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HomeMy WebLinkAboutC81-056 General Assistance Program for the PoorORDINANCE NO. 1 SERIES OF 1981 AN ORDINANCE ESTABLISHING A TEMPORARY GENERAL ASSISTANCE PROGRAM FOR THE POOR IN ..� EAGLE COUNTY; ESTABLISHING STANDARDS AND GUIDELINES FOR DETERMINING ELIGIBILITY BENEFITS AND DURATION OF ASSISTANCE; ESTABLISHING A TEMPORARY GENERAL ASSISTANCE ACCOUNT; AUTHORIZING THE DIRECTOR OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES TO ADMINISTER SUCH PROGRAM; PROVIDING FOR BURIAL EXPENSES; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING. WHEREAS, pursuant to § 30-17-101 et sere ., C.R.S. 1973, as amended, the Board of County Commissioners of Eagle County, Colorado, has heretofore adopted a County General Assistance Policy to implement the statutory directive contained in § 30-17-1079 C.R.S. 1973, as amended, to provide relief for poor persons unable to earn a livelihood in consequence of bodily infirmity, mental incompetency or other unavoidable cause rendering such persons unable to earn a livelihood; and WHEREAS, with the enactment of H.B. 1242 (1981), effective June 8, 1981, § 30-17-101, et seq., C.R.S. 1973, as amended, was repealed and reenacted, making the provision of temporary general assistance to the poor an optional under- taking of each county in the state; and WHEREAS, Eagle County hereby, with the adoption of this ordinance, proposes to undertake a temporary general assistance program for the poor in Eagle County; and •� e..� _ `1.. 1 7 nr +..�ti ,�'l. 1}�+•.: t;' .+. Ati -i;-t[ f N..i(!. �•1r :fit i.\Ji .�l• -� t..i...'r ".: •.j'' �.•pIft WHEREAS, Pursuant to § 30-17-103, C.R.S. 1973, as amended, (H.B. 1242), the Board of County Commissioners, having undertaken a temporary general assistance program, is required to establish standards and guidelines for the administration of such program; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, THAT: SECTION 1. Temporary General Assistance Program. A temporary general assistance program for the poor in Eagle County is hereby undertaken. SECTION 2. Standards and Guidelines. ,%Or, The following standards and guidelines are hereby established for determining who is eligible to receive temporary general assistance, what types of assistance shall be offered, what amounts of assistance shall be paid, and for what periods of time such assistance shall be offered: A. Purpose. Temporary General Assistance is intended to provide relief to the poor of Eagle County as defined in these standards and guidelines. B. Eligible persons. Individuals or families qualify to receive general assistance only if they: (i) Have no available income to satisfy the basic -2- needs of shelter, food, clothing or health care; and (ii) Have liquidated all assets and/or borrowed against all real or personal property and must have used said funds to meet the basic needs; and (iii)Have applied for any other potential aid or assistance; and (iv) Have searched for and accepted any reasonable offer of employment, as well as registered with °the Colorado Division of Employment and Training with the exception of persons 65 years of age and older, transients, or persons disabled to the extent they are unemployable as verified in writing by a physician. C. Benefits. General Assistance may be provided eligible persons for the following: (i) Food: If an eligible person(s) is not eligible for emergency food stamps and has no current food supply, a grocery order may be issued for an amount of $ 3.00 for the first person per month and $ 2.00 for each person thereafter per month to a maximum of $ 20.00. (ii) Utilities: (Water, electric, cooking and heating fuel and telephone when required for medical purposes): IS11 a) In an amount not to exceed the utility component of an AFDC grant for a household of the same size; and b) Upon receipt of a "shut-off notice" from a utility company or fuel company; or upon proof of exhaustion of current fuel supply; and c) After exhausting other available aid for such purposes (e.g. LEAP). (iii)Transportation: General Assistance may be issued for the purposes of assisting transients toward their destination under the following conditions: a) On a one-time basis. b) For the purpose of fuel in an amount not to exceed the equivalent of 10 gallons of gas. c) For auto repair in an amount not to exceed $ 50.00. d) To purchase at a maximum of $50.00 for public conveyance. D. Duration of Assistance. General Assistance for persons residing in the county shall be for a period of time not to exceed 30 days or in the case of a person who is disabled to the extent of being unemployable as verified by a written statement from -4- a physician, 60 days; and no longer then 3 days for transients. �..r' SECTION 3. Temporary General Assistance Account. A temporary general assistance account is hereby formally re-established for the purpose of providing money for the temporary general assistance program in the County. In no event shall payment of temporary general assistance benefits exceed, in the aggregate, the appropriation made by • the Board of County Commissioners for the temporary general assistance account. SECTION 4. Director of Social Services to Administer. A. The Director of the Eagle County Department of Social Services is hereby charged with the administration of the Temporary General Assistance Program, subject to review by the Board of County Commissioners. B. Under unusual circumstances and upon a showing of undue hardship, the Director of Social Services may allow a variance from the strict interpretation and application of the provisions of this ordinance and the Temporary General Assistance Program. The decision of the Director is subject to review by the Board of County Commissioners, and any person aggrieved by a decision of the Director may immediately appeal such decision to the Board of County Commissioners, which appeal shall be considered by the Board of County Commissioners at its next regular meeting or at a special meeting called for that specific purpose. -5- e `t SECTION 5. Burial Expenses. Provision is hereby made for the decent burial of any `.0001 person who dies within Eagle County who does not leave sufficient funds for such burial and whose family is either financially unable to provide for such burial or cannot be contacted within a reasonable time. SECTION 6. Penalty and Remedies. A. Any violation of the provisions of this ordinance by an individual shall be punishable by a fine of not more than three hundred dollars for each violation or by imprison- ment in the county jail for not more than ninety days, or by both such fine and imprisonment. B. If at any time the recipient of temporary general assistance acquires funds or other property, he shall be answerable to Eagle County for the expense of the relief furnished. If the recipient fails to reimburse the County upon demand, the County may assert its claim for reimbursement in any court of competent jurisdiction. C. Any penalties and remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other penalties and remedies provided by law. SECTION 7. Enforcement. ,-Mow, The provisions of this ordinance shall be enforced by the Eagle County Sheriff's Department, in the event of criminal prosecution, and the Eagle County Attorney's Office, M Me in the event of a civil action for reimbursement. SECTION 8. Disposition of Moneys. All fines and forfeitures for violations of this ordinance and all moneys collected relative to claims for reimbursement or otherwise shall be paid into the General Fund of Eagle County. SECTION 9. Repeal of Prior Enactments. All Ordinances or Resolutions enacted or adopted prior to the enactment of this Ordinance for the purpose of providing general assistance to the poor, are hereby repealed and super - ceded by this Ordinance. SECTION 10. General Provisions. A. The Board of County Commissioners hereby finds and determines that this Ordinance and the Temporary General Assistance Program are necessary for the public health, peace and safety of the poor who reside in Eagle County and for transients traveling through the County. B. A copy of this Ordinance shall be kept in the Eagle County Department of Social Services and the County Clerk. and Recorder's Office, and there made available for public inspection during normal business hours. 1100*1 SECTION 11. Severability. . The provisions of this Ordinance are severable. If any section, sentence, clause, or phrase of this Ordinance -7- V is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portion of this ordinance. ON THE 17th DAY OF SEPTEMBER, 19812 ORDINANCE NO. 11 Series of 1981, was introduced, read on first reading, approved, and ordered published in full. It was published in full in the Eagle Valley Enterprise on September 24, 1981. On the 5th day of October, 1981, Ordinance No. 1, Series of 1981, was introduced, read, adopted and enacted on second reading and ordered published by title only. It was republished by title only in the Eagle Valley Enterprise on the 15th day of October, 1981. ATTEST: By:WrW erk to t oard of ounty Commissioners EMA COUNTY OF EAGLE, COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By. Dale F. Grant, Chairman 10