§ 2-92-416

Compliance with building code

A.

No person shall be eligible to do business with the city, if the person is identified pursuant to this section as a building code scofflaw or a problem landlord: nor shall any entity in which such a person has a substantial ownership interest be eligible to do business with the city. Provided, however, that the prohibition in this subsection shall not apply for a specific city contract if the head of the city department administering the contract determines that (i) the city is unable to acquire the goods or services provided by the person at comparable price and quality, and in sufficient quantity, from other sources; or (ii) the public health, safety and welfare requires it. Except as otherwise specified by rule, the prohibition in this subsection (A) shall apply at all times such person remains on the city’s building code scofflaw or problem landlord list.

B.

The commissioner, in consultation with the corporation counsel, is authorized to create and publish a list of building code scofflaws and a list of problem landlords in accordance with rules and regulations promulgated pursuant to this section.

C.

(1) Any person identified as a building code scofflaw or problem landlord pursuant to this section shall, in a form prescribed by the commissioner, attest to the accuracy of the information by affidavit and provide to the commissioner within 14 days of notice by the department of the person being identified as a building code scofflaw or problem landlord pursuant to this Section: (i) the name, address and contact information of all tenants who reside in any building subject to enforcement proceedings by the city and that are owned by such person: and (ii) the name of all properties in the city in which such person has a substantial ownership interest.

2.

Any person who violates subsection (C)(1) shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

D.

Nothing in the section shall be construed to prohibit any city department from adopting requirements for doing business with the city stricter than the requirements set forth in this section for any city contract, city funds, certification, project or program administered by such department.

E.

As used in this section:

“Building code scofflaw” means any residential building owner whose uncorrected and habitual or extensive or serious violations of the building provisions of this code, as described by rule, has created a threat to the health, safety or welfare of the building’s tenants or the neighboring community.

“Building provisions of this code” shall have the meaning ascribed to the term in Section 2-14-151.

Commissioner” means the city’s commissioner of buildings.

“Do business with the city” means: (i) being awarded a city contract, or (ii) receiving a grant, loan or other form of financial assistance from any city department, or (iii) having an application for any of the following accepted and processed by the relevant department: (A) an acquisition of city real property, (B) a lease, (C) a real property tax reclassification, (D) a zoning change request that requires verifying that the applicant is not on the city’s building code scofflaw list, or (E) a street or alley vacation.

“Problem landlord” means any person who owns a residential building in the city and who has repeatedly been subject to enforcement proceedings that resulted in a finding of liability, as specified by rule, for serious violations of the building provisions of this Code.

Residential building” has the meaning ascribed to the term in Section 17-17-02146 of the Chicago Zoning Ordinance.

“Substantial ownership interest” means greater than 7-1/2 percent ownership interest; provided, however, that if an entity is publicly traded on an exchange, the term “substantial ownership interest” means any officer or director of the entity.

“Tenant” means any person entitled, by a written or oral agreement or by a subtenancy approved by a landlord or by sufferance, to occupy a dwelling unit in a building to the exclusion of others.

F.

If a person identified as a problem landlord maintains that he has corrected the violations of building provisions of this Code that led the person’s name to be included on the city’s problem landlord list, the commissioner before granting any relief that such person may request, as provided by rule, shall require the inspection of the building or buildings that contained such violations to determine whether the person has cured the violations. The person shall be responsible for the costs of such inspections. The fee for such inspection shall be $250.00 per building for residential buildings with 12 or less units; and $500.00 per building for residential buildings with more than 12 units. Furthermore, no person shall be removed from the problem landlord list until they have paid in-full any and all fines and inspection fees associated with such building or buildings.

G.

The commissioner is authorized to: (i) conduct investigations or hearings or other actions or proceedings, consistent with the requirement of due process of law and equal protection under the law, to accomplish the purposes of this section; (ii) promulgate rules and regulations for the proper administration and enforcement of this section, including rules for including a person on the city’s building code scofflaw or problem landlord list and hearing process regarding removal of a person from such list; and (iii) delegate to a designee the commissioner’s authority to conduct hearings under this section.

(Added Coun. J. 1-13-10, p. 83085, § 1; Amend Coun. J. 11-8-12, p. 38872, § 14; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 4; Amend Coun. J. 1-21-15, p. 102428, § 3)

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