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(a) Upon a change of ownership of a Regulated Development, each new Owner of the Regulated Development or any part thereof shall comply with the Plan approved for that Regulated Development until such time as the building commissioner approves an amendment or other modification of the Plan for that Development.
(b) A change of ownership of a Regulated Development shall not be considered to be an amendment. However, the Owner of a Regulated Development for which a Plan is required or has been approved shall notify each new Owner of the applicability of the Plan to the Regulated Development, and provide each new Owner with a copy of the Plan, before consummation of the sale of the Development. A violation of this subsection (b) shall be punishable by a fine of $500.00.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 211)
A non-refundable fee for review of a Plan submission or variance request shall be remitted to the building commissioner as part of the Plan submission or variance request. The fee for review of a Plan submission, or variance request based upon Section 11-18-090(b)(2), (3) or (4), shall be as follows:
(a) For Regulated Developments affecting less than 50,000 square feet – $1,000.00.
(b) For Regulated Developments affecting 50,000 or more square feet – $3,000.00.
The fee for review of a variance request based upon Section 11-18-090(b)(1) shall be 50% greater than the amounts specified in (a) and (b) above.
(c) For amendments to a Plan submitted within one year of Plan approval, the fee shall be $350.00 per submission. For amendments submitted over one year after Plan approval, the fee shall be $500.00 per submission.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 212)
(b) Exceptional circumstances justifying the application of this section shall exist only where the Applicant can clearly demonstrate, to the satisfaction of the commissioner, that one of the following four circumstances exists:
(1) The Applicant cannot comply with Section 11-18-030 because of the site's exceptional physical conditions or circumstances. To demonstrate that such conditions or circumstances exist, the Applicant must provide supporting documentation. At a minimum, the Applicant must show that the site is designed to minimize the peak rate of discharge and volume of stormwater from the Development. Such showing must include a BMP feasibility evaluation for each building, parking area, landscaped area and each other significant footprint at the site. The evaluation must include all necessary technical computations and analyses (examples include engineering, architectural and horticultural analyses) to assess fully the applicability of pertinent BMPs and the extent to which they can be applied to comply with Section 11-18-030.
(2) The Applicant cannot comply with Section 11-18-030 without causing a public nuisance.
(4) The Regulated Development is a registered landmark and compliance with Section 11-18-030 would violate the Regulated Development's landmark status.
(c) Applications for a variance shall be in a form prescribed by the commissioner. All applications for a variance shall bear the notarized signature and certification of a professional architect, engineer or geologist licensed in the State of Illinois.
(d) In applying for a variance, an Applicant may propose, and the commissioner may consider, alternative measures to accomplish the stormwater management goals of this chapter.
(Added Coun. J. 12-13-06, p. 95586, § 1)
To enable the commissioner, or his designee, to monitor compliance with this chapter, the Owner shall permit access during reasonable hours to those areas of a Regulated Development affected by the Plan.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
The commissioner is authorized to promulgate regulations to effectuate the purposes of this chapter. Any regulations so promulgated shall be considered as an integral part of the Chicago Stormwater Management Ordinance and shall be enforceable, and their violation subject to the same penalties, as set forth in this chapter.
(Added Coun. J. 12-13-06, p. 95586, § 1)
(a) Except as otherwise specifically provided in this chapter, the commissioner, and his respective designee, are authorized to enforce this chapter and any regulations promulgated hereunder, including the issuance of citations for violations.
(b) Owners, developers and any other persons who violate any provision of this chapter shall be jointly and severally liable for each such violation.
(c) The failure to obtain a plan approval if required by this chapter shall subject the violator to a civil penalty of $5,000.00 to $10,000.00. Except as otherwise specifically provided, other violations of this chapter shall be punishable by a civil penalty of $100.00 to $1,000.00 for each such violation. In addition to any penalties imposed for violations of this chapter, violations of any Plan requirement or condition shall be punishable by a penalty of not less than $100.00 and not more than $1,000.00 for each such violation. Each day a violation continues shall be considered to be a separate violation. In addition to the civil penalties specified herein, the City may recover as an additional civil penalty its attorneys' fees and three times the amount of all costs and expenses incurred by the City in abating or remediating a violation of this chapter.
In addition to any other remedies, penalties or means of enforcement provided in this chapter, if the commissioner, on due investigation, makes a determination of noncompliance, he may request the corporation counsel to make application on behalf of the City to the Circuit Court of Cook County for such other order as the Court may deem necessary or appropriate to secure compliance. The corporation counsel may then institute proceedings on behalf of the City, as provided by law.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
(a) The commissioner may issue a cease and desist order to stop any person from proceeding with any activity regulated under this chapter when the commissioner has reason to believe that such activity is in violation of this chapter, or that the activity endangers human or animal health, endangers the environment, or has the potential to cause or worsen flooding or wasteful use of water. The commissioner may enforce a cease and desist order pursuant to this section or pursuant to section 11-18-130(d).
(b) Prior to imposing the penalty specified by this section, the commissioner(s) issuing the cease and desist order shall serve the respondent with a copy of the order, stating the nature and location of the violation, the date by which the respondent must cease and desist the illicit activity, the amount of the applicable penalty for noncompliance, the respondent's right to request an administrative hearing to contest the merits of the order, and the time and manner in which a hearing may be requested. Service of the cease and desist order shall be in the manner set forth in Section 2-14-074 of this code.
(c) (1) Within 10 days of service of the cease and desist order, the respondent may submit to the commissioner(s) a written request for a hearing to be conducted by the City's department of administrative hearings. Upon receipt of a timely request for a hearing, either or both of the commissioners shall institute an enforcement action with the department of administrative hearings. Notice of the administrative hearing shall be given to the respondent in the manner set forth in Section 2-14-074 of this code.
(2) In the event the respondent fails to comply with a cease and desist order or fails to request a hearing within the 10-day period provided in subsection (c)(1) of this section, the commissioner(s) issuing the order may institute an action to enforce the order with the department of administrative hearings. Notice of the administrative hearing shall be given to the respondent in the manner set forth in Section 2-14-074 of this code.
(d) Upon the initiation of an enforcement action pursuant to subsection (c) of this section, the department of administrative hearings shall appoint an administrative law officer who shall conduct the hearing within 30 days of receiving; the request. Chapter 2-14 of the code shall apply to any hearing conducted pursuant to this section. The cease and desist order shall remain in effect until the department of administrative hearings has taken final action on the matter. In addition to imposing fines and penalties consistent with this section, the administrative hearing officer shall have the authority to affirm, vacate or modify the cease and desist order.
(e) The penalty specified by this section shall be imposed either upon expiration of the time period in which the respondent may seek review by the department of administrative hearings, or upon the administrative law officer's finding adverse to the respondent, as applicable.
(f) Violations of an order issued under this section shall be punishable by a penalty of $10,000.00. Each day that the violation continues beyond the specified cessation date shall be deemed a separate offense.
(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)