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(1) In addition to any other penalty provided by law, and except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day that such violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(2) In addition to any other available penalties and remedies provided for in the Code, one or more citations for violation of this chapter on each of three or more separate days within a three month period at the same construction site may result in a stop work order issued by the department that issued the citations, directing that all activity cease for 10 days. Any further citation for violation at the same construction site within six months after the initial stop work order may result in the issuance of another 10 day stop work order. The department that issued the 10 day stop work order under this section shall lift that order only if sufficient evidence of compliance with this chapter is provided to the department. As used in this section, the term "construction site" means any or all portion of the real property that is identified as the location of any excavation or of the erection, enlargement, alteration, repair, removal or demolition of any building, structure or structural part thereof within the city and that requires a permit under Chapter 14A-4 of this Code. However, for purposes of this section, "construction site" does not include a project location where all construction and/or demolition activity, including the staging of construction materials and storing of debris, is conducted within a completely enclosed structure; nor does it include any project location on any property that is, or hereafter becomes, part of Chicago-O’Hare International Airport or Chicago Midway Airport. During the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the words "or Chicago Midway Airport" shall be deleted from this paragraph (1)(b).
(a) 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 10 hours, nor more than 100 hours; and
(iii) a fine of $5,000.00.
(b) It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.
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 10 hours, nor more than 100 hours; and
(iii) a fine of not less than $200.00, nor more than $500.00.
(Prior code § 99-74; Amend Coun. J. 3-9-88; p. 11146; Amend Coun. J. 12-15-04, p. 40435, § 1; Amend Coun. J. 7-28-10, p. 97912, § 14; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 90)
ARTICLE VIII. BED BUGS. (7-28-810 et seq.)
As used in this article, the following terms are defined as follows:
"Bedding" means any mattress, box spring, foundation, or studio couch made in whole or part from new or secondhand fabric, filling material, or other textile product or material and which can be used for sleeping or reclining purposes.
"Commissioner" means the commissioner of public health.
"Dwelling unit", "landlord", "rent" and "tenant" have the meaning ascribed to those terms in Section 5-12-030.
"Multiple rental unit building" means a building which contains two or more rental units. A "multiple rental unit building" does not include a condominium or cooperative building.
"Pest Management Professional" means a person who: (i) is licensed, registered or certified by the State of Illinois to perform pest control services pursuant to the Structural Pest Control Act, 235 ILCS 235: (ii) has attended courses or undergone training for the proper method for the extermination of bed bugs; and (iii) follows National Pest Management Association Best Practices for the extermination of bed bugs.
"Rental unit" means any dwelling unit which is not owner occupied and is held out for rent to tenants, including any single family home held out for rent to tenants.
(Added Coun. J. 6-5-13, p. 55787, § 5)
(a) In any rental unit in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to: (1) provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified; and (2) maintain a written record of the pest control measures performed by the pest management professional on the rental unit. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three years and shall be open to inspection by authorized city personnel, including but not limited to employees of the departments of health and buildings.
(b) In any multiple rental unit building in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to: (1) provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified within the building or portion thereof, including the individual rental units; and (2) maintain a written record of the pest control measures performed by pest management professional on the building. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three years and shall be open to inspection by authorized city personnel, including but not limited to employees of the departments of health and buildings.
(c) A landlord shall provide the pest control services within 10 days after: (1) a bed bug is found or reasonably suspected anywhere on the premises; or (2) being notified in writing by a tenant of a known or reasonably suspected bed bug infestation on the premises or in the tenant's rental unit.
(d) The extermination of bed bugs shall be by:
(1) inspection, and if necessary, the treatment of the dwelling unit on either side of the affected dwelling unit and the unit directly above and below the affected dwelling unit. This pattern of inspection and treatment shall be continued until no further infestation is detected; or
(2) any other method approved by the commissioner in rules and regulations.
(e) A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:
(1) complained of a bed bug infestation within the tenant's rental unit or the premises in which the tenant's rental unit is located to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code;
(2) complained of a bed bug infestation within the tenant's rental unit or the premises in which the tenant's rental unit is located to a community organization or the news media;
(3) sought the assistance of a community organization or the news media to remedy a bed bug infestation within the tenant's rental unit or the premises in which the tenant's rental unit is located;
(4) requested the landlord to provide pest control measures for a bed bug infestation as required by a building code, health ordinance, other regulation, or the residential rental agreement; or
(5) testified in any court or administrative proceeding concerning any bed bug infestation within the tenant's rental unit or the premises in which the tenant's rental unit is located.
If the landlord acts in violation of this subsection (e), the tenant has a defense in any retaliatory action against him for possession and is entitled to recover possession of the rental unit or terminate the rental agreement and, in either case, may recover an amount equal to two months rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent. In an action by or against the tenant, if there is evidence of tenant conduct protected herein within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord's conduct was retaliatory. The presumption shall not arise if the protected tenant activity was initiated after the alleged act of retaliation.
(Added Coun. J. 6-5-13, p. 55787, § 5)
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