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It shall be unlawful for any physical change, whether temporary or permanent, public or private, to be undertaken, including, but not limited to, landfill, excavation, impoundment, mining, drilling, roadway building or construction of any kind, within the Lake Michigan and Chicago Lakefront Protection District, as set forth in Sections 16-4-060 and 16-4-070, or for any acquisition or disposition of real property by a public agency, whether by sale or lease, or other means, to be consummated within the Lake Michigan and Chicago Lakefront Protection District, as set forth in Sections 16-4-060 and 16-4-070, without first having secured the approval therefor from the Chicago plan commission as provided in Sections 16-4-100 through 16-4-140 of this chapter; provided, however, that the following shall be exempt from the prohibition aforestated: accessory buildings; repairs and rehabilitation which do not exceed 50 percent of the total cost of replacement of the existing structure; additions which do not increase the site coverage or the height of the structure; and residential structures containing not more than three dwelling units; the sale, lease or transfer of real property, or any interests therein, from one Public Agency to another Public Agency; and the lease of a below-grade parking garage system owned by a Public Agency to a private party, any such private party's assignment of their leasehold interest to one or more- lenders providing financing to such private party for the acquisition of such leasehold interest, [and] any renovation or improvement of such below-grade parking garage system, and any change of or modification to the roadway or pedestrian access for such parking garage system.
(Prior code § 194B-5.1; Amend Coun. J. 10-4-06, p. 88405, § 2)
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than $50.00 nor more than $300.00 for the first offense and not less than $200.00 nor more than $500.00 for the second and each subsequent offense in any 180-day period; provided, however, that all actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Civil Practice Act (Illinois Revised Statutes 1971, Chapter 110, paragraphs 1, et seq.). Repeated offenses in excess of three within any 180-day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code (Illinois Revised Statutes 1971, Chapter 24, paragraph 1-2-1.1) and under the provisions of the Illinois Code of Criminal Procedure (Illinois Revised Statutes 1971, Chapter 38, paragraphs 100.1, et seq.), in a separate proceeding. A separate and distinct offense shall be regarded as committed each day upon which each person shall continue any such violation or permit any such violation to exist after notification thereof.
(Prior code § 194B-7.1)
Notwithstanding the provisions of Section 16-4-160, in the event any structure or building, landfill, excavation, impoundment, mining or drilling has been undertaken in violation of this chapter, the City of Chicago may institute appropriate legal or equitable proceedings to prevent the completion or maintenance of said unlawful undertaking.
(Prior code § 194B-7.2)
If any provision, clause, sentence, paragraph, section or part of this chapter, or application thereof to any person, firm, corporation, public agency or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, firms, corporations, public agencies or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation, public agency or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included.
(Prior code § 194B-8)