16-6-100 Duties of the commissioner of buildings.

   (a)    The commissioner of buildings shall have the following duties and responsibilities: Inspect and monitor all development projects within the S.F.H.A. for which the department has issued a development permit, to assure compliance with the provisions of this chapter;

   (b)   Review all development applications submitted by the zoning administrator and notify other issuing departments as to those applications which fall within the S.F.H.A.;

   (c)   Compare the elevation of the site to the base flood elevation for all developments located within the S.F.H.A.;

   (d)   Maintain records of proposed developments within the S.F.H.A.;

   (e)   Receive from the issuing departments copies of all development permit applications, permits, and as- built certifications reviewed by the departments of developments that fall within the S.F.H.A., maintain a file of all such copies received, and submit reports of such permits to F.E.M.A.;

   (f)   Coordinate with state and federal agencies to improve base flood and floodway data, and to improve the administration of this chapter;

   (g)   Notify all issuing departments of proposed development projects within the S.F.H.A., and coordinate review by the departments of such projects;

   (h)   Notify all issuing departments of receipt of any revised F.E.M.A. maps or other relevant data, maintain them on file and distribute copies to the issuing departments;

   (i)   Maintain for public inspection base flood data, S.F.H.A. maps, copies of federal and state permit documents and "as built" elevation and floodproofing data for all buildings constructed subject to this chapter;

   (j)   Upon notification by the issuing department considering a variance request, respond in writing to the variance in terms of the requirements of this chapter; and

   (k)   Notify affected adjacent communities of watercourse alterations and relocations.

(Added Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

16-6-105 Reserved.

Editor's note – Coun. J. 6-6-12, p. 28356, § 46, repealed § 16-6-105, which pertained to the duties of the commissioner of the environment.

16-6-110 Work performed by city.

   Development projects located within the S.F.H.A. and performed by the city shall not commence unless the commissioner of buildings has received notice and a description of the proposed project containing the information described in Section 16-6-040 and has determined that the development complies with all terms of this chapter.

(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

16-6-120 General considerations.

   The City of Chicago shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.

(Added Coun. J. 6-28-91, p. 2766)

16-6-130 Variances.

   (a)   Whenever the standards of this chapter place undue hardship on a specific development proposal, any person may apply for a variance from the requirements of this chapter. Application for a variance from any requirement of this chapter shall be made to the commissioner of the issuing department with jurisdiction for that requirement. The commissioner of the issuing department shall notify the applicant in writing that a variance from the requirements of this chapter will have the following consequences:

      (i)   Result in increased premium rates for flood insurance up to amounts that may be as high as $25.00 for $100.00 of insurance coverage;

      (ii)   Increase the risks to life and property; and

      (iii)   Require that the applicant acknowledge in writing that the applicant has knowledge of these risks and that the applicant assumes all of the risk and liability entailed in proceeding subject to the variance.

   (b)   No variance shall be granted unless the applicant demonstrates that:

      (i)   The development activity cannot be located outside the S.F.H.A.;

      (ii)   An exceptional hardship would result if the variance were not granted;

      (iii)   The relief requested is the minimum necessary;

      (iv)   There will be no additional threat to public health or safety, nor the creation of a nuisance if the variance is granted;

      (v)   There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.

   (c)   The commissioner of an issuing department shall submit the request to the commissioner of planning for review and comment, and shall consider the written comments received from the commissioner of planning in granting or denying the variance.

   (d)   Variances to the building protection requirements of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsection (b) of this section.

(Added Coun. J. 6-28-91, p. 2766)

16-6-140 Review of elevations.

   Upon receipt of proper documentation indicating that land is higher than the base flood elevation as of the date of the site's first F.I.R.M. identification, the Commissioner of Buildings may determine that the site is not subject to the requirements of this chapter unless the site is within a mapped floodway or Zone VE.

(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-21-21, p. 33505, § 9)

16-6-150 Penalties.

   (a)   Failure to obtain a permit for development in the S.F.H.A. or failure to comply with the requirements of a permit or conditions of a variance resolution issued pursuant to this chapter, or failure to otherwise comply with the provisions of this chapter, is hereby declared to be an abatable nuisance. Upon due investigation, the city shall notify the owner in writing of the violation, and that the violation is considered a willful act to increase flood damages and may result in suspension or revocation of the coverage afforded by a standard flood insurance policy.

   (b)   If the owner fails after ten days of the issuance of notification of the violation to correct the violation, the corporation counsel may file an appropriate action in the appropriate court for an injunction, requiring conformance with this chapter, and for a fine for violations of the chapter, and to obtain any other relief as the court deems necessary to secure compliance with this chapter.

   (c)   Any person who violates this chapter shall upon conviction be fined not less than $200.00 nor more than $500.00 for each violation of this chapter. A separate and distinct offense shall be deemed committed for each day a violation occurs or is allowed to remain. Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected with enforcing this chapter shall accrue to the person or persons responsible.

(Added Coun. J. 6-28-91, p. 2766)