Tuesday, December 07, 2004

Another question re penalties

One question that came up at a block meeting is whether you can be penalized from doing work on your landmarked property without a permit. Here is the Ordinance on that issue, reprinted verbatim:

Penalties and Remedies

2-120-910 Penalties and Remedies. The following penalties and remedies
shall be applicable to violations of this ordinance:

1. Penalties: Failure to perform any act required by this ordinance or
performance of any action which is prohibited by said sections shall
constitute a violation thereof. Every day on which a violation exists shall
constitute a separate violation and a separate offense. Any person violating
any of the provisions of this ordinance shall be subject to a fine of
not less than $500 nor more than $1,000 for each offense. In addition, if
the owner of property designated a "Chicago Landmark" willfully or
through gross negligence causes all or any part of the property to be
demolished or substantially destroyed or altered without the approval of
the City Council or the Commission, as the case may be, then no permit
to construct a new structure or improve said structure shall be issued for
said property or for the land upon which the landmark stood within five
years of the date of the demolition or alteration. Thereafter for a period
of 20 years, commencing at the end of the five-year period herein before
stated, any application for a building permit on the subject premises
shall follow the procedure heretofore set out in Sections 2-120-740
through 2-120-800.

2. Remedies: Notwithstanding the provisions of subsection (1) hereof,
in the event any building or structure is erected, constructed, reconstructed,
altered, added to, or demolished in violation of this ordinance,
the City of Chicago may institute appropriate proceedings to prevent or remedy such unlawful erection, construction, reconstruction, alteration,
addition, or demolition.

In other words, if you fail to perform "any act" required by the Landmarks Ordinance, you get fined no less than $500 per day. What does "any act" include? Well, it certainly includes permits. So if you are the owner of a landmarked property and you cause any part of your property to be demolished or "altered without the approval of the City Council or the [Landmarks] Commission," then your penalty is that you get NO permits to construct anything new, or improve the structure, for "five years of the date of the demolition or alteration."

What types of alterations require permit approval under the Landmarks Ordinance?

There are many, but they include changes to "materials of roofs, and windows and exterior walls visible from a public street."

So, you change your roof or windows without the proper permit, and that change is visible from the street, you can't get a permit to improve your home for 5 years, and can get penalized $500 a day to boot. The City can also sue you to demand that you alter what you did or change it back to how it was.

The full text of the ordinance and what it says about what type of work requires permits is below:

13-32-020.

A permit shall not be required for any minor repairs, as may be necessary to maintain existing parts of buildings, but such work or operations shall not involve [i.e., you need a permit to do all of the following] sandblasting, the replacement or repair of any structural load-bearing members, nor reduce the means of exit, affect the light or ventilation, room size requirements, sanitary or fire-resistive requirements, use of materials not permitted by the
building and environmental controls of this code, changes in the
materials of roofs, and windows and exterior walls visible from a public
street of properties designated as Chicago Landmarks in accordance
with applicable provisions of Chapter 2-120, nor increase the height,
area, or capacity of the building.

13-32-120 Construction Contrary to Permit -- Stop Work Order.
Where any work done under a permit authorizing erection, alteration,
or repair of a building, structure or portion thereof, is being done
contrary to the approved drawings and plans, the building commissioner
or the president of the board of health shall have the power to stop such
work at once [....] Nothing in this paragraph shall be construed to
prevent minor changes in arrangement or decoration which do not
affect the requirements of any provisions of this code, except where they
affect significant features, as communicated in the report of the
Commission of Chicago Landmarks, of a Chicago Landmark designated
in accordance with applicable provisions of Chapter 2-120 of this code.

13-32-200 Fences – Permit Required. It shall be unlawful for any
person to erect or construct any fence more than five feet in height, or a
solid fence of any height visible from a public street on property
containing a Chicago landmark designated in accordance with
applicable provisions of Chapter 1(2-120) of this code, without first
obtaining a permit from the building commissioner.

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