Section 15.09.070 Violations.

A. Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, use or occupy, let to another for use or occupy or permit another person to use or occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the building commissioner, or to remove or deface a placard or notice posted under the provisions of this code.

Any person who shall violate or who shall maintain a violation of this code, or who shall contribute to a violation or to the maintenance of a violation of this code, shall be subject to prosecution and the penalty provisions of this code.

B. Injunction. If the owner or owners, including lien holders of record, fail to bring a building, structure, premises, or part thereof, including equipment into conformity with the minimum standards for health and safety as set forth in this code within the time specified in a notice of violation, the building commissioner may request the city’ s attorney to make application to a court of competent jurisdiction for an injunction requiring right of entry for inspection or compliance with this code or for such other order as the court may deem necessary or appropriate to secure compliance including the appointment of a receiver to cause such building, structure or premises or part thereof to conform to the standards and requirements of this code. (65 ILCS 5/11-31-2)

C. Prosecution for violation. In case of any unlawful acts (as described in subsection A of this section) the building commissioner shall institute an appropriate action or proceeding at law to exact the penalty provided by subsection D (entitled “Fine”) of this section. Also the building commissioner shall request the city’s attorney to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

D. Fine. Any person, firm or corporation who shall violate any of the provisions of this code shall be guilty of a petty offense punishable by a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) plus costs. If more than one provision, standard or requirement of this code is violated, then each such provision, standard or requirement violated shall be considered to be a separate offense. Each day that a violation occurs or continues, after due notice has been served, shall be considered to be a separate offense for which the violator shall be liable to the maximum penalty herein specified for each violation.

E. Notice of Violation. When the building commissioner determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the following manner:

4. Include an order allowing a reasonable time, not less than twenty (20) days, (except in a case of an emergency, including but not limited to, threat to health or physical safety) for the repairs and improvements required to bring the property or structure into compliance with the provisions of this code; and

5. Include a brief explanation of the owner’s right to seek modification or withdrawal of the notice by petition to the property maintenance board of review.

2. By leaving a copy of the notice at his usual place of abode delivered to the owner or to someone in his family that is age fourteen (14) or older who is informed of the contents thereof; or

4. If such mailing is returned with receipt showing the notice has not been delivered or if the service is otherwise rejected or not deliverable, then by merely placarding the subject property or premises in accordance with the provisions of subsection E of this section.

G. Disclosure of Beneficiaries of Land Trusts and Owners of Property. The trustee who pursuant to a trust instrument has title to but no beneficial interest in real estate, after receipt (by such trustee) of the initial written notice or complaint of violation of this code shall disclose to the building commissioner the identity and address of every beneficiary of the trust having a beneficial interest in the trust. (765 ILCS 405-Land Trust Beneficial Interest Disclosure Act)

H. Premises of Uncertain Ownership. Notice of violation under this code shall be served on the owner or owners of the property and upon the lien holders of record. If upon diligent search, the identity or whereabouts of the owner or owners of the building and the lien holders of record are not ascertainable, notice mailed to the person or person in whose name the real estate was last assessed by the county assessor of the county in which the real estate is situated is sufficient notice under this code. (65 ILCS 5/11-31-1-Unsafe Buildings Act)

I. Placarding--Notice of Violation. When the building commissioner determines a violation of this code exists he may cause a notice of such violation to be posted in a conspicuous place near the main entrance of such building or structure; and if no such entrance exists, then at a conspicuous place upon the premises.

The notice shall be at least nine inches in height and fourteen inches in width and at the top thereof in large letters shall state "Notice of Violation." The text of such notice shall contain a reference to the provision of the code violated and may contain such other information regarding the nature of the violation as the building commissioner deems advisable.

J. Removal--Defacing--Penalty. Upon remedy of the cause of the violation for which notice is posted the building commissioner shall forthwith remove the notice. Any other person removing any such notice or defacing such notice shall be guilty of a petty offense and shall be fined not to exceed one hundred dollars ($100.00). (50 ILCS 810/0.01, et seq., the Building Code Violation Notice Posting Act)

K. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit, structure, or premises upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the notice of violation have been complied with; except as hereinafter provided in the next succeeding paragraph of this section.

Notwithstanding the prior paragraph of this section, the owner of the property may dispose of the same without curing the violation if such owner shall first furnish the grantee, transferee, mortgagee, and lessee of the property a true copy of any notice of violation issued by the building commissioner and shall furnish to the building commissioner a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the responsibility without condition for making the corrections or repairs required by such notice of violation. (Ord. 1686 § 1 (part), 1998)

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code., Prior Text)