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.

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)

13-8-110 Removal of notice – Written permission required.

It shall be unlawful for any person to remove, cover or obliterate, any sign notice or notices lawfully posted by the building commissioner, without the written permission of the building commissioner.

Any person who removes, covers, obliterates, or defaces any sign posted pursuant to Section 13-8-105(a) without the written permission of the building commissioner shall be subject to a fine up to $500.00.

(Prior code § 41-10; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 9-10-97, p. 51538; Amend Coun. J. 5-20-98, p. 68999, § 2)

13-8-120 Work ordered by city – Warrant for collection issued to owner of record.

Whenever any work such as wrecking, razing, tearing down, shoring or underpinning, cleaning up, filling, barricading or fencing shall have been done at city expense either by direct order of the buildings commissioner or under a contract negotiated by D.P.S., the commissioner shall cause a warrant for collection to be issued to the owner of record. No permits shall be issued for any work for which a permit is required nor shall any license be approved for any such premises for which any such charge shall remain unpaid.

(Prior code § 41-11; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 9-4-02, p. 92670, § 3)

13-8-130 Permit privileges – Suspension.

(a) The Commissioner of Buildings may suspend the ability of any person to submit new applications or complete pending applications for a building permit, sign permit, electrical permit or other permit issued by the Department of Buildings when the Commissioner determines that the person:

(1) performed or directed work requiring the issuance of a permit under this Code without the issuance of such permit; or

(2) performed or directed work deviating from the drawings, plans or scope of work approved by the appropriate department issuing the permit in any work done under the authority of a permit issued pursuant to this Code where said deviation would require a prior written approval other than an in-field approval of the issuing department or such deviation would require the issuance of a new or revised permit; or

(3) performed or directed work in violation of a stop work order; or

(4) performed or directed work that results in the issuance of a stop work order by the City under section 13-12-080, 13-32-120, 13-32-130 or of this Code; or

(5) upon completion of work requiring a rough or final inspection or certification, failed to contact the department to schedule a required inspection or failed to submit a required certification; or

(6) upon completion of work requiring a certificate of occupancy, failed to contact the department to obtain a required certificate of occupancy; or

(7) utilized or directed any person of a building or construction trade or craft who is not licensed, certified or registered by the City to perform work that is required to be performed by a person licensed, certified or registered by the City; or

(8) when a permit requires the listing of the name or identification number of a person required to be licensed, registered or certified by the City to perform the work, utilized or directed any person of a building or construction trade or craft to perform work other than the person or entity whose name or identification number is listed on the permit; or

(9) listed or allowed the listing or use of one's license, certification or registration name or identification number on a permit application or a permit when that work is performed by another person; or

(10) made a false statement on a permit application or aided and abetted another person in making a false statement on a permit application; or

(11) performed or directed work contrary to this Code or failed to perform work required by this Code, and such action resulted in a substantial defect, error or deficiency requiring a reinspection or re-review by the department; or

(12) failed to correct any substantial defect, error or deficiency as directed by the department; or

(13) performed or directed work that poses an immediate or imminent threat to the health and safety of workers or the public; or

(14) has been indicted or charged under any State or federal law with the offense of bribery of a public official or fraud upon a public body or similar offense; or

(15) has unpaid fines and fees due and owing to the United States Department of Labor Occupational Safety and Health Administration for violations relating to workplace safety or unsafe work practices.

(b) If the Commissioner suspends the ability of any person to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings pursuant to this section the Commissioner shall:

(1) notify the person in writing by first class mail at the address of record on the person's license, registration or certificate attesting to the basis for the suspension and a statement that no new permit applications or pending permit applications for any work at any location other than to correct the basis for the suspension will be accepted or processed until the basis for the suspension is corrected and verified by the department;

(2) include a statement that the person may file a written request with the Commissioner to contest the basis for the suspension;

(3) include a statement that in addition to any other fees and fines, a fee of $150.00 shall be paid to the City for each inspection or review conducted by the City to verify compliance; and

(4) include a statement that if the person contests the basis for the suspension and does not agree with the final decision of the Commissioner, the person may appeal the final decision to a court of competent jurisdiction.

(c) (1) If the Commissioner suspends the permit privileges of a person under this section, the person may file a written petition with the Commissioner for reinstatement of the permit privileges. The petition shall include proof that the noncompliance has been abated or corrected and that all related fines and fees have been paid. In addition to any other fees and fines, a fee of $150.00 shall be paid to the City for each inspection or review conducted by the City to verify compliance. If the Commissioner suspends any person’s permit privileges under this section, the Commissioner may process an application for or revision to a permit if the permit is for work that would correct the basis for the suspension of permit privileges.

(2) If the commissioner reinstates a person’s permit privileges in accordance with subsection (c)(1) of this section, such person shall not be listed on more than ten active permit applications at anyone time for a period of one year from the date of such reinstatement.

(d) For purposes of this section:

“Substantial defect. error or deficiency” means any work that creates a danger to the health or safety of workers on the site to current or eventual users or occupants of the building, structure, premises or part thereof, or to the public.

“Noncompliance is corrected” means that the work or deviation or omission or other noncompliance has been corrected and the correction has been verified and approved by the department. If the work cannot be corrected due to the work not being eligible for the approval of a permit under this Code, then the term “noncompliance is corrected” shall mean that the building, structure and property has been fully returned to its pre-work state in a manner consistent with all health and safety provisions of this Code, or the building, structure and property has been fully brought into compliance as verified by the department with any applicable settlement agreement, consent decree or order by a court of competent jurisdiction.

“Suspend the ability of' or “suspend the permit privileges of' includes, but is not limited to: (1) deactivating the ability of the person to submit or update permit applications electronically; (2) suspending further processing of any permit applications that have been submitted but for which the permit has not been issued; (3) withholding approval of any permit applications that have been submitted but for which the permit has not been issued; and (4) declining to accept new permit applications submitted in any format whatsoever.

(e) The Commissioner may promulgate rules for the proper administration and enforcement of this section.

(f) Nothing in this section shall limit or affect the power of the City to issue a stop work order or exercise emergency closure powers under this Code or to suspend or revoke a license, certification or registration under this Code.

(g) Any person whose license, registration or certification is suspended or revoked may not be issued a new license, registration, certification or permit system identification number by the City during the period of suspension. In the event that the person whose license, registration or certification is suspended or revoked is an entity, then no controlling person(s) of that entity, as defined in Section of this Code, may be issued a new license, registration, certification or permit system identification number by the City during the period of the suspension or revocation.

(Added Coun. J. 2-22-17, p. 43876, § 18; Amend Coun. J. 9-20-18, p. 84890, Art. III, § 1)

Editor's note – Coun. J. 7-29-98, p. 74835, § 3, repealed former § 13-8-130, which pertained to appeals of order or determination pertaining to the closure or demolition of any building.

Notes

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