Occupied Housing Rehabilitation Program provides the following types of assistance:
1. Up to$5,000 for Emergency Repairs;
II. Up to$6,000 for Handicap/Disabled Modifications;
Ill. Up to$25,000 for Major Rehabilitation;
IV. Up to$36,000 for a 2-Bedroom Reconstruction;and
V. Up to$42,000 for a 3-Bedroom Reconstruction.
REQUIREMENTS FOR THE APPLICATION REVIEW
The homeowner must complete and return the Owner-Occupied Housing Rehabilitation application and include
the appropriate documents to verify the following:
I. Composition of Household
Household composition should include all persons who occupy the applicant's housing unit at
the time of application. The occupants may consist of a single person; group of persons related
by birth, marriage, adoption, or law; or a group of unrelated persons who share living
arrangements. Documentation shall include the following information for each person:
A. Copy of Social Security Card;
B. Proof of marital status shall be required in instances of divorce, widow, or widower;
and
C. Verification of Student Status.
il. Household's Annual Gross Income.
The applicant household's annual gross income must not exceed the maximum income limits
calculated each year based on HUD's guidelines and fifty percent(50%) of the median income
of residents of the Houston Primary Metropolitan Statistical Area. Documentation for this
eligibility requirement shall include all of the following that apply for ALL household
members of the house:
EMBIT A
Owner-Occupied Housing Rehabilitation Program,Page I
A. Income tax returns for the past three years;
B. Social Security Award Letter stating amount of monthly Social Security or S.S.I.
for all household members;
C. Unemployment Verification for all non-working household members;
D. Proof of interest from investments for all household members;
E. Proof of child support,alimony,or separate maintenance;
F. Award letter from Veteran's Administration;
G. Verification of self-employment wages;
H. Food stamp award letter;
1. Welfare verification;
J. Employment Verification for all working household members;
K. Verification of regular gifts/contributions;
L. Copy of all checking and savings account(s)monthly statements for the past three months; and
M. Proof of any other source of income.
III. Ownership and Occupancy.
The applicant must own and occupy the home as the primary residence. Please submit all of the following that
apply for proof of ownership:
A. A copy of the Deed on your home and on any other property owned(Copy of Contract for Deed will
not fulfill program requirements);
B. Verification from the lienholder or the mortgage company that the house payments are current;
C. Verification from the taxing entities that all ad valorem taxes are current;
D. Copy of the current utility bill; and
E. Verification from the utility companies that all payments for utility services are current.
IV. Eligible Homes.
Eligible homes must meet the following criteria:
A. Located within the city limits of the City of Baytown;
B. Single-family, detached dwelling units,excluding mobile and manufactured homes;and
C. Excludes accessory structures.
V. Property Condition and Maintenance.
In order to qualify, the homeowner shall be in compliance with the following chapters of the
City of Baytown Code of Ordinances as determined by the City of Baytown Code Enforcement
Officer for that area. The homeowner shall continue to be in compliance throughout the
project of the following and all amendments thereto:
A. Property clear of debris so as not to constitute a public nuisance as stated in Chapter
26 "Urban Rehabilitation Standards" of the Code of Ordinances of the City of
Baytown,
B. Property shall be clear of all junked and abandoned vehicles per Chapter 34, Article
III, "Junked, Wrecked,Abandoned Property"of the Code of Ordinances of the City of
Baytown,
C. All buildings, other than the residence, on the property shall be secure and be in
compliance with Chapter 26, "Urban Rehabilitation Standards" of the Code of
Ordinances of the City of Baytown,and
D. Property shall be free and clear of all objects or conditions that would constitute a
possible and probable medium of transmission of disease to or between human beings
as per Chapter 42, "Health and Sanitation" of the Code of Ordinances of the City of
Baytown.
Owner-Occupied Housing Rehabilitation Program,Page 2
GENERAL INFORMATION ON THE REHABILITATION PROCESS
Once your application has been reviewed, and it has been determined that you qualify for the Owner-Occupied
Housing Rehabilitation Program,the Housing Rehabilitation Specialist will take the following steps:
1. Conduct a Homeowner's Workshop at which time Staff will meet with the homeowner to
discuss the program process and any known problems with the home, including, but not
limited to, leaking roof, faulty electrical, faulty plumbing, and foundation repair;
2. Walk through and evaluate interior and exterior of structure, including, but not limited to, lead
evaluation;
3. Walk through with the Chief Building Official, or his/her designee for final evaluation of code
compliance issues;
4. Complete a work write-up that includes the scope of work to be performed on the home;
5. Prepare a bid package and advertise for bids;
6. Conduct a pre-bid conference to ensure that the rehabilitation specifications are understood by
all bidders;
7. Open bids and present the bids to City Council who will award the contract to the lowest
responsible bidder;
8. Prepare all other necessary forms for execution by the homeowner, contractor, and the
Community Development Housing Rehabilitation Specialist. These forms include, but are not
limited to:
a. Contract,
b. Owner Lien Agreement,
C. Intent to Place Lien,
d. Supplemental Side Agreement,
e. Right to Financial Privacy Act,
I. Affidavit&Indemnity,
g. Non-discrimination Clause,
h. Disposition of Property,
i. Notice to Proceed,
j. Lead Disclosure,
k. Pre-Construction Conference,
1. Contractor Authorization,
in. "No Employee"Affidavit,and
n. Bidder's Security Return.
Once these steps have been completed, work should begin on your home within ten (10) days of the date the
contract being executed. Depending on the scope of the project, the work will take approximately thirty(30) to
sixty (60) working days. A working day is an eight-(8) hour day, Monday through Friday, excluding holidays.
The work schedule will be adjusted for inclement weather.
The City of Baytown's Owner-Occupied Housing Rehabilitation Program is an owner-occupied program.
Neither the contractor, nor the Community Development Housing Rehabilitation Specialist can force the
homeowner to move during the course of the work. However, the repairs can generally be completed in less
time if the homeowner has somewhere else to stay at his/her expense. There will be a period of time when the
utilities may be disconnected. This can be a great inconvenience to the owner. Prior to any work being done, it
is the homeowner's responsibility to remove pictures from the walls, pack away breakable items, and remove
articles from closets and cabinets. The homeowner is responsible for breakage or loss of personal items. It is
Owner-Occupied Housing Rehabilitation Program,Page 3
also the homeowner's responsibility to move the furniture. The homeowner shall secure all pets during the write-
up and rehabilitation process.
The homeowner may be required to replace the kitchen stove if the plumbing inspector determines that it will not
meet the applicable code requirements. If all of the burners, pilot lights, and broiler are not in good working
order, the inspector cannot approve final gas inspection and Reliant will not turn on the gas.
The scope of work may include installing sheetrock or repairing existing sheetrock and applying paint. If floor
covering is to be installed, the homeowner will be given a choice between carpet and vinyl floor covering.
Ceramic the will not be installed. Floor covering will not be replaced merely because the homeowner no longer
likes it.
The City of Baytown's Housing Rehabilitation Program will only add a room or make a room larger if the house
does not meet the requirements of Section 26-226 of the Code of Ordinances,which requires a certain number of
square feet per sleeping quarters. Adding or enlarging a room is only done in extreme cases.
The City of Baytown's Owner-Occupied Housing Rehabilitation Program does not include the installation of
cable, air conditioning units,or telephone lines.
The contractor will furnish a one-year warranty on all the repairs made to your home. If you have any problems,
you should contact the Community Development Office as soon as possible. If the homeowner or someone
other than the original contractor attempts to make a repair, the warranty may be voided, and the homeowner
will be responsible for the cost of the repairs. The warranty does not cover damages caused by homeowner
abuse,normal wear and tear,weather,neglect,or intruders.
The owner(s) of the property shall be required to attend a Community Development homeowners' workshop that
includes education on maintenance and homeowner responsibilities after the work is complete.
RELATIONSHIP BETWEEN THE CITY OF BAYTOWN, THE CONTRACTOR,
AND THE HOMEOWNER
The Director of Planning and Community Development or his/her designee will represent the City of Baytown,
when it is necessary to resolve disputes between the homeowner and the contractor. The resolution of the
Director of Planning and Community Development or his/her designee shall be final and binding upon both the
homeowner and the contractor. The Director of Planning and Community Development or his/her designee has
the right to change the write-up as necessary as work progresses. The contractor, Community Development
Housing Rehabilitation Specialist, Community Development Planner, and Director of Planning and Community
Development shall sign the change orders necessitated by a change in the scope of the project. The Housing
Rehabilitation Specialist and the contractor will only speak with the person/persons who signed the contract
regarding the project. If the need arises to speak to the contractor, the homeowner should contact the Housing
Rehabilitation Specialist. The homeowner shall not interfere with the work of the contractor. The contractor and
his/her employees shall not be discriminated against on the basis of religion, race, national origin, or gender.
The homeowner shall not have any additional work performed on the house during the rehabilitation process.
Only the work described in the work write-up or approved change order will be done.
The City of Baytown shall act as the homeowner's representative throughout the entire course of rehabilitation.
INFORMATION ON THE LIEN AGREEMENT
In the event the owner(s) sells, assigns, encumbers, or transfers the property within five years from the date of
acknowledgement of final completion of the work required, the owner will be held liable to the City of Baytown
for the amount of reimbursement according to the schedule below. In the event of the death(s)of the owner(s)of
the property,the estate will be required to reimburse the City the following amounts if the death occurs within:
➢ the first twelve(12)months- 100%of the total rehabilitation project
Owner-Occupied Housing Rehabilitation Program,Page 4
➢ thirteen(13)to twenty-four(24)months- 80%of the total rehabilitation project
➢ twenty-five(25)to thirty-six(36)months-60%of the total rehabilitation project
➢ thirty-seven(37)to forty-eight(48)months-40%of the total rehabilitation project
➢ forty-nine(49)to sixty(60)months-20%of the total rehabilitation project
The lien will not be released until the estate as described above makes the appropriate payment. During the
five(5)year period upon sale,transfer of title, failure to maintain completed code compliant repairs,or cessation
of owner-occupied status,the unforgiven balance of the assistance provided shall be due within sixty(60)days
and payable to the City of Baytown. If not paid within the time specified, interest will be accrued at a rate of one
percent(1%) each month.
GENERAL INFORMATION
Violating the guidelines in any manner constitutes violation of the contract and the homeowner will be
disqualified from the Owner-Occupied Housing Rehabilitation Program and all other housing programs offered
by the Community Development Office. Upon the determination by the Director of Planning and Community
Development or his/her designee that a violation of the guidelines has occurred, the applicant(s) must repay the
City of Baytown in full for all work performed on the home.
Any person wishing to appeal a decision of the Director of Planning and Community Development or his/her
designee on the grounds that the decision misconstrues or wrongly interprets these guidelines may, within thirty
(30) days after the decision, appeal the decision to the City Manager and/or his designee, provided that the
homeowner gives notice of appeal in writing to the City Clerk within such thirty (30) day period detailing the
basis of the appeal.
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