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It shall be unlawful within the City of Chicago for any person, firm or corporation to cause or to permit the spraying of any substance containing asbestos, as defined in this article, in or upon any building, structure, column, frame, floor, ceiling or other portion, part or member thereof during its construction, reconstruction, alteration or repair; provided, however, that such enclosed factories, buildings or structures in which the fabrication or manufacture of products containing asbestos is carried on shall not be subject to this provision.
(Added Coun. J. 10-7-09, p. 73413, § 1)
(a) Civil penalties. Violation of any of the provisions of this article is hereby declared to be a public nuisance. Any person found to have violated any of the provisions of this article shall be assessed a civil penalty in accordance with the following schedule.
Schedule:
Violation Type | Residential Structures with Four or Fewer Units | Residential Structures with More than Four Units | All Other (Non Residential) Facilities, Structures or Architectural Surfaces |
Violation Type | Residential Structures with Four or Fewer Units | Residential Structures with More than Four Units | All Other (Non Residential) Facilities, Structures or Architectural Surfaces |
Failure to file a notice of intent and obtain required Department approval pursuant to Section 11-4-2170(a), failure to have a properly licensed asbestos abatement contractor on site during the demolition pursuant to Section 11-4-2170(a), or failure to obtain approved permit pursuant to Section 11-4-2190(a) | Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Subsection 11-4-2170(b) | Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 for small structures; and for large structures, not less than $5,000.00 and not more than $10,000.00 for a first offense; $10,000.00 to $15,000.00 for a second offense occurring within two years; and $15,000.00 to $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is the result of willful and wanton conduct, then the fine may be increased to up to $50,000.00 for any offense |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Subsection 11-4-2190(f) or (g) | Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 for small structures; and for large structures, not less than $5,000.00 and not more than $10,000.00 for a first offense; $10,000.00 to $15,000.00 for a second offense within two years; and $15,000.00 to $20,000.00 for any subsequent offense within two years of two previous offenses |
Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Subsection 11-4-2180(a) | Not less than $500.00 and not more than $1,000.00 | Not less than $2,000.00 and not more than $5,000.00 | Not less than $2,000.00 and not more than $5,000.00 |
Failure to comply with Subsection 11-4-2180(b) | Not less than $2,000.00 and not more than $5,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 |
Not less than $250.00 and not more than $500.00 | Not less than $500.00 and not more than $1,000.00 | Not less than $500.00 and not more than $1,000.00 | |
Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | |
Failure to comply with Section 11-4-2195 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 | Not less than $5,000.00 and not more than $10,000.00 |
Each day on which such a violation shall continue shall constitute a separate and distinct violation.
(b) Owners and contractors; joint and several responsibility. The owner(s) of any building, facility, structure, statue, or other architectural surface shall be jointly and severally liable with any contractor or other person retained or otherwise authorized by such owner(s) to perform any demolition, renovation, sandblasting, grinding, or chemical washing activity for any violation of this article caused by the action or inaction of any contractor or other person retained or otherwise authorized by the owner(s).
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-9-15, p. 15681, § 1; Amend Coun. J. 3-13-19, p. 96335, § 2; Amend Coun. J. 1-27-21, p. 26652, § 3; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 13)
(a) Cease and desist orders. The commissioner shall have the authority to issue an emergency or a non- emergency cessation order in accordance with Section 11-4-025 of this Code to stop any person from proceeding with any activity regulated under this article when the commissioner has reason to believe that such activity either is proceeding in violation of any provision under this article or is otherwise in contravention of the public interest.
(b) Emergency abatement. In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(c) Non-emergency abatement. In the event that the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's notice to abate, the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(e) Termination of city contracts and licenses. In addition to any other penalty or remedy imposed under this chapter, if any person or business performing work under any contract with the city is found liable for violating any provision under this article, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. Any business license issued by the city to any person who violates this section two or more times within any ten- year period shall be subject to revocation if the violation occurred in the course of the business for which the license was issued.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3)
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3)
ARTICLE XIX. RESERVED (11-4-2230 et seq.)
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