§ 13-12-080

Failure to acquire permits for construction, alteration, installation, repair or razing – Stop work order

A.

Any city official charged with responsibility for administering this Code shall without delay issue a stop work order directing that the following prohibited activities cease and desist immediately:

i.

Any construction, alteration, installation, repair or razing of any building, structure, premises, or part thereof which is being done or has been done without any permit required by this Code; or

ii.

Any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof which is being done or has been done contrary to the drawings or plans which the appropriate department or agencies of the city approved when issuing any permit; or

iii.

Any maintenance or operation of any building, structure, premises, mechanical installation, equipment or part thereof which is being done without any permit or certificate required by this Code; or

iv.

Any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof which is being done or has been done by workers lacking a license required under this Code for such work or which is being done or has been done by workers required by the Code to be listed on the building permit application who were not listed.

No stop work order may be issued to prohibit any construction, alteration, installation, repair or razing of any building, structure, premises or part thereof that is performed pursuant to a valid permit issued by the building commissioner for any reason not specified in this section, unless such order is necessary to prevent an imminent threat to the safety of the public.

Any city official who has reason to believe that (1) any construction, alteration, installation, repair or razing of a building, structure, premises or part thereof is being done or has been done in violation of a stop work order, or that (2) any building, structure, premises, mechanical installation, equipment or part thereof is being maintained or operated in violation of a stop work order shall immediately request the corporation counsel to seek without delay any remedy provided by the law.

B.

It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.

Any person who violates this subsection upon conviction shall be punished, as follows:

i.

incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and

ii.

community service of not less than ten hours, nor more than 100 hours; and

iii.

a fine of not less than $400.00, nor more than $1,000.00 for the first offense; and a fine of not less than $1,000.00, nor more than $6,000.00 for the second offense; and a fine of not less than $6,000.00, nor more than $10,000.00 for the third and each subsequent offense.

A separate and distinct offense shall be committed for each stop work order which is violated, and each day that a violation continues.

If an employee of a builder, contractor or subcontractor is charged with violating this subsection, it shall be a defense that the employee is not an owner, manager or person exercising control over the builder, contractor or subcontractor and did not have prior notice that the builder, contractor or subcontractor had failed to obtain a permit.

C.

It shall be 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.

Any person who violates this subsection upon conviction shall be punished, as follows:

i.

incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and

ii.

community service of not less than ten hours, nor more than 100 hours; and

iii.

a fine not less than $200.00, nor more than $500.00.

(Prior code § 39-7; Amend Coun. J. 8-30-00, p. 39652, § 2; Amend Coun. J. 9-5-01, p. 66630, § 5; Amend Coun. J. 12-4-02, p. 99026, § 2.7; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)

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