13-8-070 Disclosure of violations – Notice – Records – Investigation or inspection report – Certificate of results – Fee.

   When an investigation or investigations, whether upon complaint or otherwise, disclose the existence of a violation or violations of the building provisions of this Code, that are likely to endanger life and safety in cases of this fire, panic, or other accident, or endanger or impair the health of any occupants of any building, structure or place covered by the regulations of this Code, the buildings commissioner shall give notice in writing to an owner, agent or registered agent, occupant, lessee or person in possession or control of such building, structure, premises or place to make such changes, alterations or repairs, or to perform such work, or to take such action as the provisions of the Code, or the safety or health of any person may require within such time as shall be designated by the building commissioner, which shall in no event exceed 15 days after the service of such notice unless the commissioner deems a longer period necessary and reasonable.

   In the event that the changes, alterations, repairs or requirements ordered by the notice of the building commissioner are not made or performed to the satisfaction of the building commissioner within the time specified in the notice, the commissioner may institute enforcement proceedings based on violations of this Code by instituting an administrative adjudication proceeding with department of administrative hearings as provided in Chapter 2-14 or by referring the matter to the corporation counsel for prosecution. Nothing in this section shall be construed as prohibiting the referral of violations of this Code to the department of administrative hearings or to corporation counsel for prosecution irrespective of whether the notice of violation specified herein was transmitted or received.

   The records of such investigation, including inspections of a building, structure, premises and contents thereof, shall be preserved as public records and shall be admissible in an administrative or judicial enforcement proceeding as prima facie evidence as to the contents thereof.

   Upon request of the owner or his agent, it shall be the duty of the building commissioner to issue or cause to be issued to the owner or his agent, a statement attesting that such building, structure or premises either complies in substantial respects with or is in violation of the building provisions of this Code in the respects enumerated, such certificate to be a report of the information contained in the records of the department of buildings and not a finding, estoppel, or legal determination. No person shall use or rely upon the certificate or the information contained therein as a basis for any legal action against the city.

   The fee for said certificate shall be payable to the comptroller and shall be computed as follows:

      (a)   $100.00 for one dwelling unit and $50.00 for each additional dwelling unit.

      (b)   $100.00 for inspection by each additional bureau of the department of buildings as requested by the owner or his agent.

(Prior code § 41-7; Amend Coun. J. 7-9-84, p. 8218; 9-13-89, p. 4604; 7-12-90, p. 18289; 11-17-93, p. 42192; 6-14-95, p. 2841; 10-2-95, p. 8019; Amend Coun. J. 4-29-98, p. 66565, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10)

13-8-080 Reserved.

Editor’s note – Coun. J. 1-23-19, p. 94952, Art. III, § 1, repealed § 13-8-080, which pertained to building code violation, information, and public access.

13-8-090 Open excavations.

   (a)   Any excavation or building foundation that is open and either unsecured or inadequately secured or endangers the public health by reason of being covered with stagnant water is hereby declared to be a public nuisance and the building commissioner or the commissioner of streets and sanitation shall have the power to abate such nuisance in accordance with the requirements of this section. It shall be unlawful for any person to maintain a public nuisance under this section or to cause such a public nuisance to be maintained on any premises under such person's ownership or control. Any person who violates any requirement of this subsection (a) shall be fined not less than $500.00 nor more than $1,000.00 for each offense. In addition to the fine provided for herein, a penalty in the amount up to three times the cost or expense in abating a nuisance under this section may be recovered in an appropriate action instituted by the corporation counsel at the department of administrative hearings or in a court of competent jurisdiction, or in a proceeding initiated by the department of buildings or department of streets and sanitation at the department of administrative hearings.

   (b)   Upon determining that a nuisance under this section exists, the building commissioner or commissioner of streets and sanitation shall serve notice in writing upon the owner of the lot or other parcel of real estate upon which such open excavation or building foundation exists ordering such owner to abate the nuisance under this section by the date certain and in the manner the commissioner shall prescribe, which may include, but is not limited to, an order to fill such open excavation or building foundation with fill material compliant with the Illinois Environmental Protection Act and all other applicable laws, or to fence such open excavation or building foundation adequately, or any combination thereof. Such notice or order shall be served on the owner (i) with or without a return receipt requested, by first class mail or express mail or priority mail or certified mail or registered mail or by overnight carrier or express courier service at the owner's residence address or, if the owner is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by personal service, including personal service upon an employee or agent of the owner at a place of business of the owner or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if service cannot be made by either of (i) or (ii) above, by posting a copy of the notice or order on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the notice or order in a prominent place upon the property where the violation is found. In addition to any other penalty provided by law, if the owner fails to comply with said notice or order by the date certain set forth therein, such owner shall be fined not less than $500.00 nor more than $1,000.00 for each day said notice or order is not complied with after expiration of the date certain specified therein, and the building commissioner or commissioner of streets and sanitation may proceed to abate such nuisance or seek to enjoin it.

   (c)   Nothing in this section shall be construed to prevent the City of Chicago from acting without notice to abate a nuisance under this section in an emergency where the nuisance poses an immediate threat to the public health or safety or from acting without notice to seek to enjoin a nuisance under this section in a court of competent jurisdiction. Nor shall anything in this section be construed to deny to anyone any common law right to abate a nuisance.

(Prior code § 41-8; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 7-25-01, p. 64897, § 2; Amend Coun. J. 6-30-10, p. 95086, § 1)

13-8-100 Dangerous buildings and structures – Posting – Unlawful entry – Fine.

   (a)   Whenever a building or structure or part thereof shall have been damaged by fire, deterioration or other cause, or shows clear evidence of structural failures and where it constitutes an actual and imminent danger to the public, the buildings commissioner shall have the power to order said building, structure or part thereof vacated and closed and to order any licensed and bonded wrecking contractor forthwith to remove said building or structure or part thereof. When the buildings commissioner has ordered a building, structure or part thereof vacated and closed as provided in this section, the buildings commissioner may post or cause to be posted in a conspicuous place near each entrance to the building or structure, a notice measuring no less than 17 inches by 22 inches, stating substantially as follows:

      This building has been ordered closed by the City of Chicago due to code violations that threaten life, health or safety. Entry is forbidden except for necessary repairs and government inspection.

      The notice shall be dated, and shall bear the city seal. If only a portion of the building has been ordered closed, removed or shut down, the notice shall be modified to identify the affected portion, and shall also be affixed at each interior entrance to that portion. The commissioner shall cause a notice as provided in section 13-12-130 to be sent to the owner of the property.

   (b)   Whenever any building, structure or part thereof shall have been vacated and shall have been posted with a sign as hereinbefore specified, it shall be unlawful for any person to enter any closed portion of the building or structure except for the express purpose of wrecking or removing or repairing same as directed by said notice, or for purposes of inspection at the direction of the commissioner of buildings. Any person who enters such a building in violation of this subsection shall be fined in accordance with Section 13-12-040. Any owner, manager, tenant or person in control of the premises who permits any person to enter in violation of a notice posted under this section shall be fined in accordance with Section 13-12-040 for each time that any person is permitted to enter illegally.

(Prior code § 41-9; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 10-1-03, p. 8498, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 8)

13-8-105 Buildings in violation of the building code and vacant lots in violation of the health and safety code – Commissioner's power to post and publish notice.

   (a)   Whenever a court or administrative hearing officer has determined that a building is in violation of the building code as defined in Section 1-4-090(h) of this Code or a vacant lot is in violation of the health and safety code, the building commissioner shall have authority to place a sign which is visible to the public on or near the building or lot to provide notice of the violation. The sign may state the address of the building or lot, the owner or owners of record of the building or lot, other information identifying the owner, the nature of the violation and any relevant information pertaining to pending administrative hearings or court proceedings.

   (b)   Whenever the building commissioner has cause to issue a violation notice for an alleged violation of the building code or health and safety code, as defined in Section 1-4-090(h), the building commissioner shall be authorized to have a public notice published in one or more newspapers which includes any information relating to the filing of any case in a court of law or administrative tribunal or any other action taken by the city seeking enforcement of the building or health and safety code.

(Added Coun. J. 9-10-97, p. 51537; Amend Coun. J. 5-20-98, p. 68999, § 1)