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Subdivision 113 – Violations and Enforcement
CHAPTER 13-12
ENFORCEMENT OF BUILDING, ELECTRICAL AND FIRE REGULATIONS
Article I.  General
13-12-010   Scope.
13-12-020   Code violations – Liability.
13-12-030   Building owner or agent – Posting requirements.
13-12-040   Violation of chapters enumerated in Section 13-12-010 – Penalty.
13-12-050   Construction, alteration, installation, repair or razing without permit – Penalty.
13-12-060   Architects, engineers, contractors, etc. – Failure to conform with code provisions – Penalty.
13-12-070   Failure of property conformance with code – Request for injunction.
13-12-080   Failure to acquire permits for construction, alteration, installation, repair or razing – Stop work order.
13-12-090   Remedies cumulative.
13-12-100   Official right of entry – Interference unlawful.
13-12-110   Violation or noncompliance by a business – License revocation.
13-12-120   Code violations – Closure of buildings or premises.
13-12-125   Vacant buildings – Owner required to act – Enforcement authority.
13-12-126   Vacant buildings – Mortgagee required to act – Enforcement authority.
13-12-127   Mortgagee to inspect real estate.
13-12-128   Termination.
13-12-129   Vacant buildings – Water supply shut off.
13-12-130   Dangerous or unsafe buildings – Written notice – Demolition, repair – Costs.
13-12-131   City board up provision.
13-12-135   Minimum requirements for vacant buildings.
13-12-140   Vacant or open buildings – Watchman required – Violation – Penalty.
13-12-145   Improperly maintained buildings and structures subject to nuisance abatement proceedings.
13-12-147   Hazardous vacant buildings – Mandatory incarceration authorized when.
13-12-148   Hazardous vacant buildings – Warning placard for first responders authorized when – Unlawful acts.
13-12-150   Severability.
Article II.  Electrical Provisions
Part A.  General
13-12-160   Space and access to be provided.
13-12-170   Removal of obstructions and examination of equipment.
13-12-180   Unlawful use of electrical equipment and appliances.
13-12-190   Cut off power and attaching seals.
13-12-200   Disturbance of existing wiring.
13-12-210   Overfusing conductors or apparatus.
Part B.  Reserved
13-12-220   Reserved.
13-12-230   Reserved.
13-12-240   Reserved.
13-12-250   Reserved.
13-12-260   Reserved.
13-12-270   Reserved.
Part C.  Reserved
13-12-280   Reserved.
13-12-290   Reserved.
13-12-300   Reserved.
13-12-310   Reserved.
13-12-320   Reserved.
13-12-330   Reserved.
13-12-340   Reserved.
Part D.  Reserved
13-12-350   Reserved.
Part E.  Permits Generally
13-12-360   Permits required.
13-12-370   Permits – Issuance conditions.
13-12-375   Reserved.
13-12-380   Inspection.
13-12-390   Reserved.
13-12-400   Reinspection.
13-12-410   Record of permits.
13-12-420   Use of equipment.
13-12-430   Suspension of permit privileges.
13-12-440   Revocation of permits.
13-12-450   Use of permit issued to another.
13-12-460   Permit for person not entitled to one.
13-12-470   Alteration of forms.
13-12-480   Revocation of permit or certificate of inspection; and suspension, revocation or reinstatement of a certificate of registration.
Part F.  Monthly Permits
13-12-490   When issued.
13-12-500   Application.
13-12-510   Appointment of supervising electrician.
13-12-520   Certification of supervising electrician.
13-12-530   Record of installation.
13-12-540   Revocation of permits.
Part G.  Maintenance Permits
13-12-550   Maintenance listing for permit privileges.
13-12-560   Application.
13-12-570   Maintenance.
13-12-580   Work installed by contract.
13-12-590   Locations of buildings to be recorded.
13-12-600   Appointment of supervising electrician.
13-12-610   Certification of supervising electrician.
13-12-620   Revocation of permit.
Part H.  Reserved
Part I.  Reserved
Part J.  Poles, Wires and Conductors
13-12-820   Permit to erect.
13-12-830   Requirement before permits issued.
13-12-840   Inspection and fees.
13-12-850   Removal of pole.
13-12-860   Location.
13-12-870   Impeding traffic.
13-12-880   Supervision.
Part K.  Violation of Article
13-12-890   Penalty
ARTICLE I.  GENERAL* (13-12-010 et seq.)
* Editor's note – Coun. J. 11-3-99, p. 13842, § 1, added the title of Article I to read as herein set out.
13-12-010  Scope.
   The provisions of this chapter shall apply to the building provisions, electrical and fire regulations and minimum standards of living and working conditions of this Code. In interpreting and applying said provisions of this Code such provisions shall in every instance be held to be the minimum requirements adopted for the protection and promotion of the public health, safety and welfare.
(Prior code § 39-1; Amend Coun. J. 10-2-95, p. 8019)
13-12-020  Code violations – Liability.
   Unless otherwise specifically provided, the owner, his agent for the purpose of managing, controlling or collecting rents and any other person managing or controlling a building or premises in any part of which there is a violation of the provisions of this Code enumerated in Section 13-12-010, shall be liable for any violation therein, existing or occurring, or which may have existed or occurred, at or during any time when such person is or was the person owning or managing, controlling, or acting as agent in regard to said buildings or premises and is subject to injunctions, abatement orders or other remedial orders. Wherever used in said provisions of this Code, the “owner” shall include any person entitled under any agreement to the control or direction of the management or disposition of the building or premises or of any part of the building or premises where the violation in question occurs.
   The liabilities and obligations hereunder imposed on an owner shall attach to a trustee under a land trust, holding title to such building, structure or premises without the right of possession, management or control, unless said trustee in a proceeding under said provisions of this Code discloses in a verified pleading or in an affidavit filed with the court, the name and last known address of each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling or collecting rents, as the same may appear on the records of the trust.
   The liabilities and obligations imposed on an owner shall attach to any mortgage company or any other person with or without an interest in the building or premises who knowingly takes any action in any judicial or administrative proceeding that is intended to delay issuance or enforcement of any remedy for any violation of the Building Code then in existence; provided that with respect to fines such person shall be liable only for fines which accrue on or after the date of such action; and further provided that no liability shall be imposed under this section for any action taken in any proceeding, including a proceeding to foreclose on a lien, that does not delay or prevent the prosecution of any action brought by the city to enforce the Building Code.
(Prior code § 39-2; Amend Coun. J. 4-12-00, p. 29471, § 1)
13-12-030  Building owner or agent – Posting requirements.
   The owner of any building having residential units designed or used for two or more family units or designed or used for sleeping accommodations, other than family units, for more than ten persons shall post, or cause to be posted, in a prominent place in a common area of the building accessible from the public way, or affixed to the building so as to be visible from the public way, the name, address, and telephone number of the owner, his agent for the purpose of managing, controlling or collecting rents and any other person managing or controlling such building.
(Prior code § 39-2.1)
13-12-040  Violation of chapters enumerated in Section 13-12-010 – Penalty.
   Any violation of, or resistance to or interference with the enforcement of Section 13-12-010 or the Building Code as defined in Section 1-4-090(h), to which no other penalty provision is applicable shall be punished by a fine of not less than $500.00 and not more than $1,000.00, and each day such violation continues shall constitute a separate and distinct offense.
(Prior code § 39-3; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 9)
13-12-050  Construction, alteration, installation, repair or razing without permit – Penalty.
   A.   It shall be unlawful for any person to:
      (i)   construct, alter, install, repair or raze any building, structure, premises or part thereof without having obtained any permit required by this Code; or
      (ii)   construct, alter, install, repair or raze any building, structure, premises or part thereof in a manner which is contrary to the drawings or plans which the appropriate department or city agencies approved when issuing any permit required by this Code; or
      (iii)   maintain or operate any building, structure, premises, mechanical installation, equipment or part thereof without any permit or certificate required by this Code.
   Any person who violates this subsection shall be punished, as follows:
      (1)   incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and/or
      (2)   community service of not less than ten hours, nor more than 100 hours; and
      (3)   a fine in accordance with Section 13-12-040 for the first offense; and a fine of not less than $1,000.00, nor more than $3,000.00 for the second offense; and a fine of not less than $3,000.00, nor more than $5,000.00 for the third and each subsequent offense.
   A separate and distinct offense shall be committed for each permit which is required but has not been obtained, and each day that the violation continues.
   The above penalties shall be in addition to any fees imposed pursuant to Section 13-32-035.
   B.   It shall be unlawful for any person to fail to post any permit as required by Section 13-32-010 of this Code. Any person who violates this subsection shall be fined in accordance with Section 13-12-040 for each day that work proceeds without the permit having been posted.
(Prior code § 39-4; Amend Coun. J. 7-31-90, p. 19353; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 8-30-00, p. 39652, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 9)
13-12-060  Architects, engineers, contractors, etc. – Failure to conform with code provisions – Penalty.
   (a)   Any architect, structural engineer, contractor or builder, individual or corporate, who has designed, constructed, repaired, altered, removed or demolished any building or any part or equipment thereof in violation of or in a manner which fails to conform with the provisions of this Code enumerated in Section 13-12-010 or the Building Code as defined in Section 1-4-090(h) shall each be fined in accordance with Section 13-12-040 for each and every violation of any of the said provisions existing in such design, construction, repair, alteration, removal or demolition.
   (b)   Any architect, structural engineer, expediter company or expediter who has submitted plans, drawings or calculations for the design, construction, repair, rehabilitation, addition, alteration or demolition of any building or any part or equipment thereof in violation of or in a manner which fails to conform with Section 13-12-010 or other provisions of this Code may have their ability to submit new applications or complete pending applications for a building permit or other permit issued by the department of buildings suspended for cause pursuant to section 13-32-045 of this Code.
   (c)   Any contractor or trade person who has constructed, repaired, altered, removed or demolished any building or any part or equipment thereof in violation of or in a manner which fails to conform to Section 13-12-010 or other provisions of this Code may have their ability to submit new applications or complete pending applications for a building permit or other permit issued by the department of buildings suspended for cause pursuant to section 13-8-130 of this Code.
(Prior code § 39-5; Amend Coun. J. 2-22-17, p. 43876, § 19; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 9)
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