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On and after January 1, 2023, it is unlawful for any person to sell, offer for sale, or give away gratis any smoke alarm that is not designed to receive primary power from the building wiring and does not meet the battery requirements of Section 14X-5-504.8.4.
(Added Coun. J. 2-26-21, p. 28049, § 1)
Unless otherwise specifically provided, the owner, his agent for the purpose of managing, controlling or collecting rents, and any other person managing or controlling a building or premises in any part of which there is a violation of the provisions of the Chicago Construction Codes, is liable for any violation existing or occurring, or which may have existed or occurred, at or during any time when such person is or was the person owning or managing, controlling, or acting as agent in regard to the building or premises, and is subject to injunctions, abatement orders, or other remedial orders.
The liabilities and obligations imposed on an owner also attach to a trustee under a land trust holding title to a structure or premises without the rights of possession, management, or control unless the trustee discloses the name and last known address of each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling, or collecting rents, as shown in the records of the trust in accordance with and subject to the penalties provided in the Land Trust Beneficial Disclosure Act, 765 ILCS 405/0.01, et seq.
The liabilities and obligations imposed on an owner also attach to any mortgagee or any other person with or without an interest in the building or premises who knowingly takes any action in any judicial or administrative proceeding that is intended to delay issuance or enforcement of any remedy for any violation of the Chicago Construction Codes then in existence, provided that such person is only liable for fines which accrue on or after the date of such action and no liability may be imposed under this provision for any action taken in any proceeding, including a proceeding to foreclose on a lien, that does not delay or prevent the prosecution of an action brought by the City to enforce the Chicago Construction Codes.
The building official is authorized to serve a written notice of violation or order on the owner or other person responsible for the construction, installation, relocation, rehabilitation, demolition, or occupancy of any building, structure, or system regulated by the Chicago Construction Codes where the building official believes or has reason to believe that there is a violation of the Chicago Construction Codes or of a permit, certificate, or trade license issued under the Chicago Construction Codes. The order must direct the immediate discontinuation of the illegal action or condition and the prompt abatement of the violation. Where the order does not specify the time within which abatement must occur, abatement must occur within 15 days of service of the notice, unless the building official determines that a longer period is necessary and reasonable.
Where the building official is authorized to serve a written notice of violation by Section 14A-3-301.3, the building official is also authorized to publish notice in one or more newspapers or on a public website. This notice may include details of the alleged violation and any information relating to the filing of a case in a court of law or administrative tribunal or any other action taken by the City seeking enforcement of the Chicago Construction Codes.
Where the building official is authorized to serve a written notice of violation by Section 14A-3-301.3, the building official may initiate an enforcement proceeding either by requesting an administrative adjudication before the Department of Administrative Hearings as provided in Chapter 2-14 of the Municipal Code or by referring the matter to the Corporation Counsel for prosecution. The Corporation Counsel may initiate an enforcement proceeding irrespective of whether notice has been previously sent. Any written notice served or sent in connection with an enforcement proceeding initiated by the building official or Corporation Counsel has the same force and effect as a written notice of violation or order issued under Section 14A-3-301.3.
Where necessary to abate a nuisance or hazard or otherwise authorized by law, the Corporation Counsel may initiate and prosecute an enforcement proceeding before a tribunal with in rem jurisdiction over a property in violation of any provision of the Chicago Construction Codes irrespective of whether notice has been provided to the owner or the tribunal has personal jurisdiction over the owner.
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