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

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

13-12-126 Vacant buildings – Mortgagee required to act – Enforcement authority.

   (a)   (1)   The mortgagee of any building which is vacant and not registered pursuant to this section or Section 13-12-125(a) of this Code shall, within the later of 30 days after the building becomes vacant and unregistered or 10 days after a default, file a registration statement with the department of buildings on forms provided by that department for such purposes and pay a registration fee of $700. The registration shall remain valid for six months from the date of registration. The mortgagee shall be required to renew the registration every six months, at a renewal fee of $300, as long as the building remains vacant and unregistered by an owner pursuant to Section 13-12-125. Governmental entities shall be exempt from the payment of the registration and renewal fees. The mortgagee 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 under this section by the city against the mortgagee with respect to the registered building.*

* 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)(1) 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.

      (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, or business entity registered with the Illinois Secretary of State designated by the mortgagee as an authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such mortgagee in connection with enforcement of this section. This person or business entity must maintain an office in Cook County, Illinois, or must actually reside in Cook County, Illinois. A mortgagee meeting these criteria may designate itself as agent. By designating an authorized agent under the provisions of this subsection a mortgagee consents to receive any and all notices of violations of this section concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce this section with respect to the registered building by service of the notice or process on the authorized agent. Any mortgagee 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 mortgagee notifies the department of buildings of a change of authorized agent or until the mortgagee files a new registration statement. The city shall notify the designated agent of all violations and enforcement proceedings brought under this section.

   (b)   The mortgagee of any building that has become vacant and which is not registered pursuant to Section 13-12-125(a) of this Code shall, within 30 days after the building becomes vacant and unregistered:

      (1)   secure the building's doors and windows so that all such building openings are closed and secured, using secure doors, windows without broken or cracked panes, commercial-quality metal security panels, filled with like-kind material as the surrounding wall, polycarbonate boarding, or boarded with plywood installed and secured in accordance with rules and regulations issued by the commissioner of buildings. At least one building entrance shall be accessible from the exterior and secured with a door that is locked to allow access only to authorized persons. If two or more exit doors exist, a minimum of two exit doors shall be available to exit from the interior of the building, with at least one exit door available per 150 linear feet of horizontal travel at ground-floor level;

      (2)   maintain all grass and weeds on the real estate premises, below 10 inches in height and cut and remove all dead or broken trees, tree limbs or shrubbery;

      (3)   clear or remove snow from the walkway leading to the main entry door, and any public sidewalk adjoining the lot;

      (4)   abate the accumulation of debris, trash and litter that does not constitute personal property on any portion of the exterior lot of the building;

      (5)   reasonably maintain fences and gates;

      (6)   reasonably maintain the structural integrity of stairs and steps that lead to the main entrance of the building;

      (7)   winterize the building, which shall mean cleaning all toilets and completely draining all plumbing and heating systems;

      (8)   maintain and secure the exterior of the building;

      (9)   post signs affixed to the building indicating: the vacant building registration number and the name, address and telephone number of the mortgagee and the mortgagee's authorized agent for the purpose of service of process. The name, address and telephone number of a person responsible for day-to-day supervision and management of the building, if such person is different from the mortgagee or authorized agent shall be indicated on the signs as well. The signs shall be no smaller than 8.5 inches by 11 inches and placed in such a location so as to be visible and legible from the nearest public street or sidewalk, whichever is nearer, and from the alley;

      (10)   maintain the building in a secure and closed condition and maintain the sign until the building is reoccupied or demolished with all permits required by this Code. If during the registration period and following the initial boarding and securing of the property in compliance with this section the department of buildings notifies the mortgagee in writing that the property was found open or it has been judicially or administratively found to be open, in each case on two separate occasions at least 30 days apart then the building shall thereafter be secured only with commercial-quality metal security panels or a method deemed equivalent by the commissioner of buildings; and

      (11)   keep the exterior of the property free of vermin and rodents.

   (c)   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. The following shall be affirmative defenses under Section 13-12-126 and Section 13-12-127:

      (1)   that at the time of the violation the building was occupied by any number of persons lawfully or unlawfully;

      (2)   that the owner or another mortgagee has registered the building pursuant to Section 13-12-125 or Section 13-12-126 as applicable and such registration is current;

      (3)   that the mortgagee is barred from doing any action required by this section by an automatic stay pursuant to a bankruptcy proceeding, provided that the mortgagee tenders evidence including the bankruptcy case number;

      (4)   that the mortgagee has cured all violations within 30 days of receiving written notice of such violations. Notice sent by U.S. mail shall be deemed received seven days after mailing. An affidavit shall be conclusive proof of mailing;

      (5)   that at the time of the violation, the mortgage was not in default;

      (6)   that at the time of the violation, the mortgagee was not the senior lienholder of record on the real estate;

      (7)   that a receiver has been appointed for the property by a court of competent jurisdiction;

      (8)   that in a foreclosure of the property, the owner or mortgagor is taking any of the following acts:

         (A)   filing any pleading which asserts claims against the mortgagee or defenses;

         (B)   filing any motion which asserts defenses or claims against the mortgagee;

         (C)   filing any discovery for response by the mortgagee; or

         (D)   filing a request for mediation.

   (d)   The commissioner of buildings may issue rules for the administration of this section, and is further authorized to administer the notification, registration and other recordkeeping requirements of this section, Section 13-12-125 and Section 13-12-128 either directly or through one or more third-party agents. Subject to the availability of duly appropriated funds, the commissioner is authorized to: (i) contract with third parties to administer these notification, registration and other recordkeeping requirements and any ancillary aspects, and (ii) execute ancillary documents and provide ancillary information, assurances or certifications as needed to carry out this subsection (d). If authorized by the commissioner, notification and other filing/registration requirements in this section, Section 13-12-125 and in Section 13-12-128 shall be deemed satisfied by such notifications being provided to or by, or filings and registrations submitted to, the commissioner's agent.

   (e)   For purposes of this section, the following terms shall be defined as set forth below:

      (1)   “Default” shall mean, with respect to a building containing four or fewer dwelling units, when the mortgagor is 60 days past due on the mortgagor's obligation to make a scheduled payment under a mortgage or a mortgage note. With respect to all other buildings, “default” shall mean when the mortgagor is 90 days past due on the mortgagor's obligation to make a scheduled payment under a mortgage or a mortgage note.

      (2)   “Mortgage” shall mean any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation. The term includes, without limitation: (A) mortgages securing reverse mortgage loans; (B) mortgages securing revolving credit loans; (C) every deed conveying real estate, although an absolute conveyance in its terms, which shall have been intended only as a security in the nature of a mortgage; and (D) equitable mortgages.

      (3)   “Mortgagee” shall mean (A) the holder of an indebtedness or obligee of a non-monetary obligation secured by a mortgage or any person designated or authorized to act on behalf of such holder, (B) any person claiming through a mortgagee as successor, and (C) any person identified as such in a recorded document which has not been released, assigned, or superseded of record.

      (4)   “Mortgagor” shall mean (A) the person whose interest in the real estate is the subject of the mortgage and (B) any person claiming through a mortgagor as successor. Where a mortgage is executed by a trustee of a land trust, the mortgagor is the trustee and not the beneficiary or beneficiaries.

      (5)   “Vacant” shall mean any real estate improved with a complete structure or an incomplete structure where the structure is empty or otherwise uninhabited by persons and the structure or lot is in need of maintenance, repair or securing, and with respect to which one or more of the following conditions exist:

         (1)   all lawful business or construction operations have ceased for 6 months;

         (2)   it has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by either the building commissioner, president of the board of health, the fire commissioner or the superintendent of police pursuant to Section 13-12-120 or by an order issued by court of competent jurisdiction;

         (3)   no construction or legal repairs have commenced for 6 months;

         (4)   the doors or windows are smashed through, broken, unhinged, removed or continuously unlocked;

         (5)   law enforcement officials have received at least one report of trespassers or vandalism or other illegal acts being committed at the property in the last 6 months; and

         (6)   gas, electrical or water services to the entire premises have been terminated.

A property shall not be considered vacant if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations and legislation; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; or (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is otherwise a building that is secure and in substantial compliance with all applicable ordinances.

   (f)   If a building is registered under paragraph (a) of this section, only the registered mortgagee shall be liable under this section during the registration period. Nothing in this section shall bar the concurrent enforcement of any provision of this Code against the owner or owners of a property.

   (g)   To the extent permitted by law, a mortgagee's acts or omissions required by this section shall not subject the mortgagee to civil or criminal liability unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct. This provision shall not waive the requirement to obtain permits or licenses for performing certain work required under this section, as otherwise required by this Code, or the penalties provided for failure to do so.

(Added Coun. J. 11-2-11, p. 11801, § 2; Amend Coun. J. 5-18-16, p. 25021, § 1; Amend Coun. J. 7-20-16, p. 28070, § 2; Amend Coun. J. 2-22-17, p. 43876, § 19; Amend Coun. J. 9-6-17, p. 54189, § 5; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 13)

13-12-127 Mortgagee to inspect real estate.

   (a)   For purposes of this section the terms “default”, “mortgage”, “mortgagee”, “mortgagor”, and “vacant” shall be defined as provided in Section 13-12-126(e).

   (b)   Beginning 45 days after a default, a mortgagee shall determine, on a monthly basis, if the building on the real estate subject to its mortgage is vacant. Such determination may be made by communication with the mortgagor, a visual inspection of the real estate, or other means reasonably calculated to determine if the building is vacant.

   (c)   This section shall not require a mortgagee to perform any action which it is barred from doing by an automatic stay pursuant to a bankruptcy proceeding.

   (d)   To the extent permitted by law, a mortgagee's acts or omissions required by this section shall not subject the mortgagee to civil or criminal liability unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct.

(Added Coun. J. 11-2-11, p. 11801, § 2)