Loading...
The determination by the commission pursuant to Section 2-120-870 approving or disapproving an application for an economic hardship exception shall, on the date it issues, be a final administrative decision appealable to the Circuit Court of Cook County under the provisions of the Illinois Administrative Review Law, as amended.
(Prior code § 21-89; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 3-31-04, p. 20916, § 4.9)
Upon a determination by the commission pursuant to Section 2-120-850 finding an economic hardship, the commission shall forward its decision, report and proposal to the finance committee of the city council.
(Prior code § 21-90; Added Coun. J. 3-11-87, p. 40272)
The finance committee of the city council shall give prompt consideration to the decision, report, and recommended plan to relieve economic hardship filed by the commission hereinabove provided, and shall recommend to the city council within 60 days after the receipt of said report whether or not said owner relief plan, as modified or not by the finance committee, shall be approved or disapproved.
(Prior code § 21-91; Added Coun. J. 3-11-87, p. 40272)
The city council, within 30 days following said finance committee recommendation, shall approve or disapprove by ordinance a plan to relieve economic hardship to the owner. If the city council does not approve a plan to relieve economic hardship within the time specified, the plan to relieve economic hardship shall be deemed to be denied and the permit shall issue. If the city council approves a plan to relieve economic hardship that requires that any action be taken by city departments or agencies, the action shall be initiated within 30 days following passage of the ordinance.
(Prior code § 21-92; Added Coun. J. 3-11-87, p. 40272)
In any hearing conducted by the commission pursuant to Sections 2-120-680, 2-120-800 or 2-120-840 hereof; the commission may designate any commission member or members or any other person as hearing officer to hold such hearing and take evidence. No member of the commission absent from the entire hearing shall be eligible to vote on any matter which is the subject of the hearing until such member is provided with transcripts or tapes of the testimony heard and evidence presented at such hearing. The commission, in making its determination, shall take into account any written opinion of the appointed hearing officer, if any, on the evidence presented.
(Prior code § 21-93; Added Coun. J. 3-11-87, p. 40272)
(a) Definitions. For purposes of this section:
"Contributing Acts" means an Owner’s acts or omissions that significantly contribute to damage to a Structure, or any part thereof, to a degree that results in its demolition, or results in a written determination by the Department of Buildings or a tribunal of competent jurisdiction that demolition of the Structure, or any part thereof, is necessary. Indicia of Contributing Acts may include, but are not limited to:
(1) An exterior element which is attached in such a manner that it might fall and injure persons or property;
(2) A structural element, such as a foundation, floor, wall, column, beam, truss, or rafter, which is:
(A) Defective or deteriorated;
(B) Insufficient to safely carry imposed loads; or
(C) Split, sagging, leaning, listing, or buckling due to defective materials or deterioration.
(3) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
(4) Defective or insufficient weather protection for exterior wall covering, including lack of paint or other protective covering.
(5) Any system or feature, intended to protect the building and its occupants from fire and similar hazards, which is either required and absent, or present and inoperable.
(6) Work carried out in the absence of, contrary to, or outside the scope of any required permits.
"Owner" shall have the definition set forth in Chapter 14A-2 of the Code.
"Structure" means a building, structure, work of art, or other object that either is designated as a Chicago Landmark or is located within a district designated as a Chicago Landmark. "Structure" includes buildings, structures, works of art, or other objects that have been preliminarily designated as a Chicago Landmark or are located within a district preliminarily designated as a Chicago Landmark under Section 2-120-630 of the Code.
"Zoning lot" shall have the definition set forth in Section 17-17-02197 of the Code.
(b) Penalties. Failure to perform any act required by this Article or performance of any action which is prohibited by this Article shall constitute a violation thereof. Every day on which a violation exists shall constitute a separate violation and a separate offense. Any person violating any of the provisions of this Article shall be subject to a fine of not less than $2,000.00 nor more than $4,000.00 for each offense in addition to any other fine, penalty, or remedy provided in this Code. The Commissioner of Planning and Development or his designee may issue a notice of violation for any violation of this Article, and such notice may be prosecuted in either the Department of Administrative Hearings as provided in Chapter 2-14 or in the Circuit Court of Cook County.
(c) Deterioration. It shall be a violation of this Article for the Owner of a Structure to allow said Structure to fall into a state of disrepair such that the Structure has become, or is in imminent danger of becoming, structurally compromised based on a written determination by the Department of Buildings.
(d) Contributing Acts; Moratorium on New Construction. It shall be a violation of this Article for the Owner of a Structure to demolish a Structure or any part thereof without first obtaining the approvals required in this Article, or to engage in Contributing Acts. While the prosecution of a notice of violation pursuant to this subsection (d) is pending, the Department of Buildings shall not issue a permit for new construction on the zoning lot.
If the notice of violation is prosecuted in the Department of Administrative Hearings, the relief sought shall be a determination that the Structure was subjected to Contributing Acts. If a hearing officer makes such a determination, the Department of Administrative Hearings will provide that determination to the Buildings Commissioner, who shall not issue a permit for new construction on the applicable zoning lot for a period of two years, commencing on the date of the determination.
If the notice of violation is prosecuted in the Circuit Court of Cook County, the City may seek a judicial determination that the Structure was subjected to Contributing Acts, and an associated order imposing a moratorium on the issuance of a permit for new construction on the applicable zoning lot for a period of up to ten years.
(e) Remedies. In addition to any other penalty or remedy provided for in this section, in the event any building or structure is erected, constructed, reconstructed, altered, added to, demolished, or allowed to fall into a state of disrepair in violation of this Article, the City of Chicago may institute appropriate proceedings to prevent or remedy such unlawful erection, construction, reconstruction, alteration, addition, demolition, or state of disrepair.
(Prior code § 21-94; Added Coun. J. 3-11-87, p. 40272; Amend Coun. J. 4-18-18, p. 76893, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 13; Amend Coun. J. 12-16-20, p. 25560, § 1)
If any provision of this ordinance or application thereof to any person or circumstance is invalid, such invalidation shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
(Prior code § 21-95; Added Coun. J. 3-11-87, p. 40272)