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)

13-12-070 Failure of property conformance with code – Request for injunction.

   If the appropriate official charged with the administration of any of the provisions of the code enumerated in Section 13-12-010 shall determine, upon due investigation, that any building or structure in the city fails to conform to the minimum standards of health and safety as set forth in the said provisions of this Code, and the owner or owners of such building or structure shall fail, after due notice, to cause such property to conform with said provisions of this Code, said official may, in addition to any other remedies, penalties or means of enforcement request the department of law to make application on behalf of the city to any court of competent jurisdiction for an injunction requiring compliance with said provisions of this Code or for such other order as the court may deem necessary or appropriate to secure such compliance. The department of law may then institute such proceedings on behalf of the city, as provided by law.

(Prior code § 39-6)

13-12-080 Failure to acquire permits for construction, alteration, installation, repair or razing – Stop work order.

   (A)   Any city official charged with responsibility for administering this Code shall without delay issue a stop work order directing that the following prohibited activities cease and desist immediately:

      (i)   Any construction, alteration, installation, repair or razing of any building, structure, premises, or part thereof which is being done or has been done without any permit required by this Code; or

      (ii)   Any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof which is being done or has been done contrary to the drawings or plans which the appropriate department or agencies of the city approved when issuing any permit; or

      (iii)   Any maintenance or operation of any building, structure, premises, mechanical installation, equipment or part thereof which is being done without any permit or certificate required by this Code; or

      (iv)   Any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof which is being done or has been done by workers lacking a license required under this Code for such work or which is being done or has been done by workers required by the Code to be listed on the building permit application who were not listed.

   No stop work order may be issued to prohibit any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof that is performed pursuant to a valid permit issued by the building commissioner for any reason not specified in this section, unless such order is necessary to prevent an imminent threat to the safety of the public.

   Any city official who has reason to believe that (1) any construction, alteration, installation, repair or razing of a building, structure, premises or part thereof is being done or has been done in violation of a stop work order, or that (2) any building, structure, premises, mechanical installation, equipment or part thereof is being maintained or operated in violation of a stop work order shall immediately request the corporation counsel to seek without delay any remedy provided by the law.

   (B)   It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.

   Any person who violates this subsection upon conviction shall be punished, as follows:

      (i)   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

      (ii)   community service of not less than ten hours, nor more than 100 hours; and

      (iii)   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 $6,000.00 for the second offense; and a fine of not less than $6,000.00, nor more than $10,000.00 for the third and each subsequent offense.

   A separate and distinct offense shall be committed for each stop work order which is violated, and each day that a violation continues.

   (C)   It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order which a city official has posted or affixed at a work site.

   Any person who violates this subsection shall be punished, as follows:

      (i)   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

      (ii)   community service of not less than ten hours, nor more than 100 hours; and

      (iii)   a fine in accordance with Section 13-12-040.

(Prior code § 39-7; Amend Coun. J. 8-30-00, p. 39652, § 2; Amend Coun. J. 9-5-01, p. 66630, § 5; Amend Coun. J. 12-4-02, p. 99026, § 2.7; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 9)