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)

13-12-090 Remedies cumulative.

   The provisions of this Code for any penalty, legal remedy, or method of enforcement shall not have the effect of limiting or impairing the scope, operation or effectiveness of each or any other penalty, legal remedy, or method of enforcement available under law for the prevention, restriction, correction or abatement of, penalty for, or recovery of costs related to violations of the provisions of this Code enumerated in section 13-12-010.

(Prior code § 39-8; Amend Coun. J. 7-21-04, p. 28443, § 4)

13-12-100 Official right of entry – Interference unlawful.

   The appropriate officials charged with the administration of any of the provisions of this Code enumerated in Section 13-12-010, or any of them and their respective assistants, shall have the right to enter any building, or premises, and any and all parts thereof, at any reasonable time, and at any time when occupied by the public in order to examine such buildings or premises to judge of the condition of the same and to discharge their respective duties, and it shall be unlawful for any person to interfere with them in the performance of their duties.

(Prior code § 39-9)

13-12-110 Violation or noncompliance by a business – License revocation.

   Upon a report to the mayor by the building commissioner, president of the board of health, the fire commissioner or the superintendent of police, or any other appropriate official that any business for which a license is required by any provision of this Code is being conducted on premises wherein any requirement of the provisions of this Code enumerated in Section 13-12-010, or any proper order given by any such official in regard thereto, has been violated, or not complied with, the mayor may revoke the license of any such business and cause such business to be closed.

(Prior code § 39-10; Amend Coun. J. 9-13-89, p. 4604)

13-12-120 Code violations – Closure of buildings or premises.

   (a)   The building commissioner, the president of the board of health, the fire commissioner, and the superintendent of police, or any one of them, and their respective designees, shall have the power, and it shall be their joint and several duty, to order any building or premises closed, or any structure or equipment thereof removed or its operation stopped, where it is discovered that there is any violation of any of the provisions of this Code enumerated in Section 13-12-010 which imperils life, safety or health, and to keep same closed, removed, or shut down until such provisions are complied with.

   The official who orders a building or portion thereof closed, removed or shut down shall cause a notice no less than 17 inches by 22 inches at each entrance thereto. The notice shall state 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. Any person who enters a building, structure or portion thereof in violation of a notice posted under this section 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 a person is permitted to enter illegally.

   (b)   It is unlawful for any person to remove, cover or obliterate, any notice or notices lawfully posted pursuant to subsection (a) of this section, without the written permission of the head of the department or agency responsible for posting the notice. Any person who removes, covers, obliterates, or defaces any sign posted pursuant to subsection (a) of this section without the necessary written permission shall be fined in accordance with Section 13-12-040.

(Prior code § 39-11; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 10-1-03, p. 8498, § 2; Amend Coun. J. 9-8-11, p. 7537, § 1; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 9)

13-12-125 Vacant buildings – Owner required to act – Enforcement authority.

   (a)   (1)   The owner of any building that has become vacant shall within 30 days after the building becomes vacant or within 30 days after assuming ownership of the building, whichever is later, file a registration statement for each such building with the department of buildings on forms provided by that department for such purposes. The registration shall remain valid for six months from the date of registration. The owner shall be required to renew the registration for successive six-month periods as long as the building remains vacant and shall pay a registration or renewal fee in the amount prescribed in paragraph (3) of this subsection (a) for each registered building; provided, however, that all governmental agencies shall be exempt from the payment of the registration and renewal fees. The owner shall notify the department of buildings, within 20 days, of any change in the registration information by filing an amended registration statement on a form provided by the department of buildings for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the city against the owner or owners of the building. Registration of a building in accordance with this section shall be deemed to satisfy the notification requirement set forth in Section 13-11-030. After filing a registration statement the building owner shall provide access to the city to conduct an exterior and interior inspection of the building to determine compliance with the municipal code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal.

      (2)   In addition to other information required by the commissioner of buildings, the registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this Code. This person must maintain an office in Cook County, Illinois, or must actually reside within Cook County, Illinois. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this subsection the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent's designation for the purposes of this subsection until the owner notifies the department of buildings of a change of authorized agent or until the owner files a new annual registration statement. Any owner who fails to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.

      (3)   The registration and renewal fee for each registered building shall be $300. The registration fee or renewal fee shall be doubled if the applicable registration or renewal takes place not through voluntary and timely compliance, but as the result of a City identification of a violation of this section.*

* Editor's note – Pursuant to Coun. J. 9-6-17, p. 54189, § 7 and Coun. J. 3-28-18, p. 74459, Art. V, § 13, the amendments to this subsection (a)(3) shall take effect on a date determined by the Commissioner of Buildings, but in the absence of such determination, shall become effective no later than January 1, 2019.

   (b)   The owner of any building that has become vacant, and any person maintaining, operating or collecting rent for any building that has become vacant, shall do the following:

      (1)   immediately enclose and secure the building as provided in Section 13-12-135 of this Code; and

      (2)   within 30 days after the building becomes vacant or within 30 days after assuming ownership of the building, whichever is later, post a sign affixed to the building indicating (i) the building's vacant building registration number; and (ii) the name, address and telephone number of the building owner and the owner's authorized agent for the purpose of service of process; and (iii) if the person responsible for day-to-day supervision and management of the building is different from the owner holding title to the building or from the owner's authorized agent, the name, address and telephone number of such person. The sign shall be of a size, and shall be placed in such a location, so as to be legible from the nearest public street or sidewalk, whichever is nearer; and

      (3)   maintain the building in a secure and closed condition, and maintain the sign required under subsection (b)(2), until the building is again occupied or demolished or until repair or completion of the building has been undertaken in accordance with the building code.

   (c)   The owner of any building that has become vacant shall, within 30 days, acquire or otherwise maintain liability insurance, in an amount of not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage for buildings designed primarily for use as residential units and commercial general liability in an amount not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired after the building has become vacant shall provide for written notice to the commissioner of buildings within 30 days of any lapse, cancellation or change in coverage. The owner shall maintain the insurance required under this subsection in full force and effect throughout the period that the building is vacant. Such insurance shall be issued by an insurer authorized to insure in Illinois. The owner and the owner's authorized agent for service of process shall provide evidence of the insurance, upon request, to the commissioner of buildings or his or her designee.

   (d)   The building commissioner may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.

   (e)   For purposes of this section, “vacant” means a building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floor to the occupied space, the condition and value of any items in the building and the presence of rental or for sale signs on the property; provided that a residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property; and further provided that multi-family residential property containing ten or more dwelling units shall be considered vacant when ninety percent or more of the dwelling units are unoccupied.

   (f)   A rebuttable presumption shall exist that a building has been vacant for more than 30 days if:

      (1)   the building is vacant and has not been secured in accordance with the building security standards set forth in subsection (d) of Section 13-12-135; or

      (2)   the building is vacant and more than one window, door or other opening, in any combination, is boarded up and (i) the yard contains grass or weeds more than 10 inches in height, or (ii) the yard contains an accumulation of junk and debris, or (iii) snow and ice have not been removed from the walk leading to the building's main entrance and/or from the public sidewalk adjoining such building in the manner and within the period of time provided in Section 10-8-180 .

(Added Coun. J. 10-2-91, p. 6032; Amend Coun. J. 4-12-00, p. 29471, § 1; Amend Coun. J. 12-4-02, p.99931, § 9.1; Amend Coun. J. 7-30-08, p. 36080, § 1; Amend Coun. J. 7-28-11, p. 5537, § 2; Amend Coun. J. 11-2-11, p. 11801, § 1; Amend Coun, J, 11-16-11, p. 13798, Art. VIII, § 3; Amend Coun. J. 11-16-11, p. 14596, Art. IV, § 1; Amend Coun. J. 10-16-13, p. 62699, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 42; Amend Coun. J. 9-6-17, p. 54189, § 4; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 13)

 

Notes

10-8-180

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