Orange County NC Website
12~ <br />22_ Ai~chitectur•al Baniers_ Per 4 N C.A.C.19L..1007, 24 C_F R §§ 570.487 and 570 614 and _ <br />otlrer applicable law, all applicable buildings or facilities designed, constructed oz altered <br />with CDBG Grant funds shall be made accessible and useable to the physically handicapped <br />as may be required by applicable laws, rules, regulations or• requirements Additionally, <br />Recipient must comply with the following (as may be applicable to CDBG projects}: <br />a. Architectural Barriers Act of 1968 (P.L 90-480). Ihis act requires Recipient to j <br />ensure that certain buildings constructed or altered with CDBG funds ar•e readily <br />accessible to the physically handicapped,. ii <br />b_ Minimum Guidelines and Requirements for Accessible Design 36 C.F .R. Part 1190. I <br />These regulations establish guidelines foz implementing the federal acts described in S <br />4 N.C.A.C.19L_1007(1)(a). The regulations provide technical standards which must <br />be met by Recipient <br />c Americans with Disabilities Act ["ADA"] and the ADA Accessibility Guidelines for <br />Buildings and Facilities or the Uniform Federal Accessibility Standards <br />d. North Carolina Building Code, Volume I, Chapter 11-X Ihese provisions describe <br />minimum standards Recipient must meet in constructing or altering building and • <br />facilities, to make them accessible to and useable by the physically handicapped. <br />23. Change of'Use of Real Property Recipient agrees not to change the use or planned use of <br />any property acquu~ed with CDBG funds from that for which the acquisition or improvement <br />was made, in accordance with this Agreement and applicable law, rule, regulation or <br />zequir~ement, unless (i) the DOC grants explicit written approval and (ii) the r•equiz•ements of~ <br />24 C.F .R § 570.489(j), 24 C.F..R § 5'70 505 and other applicable requirements are followed, <br />as modified {or as may be modified) by HUD or DOC <br />24. Obligation of Recipient With Regard to Vacant Units the recipient shall ensure that <br />all vacant units being rehabilitated will be occupied by a low or~ moderate income <br />person by the time close-out occurs. <br />25. Utility Assessments or Fees: Assessments or fees to recover the CDBG funded <br />portion of a utility project may be charged to properties not owned and occupied by <br />Tow and moderate income persons, Such assessments arse program income and, as <br />such, must be used for eligible CDBG activities that meet a CDBG national objective. <br />26. False or Misleading~Infozrnation Recipient is advised that providing false, fictitious oz <br />misleading information with respect to CDBG funds may result in criminal, civil, oz <br />administrative prosecution under 18 U S C § 1001, 18 U.S_C_ § 1343, 31 U.S C § 3729, 31 <br />U..S.C. § 3801, or anothex• applicable statute. Recipient shall promptly refer to DOC and <br />HUD's Office of the Inspector General any credible evidence that a principal, employee, <br />agent, contractor, sub-grantee, subcontractor, oz other person has submitted a false claim <br />under the False Claims Act oz has committed a criminal or civil violation of laws pertaining <br />to fraud, conflict of interest, bribery, gratuity, oz similar misconduct involving CDBG funds. <br />27. Disputes with DOC If'Recipient has any disagreement or dispute with any action or <br />inaction by DOC, Recipient shall inform DOC by letter addressed to Gloria Nance-Sims, <br />Director, Department of Commerce -Division of Community Assistance, 4313 Mail Service <br />Center, Raleigh, NC 2'7699-4313 the Division of Community Assistance ["DCA"] will <br />endeavor to respond in writing to said letter within 30 days from receipt. Recipient shall not <br />be entitled to a hearing under Chapter 1 SOB for matters described in N C. Gen Stat § <br />150B(c)(8), added by N..C. Senate Bill 960, including matters related to "contracts, disputes, <br />