Chapter 14A-3 Enforcement

It is unlawful for any person to alter, build, construct, demolish, erect, extend, maintain, occupy, relocate, remove, or use any structure or equipment regulated by the Chicago Construction Codes, or cause the same to be done, in conflict with or in violation of any provision of the Chicago Construction Codes.

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 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 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.

It is unlawful for any person to remove, alter, cover, or obliterate any notice or sign lawfully posted by or at the direction of the building official or other City official authorized to post notices or signs under the Chicago Construction Codes without the written permission of the building official or other City official who posted or directed the posting of the notice or sign, or a written order authorizing such action from a court or administrative body responsible for an enforcement proceeding to which the notice or sign relates.

Records of investigations by the building official, including inspections of buildings, structures, and premises, are public records and are admissible in administrative and judicial enforcement proceeding as prima facie evidence as to their contents.

Where Sections 14A-3-302 through 14A-3-315 and other provisions of the Municipal Code provide more than one penalty, legal remedy, or method of enforcement for a type of violation of the Chicago Construction Codes, no one penalty, legal remedy, or method of enforcement limits or impairs the scope, operation, or effectiveness of each or any other authorized penalty, legal remedy, or method of enforcement available for the prevention, restriction, correction or abatement of, penalty for, or recovery of costs related to that violation of the Chicago Construction Codes.

Each violation of a provision of the Chicago Construction Codes or interference with the enforcement of the Chicago Construction Codes must be punished by a fine as provided in Section 14A-12-1203. Each day that a violation continues and each act of interference is a separate and distinct offense.

Where the building official or other City official charged with responsibility for administering the Chicago Construction Codes determines that any structure or premises fails to conform to the minimum standards of health and safety set forth in the Chicago Construction Codes and the owner has failed to cause the structure or premises to conform with the provisions of the Chicago Construction Codes, the building official or other City official may request that the Corporation Counsel make application on behalf of the City to any court or administrative body of competent jurisdiction for an injunction requiring compliance with the provisions of the Chicago Construction Codes or for such other order as the court or administrative body deems necessary or appropriate to secure such compliance.

1. Performed or directed work requiring a permit under the Chicago Construction Codes where no such permit has been issued.
2. Performed or directed work deviating from the scope of work identified in a permit or permitted construction documents, where the Chicago Construction Codes require prior approval of the building official for such a deviation, without first obtaining the written approval of the building official or a new permit.
3. Performed or directed work in violation of a stop work order.
4. Performed or directed work that results in the issuance of a stop work order by the City under Section 14A-3-306 or the Chicago Zoning Ordinance.
5. Upon completion of work requiring a rough or final inspection or certification, failed to contact the building official to schedule a required inspection or failed to submit a required certification.
6. Upon completion of work requiring a certificate of occupancy, failed to contact the building official to obtain a required certificate of occupancy.
7. Utilized or directed any person who is not a trade license holder or registered design professional to perform work that may only be performed by a trade license holder or registered design professional pursuant to the Municipal Code.
8. Where a permit or permit application lists the name or identification number of a trade license holder who is authorized to perform a scope of work, utilized or directed a person whose name or identification number is not listed on the permit or permit application to perform that scope of work.
9. Listed or allowed the listing or use of one's trade license or registered design professional license on a permit or permit application where that work is performed by another person.
10. Made a false statement on a permit application or aided and abetted another person in making a false statement on a permit application.
11. Performed or directed work contrary to the Chicago Construction Codes or failed to perform work required by the Chicago Construction Codes, and such action resulted in a substantial defect, error, or deficiency requiring a reinspection or re-review by the building official.
12. Failed to promptly correct any substantial defect, error, or deficiency as directed by the building official.
13. Performed or directed work that poses an immediate or imminent threat to the health and safety of workers or the public.
14. Been indicted or charged under any local, state, or federal law with the offense of bribery or fraud or a similar offense.
15. Failed to pay fines or fees due and owing to the United States Department of Labor Occupational Safety and Health Administration, or a similar state or local governmental agency, for violations relating to workplace safety or unsafe work practices.
16. Failed to comply with an obligation under Article XIV or Article XVIII of Chapter 11-4 of the Municipal Code.
17. Performed an act proscribed by a provision of the Municipal Code related to trade licenses.
18. Failed to perform a duty imposed by a provision of the Municipal Code related to trade licenses.

The building official must adopt and publish uniform procedures consistent with due process for proceedings to contest a decision under Section 14A-3-304. Following a hearing, the building official must issue a written decision to uphold, modify, or reverse the suspension. The written decision of the building official following a hearing is a final administrative decision, subject to judicial review as provided by law.

A person subject to a suspension pursuant to Section 14A-3-304 may file a written petition with the building official for reinstatement of permit privileges at any time. The petition must include evidence that the basis of suspension has been corrected and that all related fines and fees have been paid. In addition to any other fees and fines, a reinspection fee in accordance with Section 14A-6-601.1.2 must be paid to the City for each inspection or review conducted by the City to verify the basis of suspension has been corrected.

In addition to or concurrent with action under Section 4-4-280 of the Municipal Code, the building official may suspend or revoke the trade license of any trade license holder where the building official determines that the trade license holder is subject to any of the conditions listed in Section 14A-3-304.1.

Nothing in Section 14A-3-305 relieves or excuses a trade license holder from maintaining any and all prerequisites, conditions, and requirements for a valid and active trade license, including but not limited to: maintaining valid insurance, bonding, letter of credit or other financial liability coverage; maintaining valid licensing, registration or certification with a regulatory entity of the United States or the State of Illinois; payment of local, state or federal fees and taxes; and other prerequisites, conditions and requirements for a valid and active trade license during any period when the trade license is suspended.

Any person whose trade license is suspended or revoked pursuant to this section may not be issued a new trade license during the period of suspension or revocation. Where the trade license holder is an entity, then no controlling person(s) of that entity, as defined in Section 4-4-005 of the Municipal Code, may be issued a new trade license during the period of suspension or revocation.

The building official must adopt and publish uniform procedures consistent with due process for proceedings to contest a decision under Section 14A-3-305. Following a hearing, the building official must issue a written decision to uphold, modify, or reverse the suspension. The written decision of the building official following a hearing is a final administrative decision, subject to judicial review as provided by law.

A stop work order must be in writing. The stop work order must be either given to the owner or the person performing the work or posted at the work site. Upon issuance of a stop work order, the cited work must immediately cease.

Any City official who has reason to believe that construction, demolition, maintenance, operation, rehabilitation, or relocation of any structure is being done or has been done in violation of a lawful stop work order is directed to immediately request that the Corporation Counsel seek remedies provided by law.

It is unlawful for any person to knowingly violate a stop work order, or to knowingly cause, allow, encourage, assist, aid, abet, or direct another person to violate a stop work order, or in any manner to knowingly be a party to a violation of a stop work order. A separate and distinct offense is committed for each stop work order which is violated and each day that a violation continues.

It is unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover, or obstruct any stop work order which a City official has posted or affixed at a work site. A separate and distinct offense is committed for each stop work order which is violated and each day that a violation continues.

Where a building, structure, or premises has been damaged by fire, deterioration, or other cause, or shows clear evidence of structural failure, and where it constitutes an actual and imminent danger to the public, the building official, fire code official, Superintendent of Police, or Commissioner of Public Health is authorized to order said building, structure, or premises vacated and closed.

Where any building, structure, or premises has been ordered closed pursuant to Section 14A-3-307.1 and notice is posted in accordance with Section 14A-3-307.2, it is unlawful for any person to enter the closed portion of the building, structure, or premises except for the express purpose of correcting violations of the Chicago Construction Codes, or for purposes of inspection at the direction of the City official identified on the notice.

Where necessary for public safety, the building official is authorized to close or order the authority having jurisdiction to close sidewalks, streets, public ways, and other places adjacent to unsafe structures, including private property, and prohibit the same from being utilized until the unsafe condition is remediated.

Upon a report to the Mayor by the building official, fire code official, Commissioner of Public Health, or Superintendent of Police that any business for which a license is required by any provision of the Municipal Code is being conducted on premises where the provisions of the Chicago Construction Codes or any proper order given by such City official under the Chicago Construction Codes, has been violated or not complied with, the Mayor may revoke the license of the business and cause the business to be closed.

If, after ten days from the date of providing notice as provided in Section 14A-3-312.1, the owner of a vacant and open structure has failed to enclose the structure, the City may board up or otherwise secure the structure at the owner's expense.

The building official is authorized to terminate or direct the termination of utility service to a building, structure, or system regulated by the Chicago Construction Codes in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without a permit or approval required by the Chicago Construction Codes as provided in Sections 14A-3-310.2 through 14A-3-310.5.

The building official is authorized to cut off and discontinue current to electrical wiring and apparatus found to be dangerous to life and property. The building official is authorized to attach to electrical cabinets and equipment, an official notice or seal to prevent use of electricity, and it is unlawful for any other person to put or attach such seal or to break, change, destroy, tear, mutilate, cover, or otherwise deface or injure any such official notice or seal posted by the building official.

The building official is authorized to request termination of water service in accordance with Chapter 11-12 of the Municipal Code.

The building official is authorized to cut off and discontinue gas service to installations and equipment found to be dangerous to life and property. The building official is authorized to attach to gas installations and equipment an official notice or seal to prevent use of gas. It is unlawful for any other person to put or attach such seal or to break, change, destroy, tear, mutilate, cover, or otherwise deface or injure any such official notice or seal posted by the building official.

The building official is directed to notify the serving utility and, wherever possible, the owner and occupants of the building, structure, or system of the decision to disconnect before disconnection. If not notified before disconnection, the owner must be notified as soon as practical thereafter.

The building official is authorized to demolish, repair, or enclose a structure (including a structure that could be demolished in accordance with Section 14A-3-311.2) or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises where the action is authorized by a court pursuant to Section 14A-3-312.

Where the building official determines that a private garage, carport, or similar non-habitable structure is dangerous or unsafe, the building official is authorized to demolish the structure in accordance with Sections 14A-3-311.2.1 through 14A-3-311.2.5.

Where a building, structure, or premises has been damaged by fire, deteriora- tion, or other cause, or shows clear evidence of structural fail- ure, and where it constitutes an imminent danger to the public such that following the procedure in Section 14A-3-311.2 or 14A-3-312 is not practical, the building official is authorized to hire a licensed and qualified general contractor to immedi- ately secure the premises and remove the dangerous building or structure.

Where any building or structure is found to be dangerous and unsafe or uncompleted and abandoned, the building official and fire code official are authorized to notify the owner in writing, directing the owner to demolish, repair, or enclose the building or structure or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises, so as to put the building or structure in a safe condition.

The building official or fire code official may request that the Corporation Counsel send the notices required by Section 14A-3-312 and concurrently initiate an enforcement proceeding to remedy violations of the Chicago Construction Codes identified by the building official or fire code official.

Where, upon diligent search, the identity or whereabouts of the owner of the building or structure, including the lien holders of record, is not ascertainable, notice must be mailed to the person in whose name the real estate was last assessed.

If, after 15 days from the date of mailing the notice authorized by Section 14A-3-301.3, the owner has failed to put the premises in a safe condition, to demolish, repair, or enclose the building or structure, and to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises, as specified in the notice, the building official or fire code official may request that the Corporation Counsel apply to the Circuit Court of Cook County for an order authorizing the City to demolish, repair, or enclose the structure or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises or requiring the owner to perform these actions. The Corporation Counsel may initiate a court action to obtain the appropriate orders in the Circuit Court of Cook County irrespective of whether notice has been previously sent.

All costs of demolition, repair, enclosure, or removal incurred by the City, including court costs, attorney's fees, and other enforcement costs are recoverable from the owner and are a lien on the real estate as provided by law.

Any owner who fails to take the action demanded in the notice must also be fined in accordance with Section 14A-3-302 for each day from the 16th day after the notice has been given until the premises has been brought into compliance. If court action is initiated by the Corporation Counsel without prior notice as described in Section 14A-3-312.4, the fine will be imposed beginning on the 16th day after the summons is served on the owner.

1. A building or structure found to be vacant and open after the effective date of an order to secure and enclose issued by a court of competent jurisdiction or the Department of Administrative Hearings within the previous 12 months, unless stayed by a court of competent jurisdiction.
2. A building or structure found to contain any violation of the Chicago Construction Codes or Chicago Zoning Ordinance that is imminently dangerous and hazardous.
3. A building or structure for which the costs of repair necessary to bring the building or structure into compliance with applicable laws would exceed the market value of the building or structure after repair, or where the owner cannot show that the owner has readilyavailable and sufficient assets to make the necessary repairs, or where necessary repairs otherwise are economically infeasible.
4. A building or structure where the owner has failed to correct violations of the Municipal Code that form the basis of an order or judgment involving that building or structure, issued by a court of competent jurisdiction or a hearing officer of the Department of Administrative Hearings, within 60 days of entry, unless such order or judgment has been stayed by a court of competent jurisdiction.

Where the building official determines that a building or structure is a public nuisance, the building official is directed to notify the Corporation Counsel. The Corporation Counsel is authorized to bring an action in a court of competent jurisdiction to abate a public nuisance as described in Section 14A-3-313.1 by attempting to serve a complaint on all owners of record, beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, including persons owning certificates of purchase under the Property Tax Code.

If the court finds that the City has established by a preponderance of the evidence that the building or structure identified in the notice is a public nuisance as described in Section 14A-3-313.1, the court must enter an order of abatement requiring the owner, within a time frame specified in the order, to take all reasonable measures necessary to abate the public nuisance. The court's order of abatement may include, but is not limited to: correcting all code violations; altering, repairing, or improving the building or structure, rendering the building or structure fit for human use or habitation; vacating or enclosing the building or structure; or demolishing the building or structure. The court may also appoint a receiver; authorize a lienholder to take possession of the property to abate the nuisance; or, if requested by the Corporation Counsel and reasonable in light of the magnitude of the harm caused or which can reasonably be expected to be caused by the nuisance, the market value of the property in its current condition, and the extent to which the owner has failed to take effective measures to abate the nuisance, the assignment to the City or to a third party designated by the City or forfeiture to the City of all of the defendants' rights, title, and interest in the real estate.

For any building or structure that is a public nuisance subject to abatement proceedings under this section, the owner must be fined in accordance with Section 14A-3-302 for each day the nuisance has existed until the nuisance is abated.

The amount of any fine imposed under Section 14A-3-302 in a proceeding involving a building or structure that is a public nuisance, any cost to the City for repairs, alterations, improvements, vacating and enclosing, or demolition, and the costs to the City of bringing an abatement proceeding are recoverable from the owner, are a lien on the property upon which the building or structure is or was located, and are enforceable against any person against whom the order of abatement issues, as provided by law.

In addition to any other penalty or remedy provided for in this chapter, punishment by a term of incarceration for not more than 6 months must be imposed when specifically sought by the Corporation Counsel and where authorized by Sections 14A-3-314.1.1 through 14A-3-314.1.7.

Notwithstanding other provisions of the Chicago Construction Codes, whenever, in the opinion of the building official, there is imminent danger to life or property due to an unsafe condition caused by a violation of the Chicago Construction Codes, the building official may order temporary work to be done, including the boarding up of openings, to abate the imminent danger, whether or not the procedures described in the Chicago Construction Codes have been followed, and may cause such other action to be taken as the building official deems necessary to meet such emergency.