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CHAPTER 13-10 -
REGISTRATION OF MULTIPLE DWELLINGS
13-10-010
Definitions.
13-10-020
Exemption of condominiums and cooperatives.
13-10-030
Registration required.
13-10-040
Time for registration.
13-10-050
Amended registrations.
13-10-060
Registration records.
13-10-070
Enforcement.
13-10-080
Penalties.
13-10-090
Notice of code violations.
13-10-100
Severability.
13-10-010 Definitions.
For the purpose
of this chapter, unless the context requires otherwise, the
following terms shall be construed as herein defined:
(a)
“Building” shall mean a structure, or part thereof,
enclosing space designed or used for four or more family
units, or designed or used for sleeping accommodations,
other than family units, for ten persons or more, not
including buildings licensed under Chapter 4-84 of the
Municipal Code of Chicago;
(b) “Code”
shall mean the
building code;
(c)
“Mortgage” shall mean any consensual interest or consensual
lien created by a written instrument which grants or retains
an interest in realty to secure a debt or other obligation.
Real estate installment sales contracts shall be deemed
mortgages for the purposes of this chapter; and
(d) “Owner”
shall mean the legal title holder or holders of the realty,
except (1) if legal title is held by an Illinois Land Trust,
owner shall mean the beneficial owner or owners of the
trust; and (2) if there is a purchaser or purchasers under a
real estate installment sales contract, owner shall mean the
purchaser or purchasers. The singular shall include the
plural throughout. For the purpose of Section 13-10-030(a)
the owner shall mean the legal title holder(s), beneficial
owner(s) and contract purchaser(s) of the realty.
(Prior code § 39.1-1;
Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 6-14-95, p.
2841; Amend Coun. J. 10-2-95, p. 8019)
13-10-020 Exemption of condominiums and cooperatives.
Buildings subject
to the Illinois Condominium Property Act and cooperative
buildings shall be exempt from the provisions of this
chapter, unless a person, partnership, trust or corporation,
directly or indirectly, owns or controls 50 percent or more
of the condominium units or 50 percent or more of the voting
power in the condominium association as defined by the
condominium declaration, or 50 percent or more of the voting
power in the cooperative as defined by the agreement
establishing the cooperative. Indirect ownership or control
includes ownership or control by spouses (unless legally
separated or divorced), children or adopted children;
ownership of 50 percent or more of the stock of a
corporation which owns an interest in the realty and
ownership of a proportionate interest in a partnership or
trust which owns an interest in the realty. For purposes of
this section, a cooperative building is defined as a
multiple-dwelling complex owned by a cooperative
corporation, stock in which affords the owner thereof the
right to possess or occupy a particular family unit
allocated to that stock within the complex. This right of
possession or occupancy is granted through a proprietary
lease or similar arrangement, and, unlike the owner of a
condominium, the owner of the cooperative stock does not
hold legal title to his or her individual family unit.
(Prior code § 39.1-2;
Added Coun. J. 4-25-90, p. 14801)
13-10-030 Registration required.
The owner or
owners of any building shall file a registration statement
for each such building with the department of buildings on
forms provided by the department of buildings for such
purposes; provided, however, that the registration of a
vacant building pursuant to Section 3-12-125 shall satisfy
the registration requirement of this section. Any such
registration statement shall be deemed prima facie proof of
the statements therein contained in any administrative
enforcement proceeding or court proceeding instituted by the
city against the owner or owners of the building. The
registration statement shall include the following
information:
(a) The name,
street address and telephone number of each owner of the
building. If the owner is a partnership, corporation, or
voluntary unincorporated association, the statement shall
further include the name, street address, telephone number
and position of a responsible partner or officer. If the
owner is a corporation, the statement shall further include
the name, street address and telephone number of the
registered agent thereof;
(b) The name,
street address and telephone number of a natural person 21
years of age or older, designated by the owner or owners as
the authorized agent for receiving notices of code
violations and for receiving process, in any court
proceeding or administrative enforcement proceeding, on
behalf of such owner or owners in connection with the
enforcement of this Code. This person must maintain an
office in Cook County, Illinois, or must actually reside
within Cook County, Illinois. An owner who is a natural
person and who meets the requirements of this subsection as
to location of residence or office may designate himself as
agent;
(c) The name,
street address and telephone number of the owner’s agent for
the purpose of managing, controlling or collecting rents and
any other person not an owner who is controlling such
building, if any;
(d) The name,
street address and telephone number of each lending
institution or party holding a mortgage on the property, if
any;
(e) The
street address and property index number(s) of the building,
and the number of family units therein.
For purposes of
this section, a post office box does not suffice as an
address.
(Prior code § 39.1-3;
Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 4-12-00, p.
29471, § 1)
13-10-040 Time for registration.
The owner of a
building shall register the building with the department of
buildings no later than February 1st of each year and shall
pay an annual registration fee of $10.00 for each building
so registered at the time the owner files the annual
registration statement. The registration fee shall not be
prorated. The owner(s) shall certify to the department of
buildings that the information provided on the registration
statement is true and correct.
All owners whose
buildings are licensed under the provisions of Chapters 4-84
and 4-96 of the Municipal Code of Chicago, and all
eleemosynary, religious, educational, benevolent or
charitable associations and all governmental agencies shall
file the registration statement required under this chapter
but shall be exempt from the payment of the fee for the
same.
Upon
registration, and payment of the fee if applicable, the
building commissioner shall issue a certificate of
registration to the owner which shall certify that the owner
has registered the building in compliance with Section
13-10-030 of this chapter.
Upon
demonstration by an owner that the building is not required
to register under the provisions of these sections, the
building commissioner shall issue a waiver of registration.
(Prior code § 39.1-4;
Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 6-14-95, p.
2841)
13-10-050 Amended registrations.
The owner of a
building required to register with the department of
buildings under Section 13-10-030 of this chapter shall
notify the department of buildings, within 20 business days,
of any change in the registration information by filing an
amended registration statement on a form provided by the
department of buildings for such purpose. There shall be no
additional fee for filing an amended registration statement.
(Prior code § 39.1-5;
Added Coun. J. 4-25-90, p. 14801)
13-10-060 Registration records.
The building
commissioner shall maintain the building registration
records. These records shall consist of the registration
information obtained under Sections 13-10-030 through
13-10-050 of this chapter. This information is solely and
exclusively gathered and maintained by the City of Chicago
for administrative enforcement proceedings and law
enforcement purposes. This information, with the exception
of information provided in response to Section 13-10-030(c)
of this chapter, shall be held as confidential information
not open to the public and shall be exempt from public
disclosure under the Illinois Freedom of Information Act
pursuant to Illinois Revised Statutes, Chapter 116, Sections
207(b) and 207(c), and shall only be provided to authorized
city officials and employees and their agents.
Notwithstanding anything to the contrary herein, the
building commissioner may, upon written request, disclose
whether a building is registered under the provisions of
Section 13-10-030 and, if not registered, whether a waiver
of registration has been issued for the building.
(Prior code § 39.1-6;
Added Coun. J. 4-25-90, p. 14801)
13-10-070 Enforcement.
(a) The
building commissioner shall enforce the provisions of this
chapter and, in addition to any other remedies provided by
law including institution of proceedings in the buildings
hearings division of the department of administrative
hearings, may apply to the corporation counsel for
prosecution of owners who fail to comply.
(b) The
executive director may refuse to issue any permits(s)
required under this Code for any construction, alteration,
installation, razing or other work done in or on any
building as defined in Section 13-10-010(a), of this
chapter, or any certificate of occupancy required under this
Code for such a building, unless the owner(s) or other
applicant for such permit(s) or certificate(s) presents
either a current certificate of registration or a waiver of
registration for the building.
(c) The
director of revenue shall issue no real property transfer
tax stamps for a transfer involving a building as defined in
Section 13-10-010(a) of this chapter unless the grantee or
purchaser presents either a current certificate of
registration or a waiver of registration for the building.
(Prior code § 39.1-7;
Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 12-15-92,
p. 27387; Amend Coun. J. 7-10-96, p. 24983; Amend Coun. J.
11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend
Coun. J. 3-5-03, p. 104990, § 15)
13-10-080 Penalties.
(a) Each day
that any building is not registered in accordance with the
provisions of Sections 13-10-030 and 13-10-040 of this
chapter shall constitute a separate and distinct offense.
(b) In
addition to any of the penalties provided in this chapter,
any person committing an offense under Section 13-10-080(a)
of this chapter shall, upon conviction thereof, be fined not
less than $50.00 nor more than $200.00 for the first
offense, and not less than $100.00 nor more than $300.00 for
the second and each subsequent offense in any 180-day
period.
(c) The
intentional submission of false information on a
registration statement or an amended registration statement
filed pursuant to Sections 13-10-030 through 13-10-050 of
this chapter shall be an offense punishable by a fine of not
less than $100.00 nor more than $500.00. Each day that such
information remains uncorrected by the owner(s) shall
constitute a separate and distinct offense.
(Prior code § 39.1-8;
Added Coun. J. 4-25-90, p. 14801)
13-10-090 Notice of code violations.
By designating an
authorized agent under the provisions of Section
13-10-030(b) the owner is consenting to receive any and all
notices of code violations concerning the registered
building and all process in any court proceeding or
administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by
service of the notice or process on the authorized agent.
(a) Any owner
who has designated an authorized agent under the provisions
of Section 13-10-030(b) shall be deemed to consent to the
continuation of the agent’s designation for the purposes of
this chapter until the owner notifies the department of
buildings of a change of authorized agent pursuant to
Section 13-10-050 or until the owner files a new annual
registration statement to* Section 13-10-040.
(b) Any owner
who fails to register a building under the provisions of
Sections 13-10-030 through 13-10-050 of this chapter, shall
further be deemed to consent to receive, by posting at the
building, any and all notices of code violations and all
process in an administrative proceeding brought to enforce
code provisions concerning the building.
(Prior code § 39.1-9;
Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 4-29-98, p.
66565)
13-10-100 Severability.
If any section,
subsection, paragraph, sentence, clause or word of this
ordinance shall be held to be invalid, either on its face or
as applied, the invalidity of such provision shall not
affect the other sections, subsections, paragraphs,
sentences, clauses or words of this ordinance, and the
applications thereof; and to that end the sections,
subsections, paragraphs, sentences, clauses and words of
this ordinance shall be deemed severable.
(Prior code § 39.1-10;
Added Coun. J. 4-25-90, p. 14801)
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