Share to Facebook Share to Twitter Bookmark and Share
File #: 20-4332    Version: 1 Name: PROPOSED FEE SCHEDULE ORDINANCE AMENDMENT
Type: Ordinance Amendment Status: Approved
File created: 9/17/2020 In control: Zoning and Building Committee
On agenda: 9/24/2020 Final action: 10/22/2020
Title: PROPOSED ORDINANCE AMENDMENT AMENDMENT TO FEE SCHEDULE, BUILDING REGULATIONS AND SIGN ORDINANCE BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 32 Fees, is hereby amended to read as follows: Sec. 32-1. - Fee schedule. *** CHAPTER 102, BUILDINGS AND BUILDING REGULATIONS See link to full text for fee changes *** BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that Chapter 102 Building and Building Regulations, Article II - Vacant Buildings, Section 102-5, Section 102-6 and Section 102-19 is hereby amended to read as follows: Sec. 102-5. - Obligation to register. (a) The owner of any building that has become vacant shall within 30 days, after the building becomes vacant or within 30 days after assuming ownership of the building, whichever is later, file a registration statement, including proof of liability insurance in the amount prescribed in Section 102-14, for each such building with the appropriate enforcing authority on forms provided ...
Sponsors: TONI PRECKWINKLE (President), PETER N. SILVESTRI
Attachments: 1. 20-4332 Full text

title

PROPOSED ORDINANCE AMENDMENT

 

AMENDMENT TO FEE SCHEDULE, BUILDING REGULATIONS AND SIGN ORDINANCE

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 32 Fees, is hereby amended to read as follows:

 

Sec. 32-1. - Fee schedule.

***

 

CHAPTER 102, BUILDINGS AND BUILDING REGULATIONS

                     See link to full text for fee changes

***

 

BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that Chapter 102 Building and Building Regulations, Article II - Vacant Buildings, Section 102-5, Section 102-6 and Section 102-19 is hereby amended to read as follows:

Sec. 102-5. - Obligation to register.

(a)                     The owner of any building that has become vacant shall within 30 days, after the building becomes vacant or within 30 days after assuming ownership of the building, whichever is later, file a registration statement, including proof of liability insurance in the amount prescribed in Section 102-14, for each such building with the appropriate enforcing authority on forms provided by that department for such purposes and pay a registration fee in the amount prescribed in Section 102-6, for each registered building; provided, however, that all eleemosynary, religious, educational, benevolent or charitable associations organized on a not-for-profit basis and all governmental agencies shall be exempt from the payment of the registration fee. The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration every year as long as the building remains vacant. There shall be no fee for such renewal. and pay a renewal fee as prescribed in Section 102-6. The owner shall notify the Department of Building and Zoning, within 20 days, of any change in the registration information by filing an amended registration statement on a form provided by the Department of Building and Zoning for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the County against the owner or owners of the building. Registration of a building in accordance with this section shall be deemed to satisfy the registration requirement set forth in Article V, Administration and Enforcement, Section 5.3-4 of the Cook County Building Code.

***

Sec. 102-6. - Owner registration fee.

The registration fee for each registered building shall be $250.00 (the "base registration fee"). The renewal fee for each registered building shall be $500.00. All fees and fines laid out in this section are in addition to any fees and fines in other sections of the Cook County Building and Zoning Ordinance. The base registration fee set forth above in this section shall be doubled if the applicable initial registration takes place not through voluntary and timely compliance, but as the result of an enforcing authority's identification of a violation of this ordinance. Such doubled fee shall not be subject to reduction, during the relevant period, for having registered or renewed following the issuance of a citation for failure to register or renew.

***

Sec. 102-19. - Vacant buildings-Mortgagee required to act-Enforcement authority.

(a)                     The mortgagee of any residential building that has become vacant and which is not registered pursuant to this section or Section 102-5 of this Code shall, within the later of 30 days after the building becomes vacant and unregistered or 60 days after a default, file a registration statement with the Department of Building and Zoning on forms provided by that department for such purposes and pay a registration fee of $250.00. The mortgagee shall be required to renew the registration every year as long as the building remains vacant. There shall be no fee The fee for such renewal shall be $500.00. The mortgagee shall notify the Department of Building and Zoning within 20 days of any change in the registration information by filing an amended registration statement on a form provided by the Department of Building and Zoning for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted under this section against the mortgagee with respect to the registered building. The base registration fee set forth above in this section shall be doubled if the applicable initial registration takes place not through voluntary and timely compliance, but as the result of an enforcing authority's identification of a violation of this ordinance. Such doubled fee shall not be subject to reduction, during the relevant period, for having registered or renewed following the issuance of a citation for failure to register or renew.

***

BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that Chapter 102 Building and Building Regulations, Article III - Building Code, Section 102-105 is hereby amended to read as follows:

 

Sec. 102-105. - Administration and enforcement.

 

***

 

(3)                        Permits, Certificates and Plans.

 

1.                     Building Permits.

***

 

p.                     Expiration of Permit. If, after a building permit or other required permit or other have required permit, shall been granted the operations called for by such permit are not begun within 12 months after the date thereof, such permit shall be void and no operations thereunder shall be begun If work authorized by a permit is not completed within twelve (12) months of its issuance, such permit shall become invalid until an extended permit shall has been taken out by the Owner or his agent at a fee of 10% of the original permit cost or $25, whichever is greater. An extended permit shall be valid for six months following the date of expiration of the original permit and must be applied for within ten days after the expiration of the original permit. Unless otherwise determined by the Building Commissioner, Oone extension only shall be granted, and if work is has not begun been completed within 18 months after the date of issuance of the original permit, all rights under the permit shall thereupon terminate. Where, under authority of a permit or extended permit, work has begun and has been abandoned for a continuous or cumulative period of 12 months, all rights under such permit shall thereupon terminate.

 

***

 

(4)                      Enforcement.

***

 

3.                      Methods of Enforcement. 

 

a.                     Registration for Building Work.  

 

***

 

(5)                     If any person, firm or corporation registered as provided by this section, shall fail in the execution of any work or fail to comply with the provisions of this Ordinance relative to the erection, enlargement, alteration, repair, relocation, or demolition of any building, or part thereof, at least three times within two calendar years, the Building Commissioner, after notice to such person, firm or corporation that he, she, or it has three such failures or violations, shall remove or strike such persons', firm's, or corporation's name from the registration book. For persons, firms, or corporations that have one such failure or violation, the Building Commissioner shall request the State's Attorney to bring suit and to prosecute such person, firm or corporation for such failure or violation, and in the case of a finding of guilty, his name shall be removed or stricken from the registration book. In either case, such persons', firm's, or corporation's name shall not be re-entered or reinstated during such time as the failure or violation exists or any judgment remains unsatisfied with regard to said finding, or until the Building Commissioner determines that such person, firm, or corporation should be re-entered or reinstated.

(6)                     Any person, firm, or corporation that shall have been found guilty under the preceding Section may have his name re-entered on the registration book upon filing with the Building Commissioner a certificate signed by the State's Attorney, the Building Commissioner and the Health Officer to the effect that all violations of the Code with reference to which the finding of guilty was secured have been corrected or are nonexistent and that all claims and judgments arising from such convictions have been paid.

(5)                     (i)                     It shall be a violation for any person, firm or corporation registered, as proved by subsection 102-105(4)3.a.(1) to:

 

(a)                     Perform or direct the performance of any work, requiring the issuance of a permit under this Code, without the issuance of a permit; or

 

(b)                     Perform or direct work deviating from the drawings, plans or scope of any work done under the authority of a permit issued pursuant to this Code where said deviation would require prior written approval or the issuance of a new permit; or

 

(c)                     Perform or direct work in violation of a stop work order; or

 

(d)                     Perform or direct work that results in the issuance of a stop work order; or

 

(e)                     Upon completion of work requiring a rough or final inspection or certification, fail to contact the Building Department to schedule a required inspection; or

 

(f)                     Upon completion of work requiring a Certificate of Compliance, failed to contact the Building Department to obtain a required Certificate of Compliance; or

 

(g)                     Utilize or direct any person of a building or construction trade or craft who is not registered by Cook County to perform work that is required to be performed by a person registered by Cook County; or

 

(h)                     When a permit requires the listing of the name or identification number of a person required to be registered by Cook County to perform the work, utilized or directed any person of a building or construction trade or craft to perform work other than the person or entity whose name or identification number is listed on the permit; or

 

(i)                     List or allow the listing or use of one’s registration name or identification number on a permit application or a permit when that work is performed by another person; or

 

(j)                     Make a false statement on a permit application or aided and abetted another person in making a false statement on a permit application; or

 

(k)                     Perform or direct work contrary to this Code or failed to perform work required by this Code, and such action resulted in a substantial defect, error or deficiency requiring a re-inspection or re-review by the Building Department; or

 

(l)                     Fail to correct any substantial defect, error or deficiency as direct by the Building Department; or

 

(m)                     Perform or direct work that poses an immediate or imminent threat to the health and safety of workers or the public; or

 

(n)                     Conduct any fraud, misrepresentation or false statement contained in the application for such registration or permit application.  

 

(ii)                     Any person, firm or corporation found to be in violation of a first offense of this subsection shall be punished by a fine of not less than $500.00 nor more than $1,000.00. Any person, firm or corporation found to be in violation of a second offense of this subsection, occurring within two (2) years of the first offense, shall be punished by a fine of not less than $1,000.00 nor more than $2,000.00. Any person, firm or corporation found to be in violation of a third offense of this subsection, occurring within two (2) years of the first offense, shall be punished by a fine of not less than $2,000.00 nor more than $3,000.00. Each day that a violation continues shall constitute a separate and distinct offense. For purposes of this subsection, multiple violations occurring on the same date shall be deemed a single violation.

 

(iii)                     If any person, firm or corporation required to be registered, as proved by subsection 102-105(4)3.a.(1), is found to be in violation of this subsection, as determined by a court or administrative tribunal of competent jurisdiction, the Building Commissioner shall have the power to suspend their registration, after giving notice of such, for up to one (1) year. Reinstatement of a suspended registration shall be automatic, provided that all fines and fees due and owing to the County have been paid in full, in addition to an administrative fee of $50.00. 

 

(iv)                     The notice of suspension shall include:

 

(a)                     A general statement attesting to the basis for the suspension;

(b)                     The duration of the suspension period, not to exceed one (1) year;

(c)                     The beginning and end date of the suspension period;

(d)                     A statement informing the registrant of their right to petition the Building Commissioner requesting the reconsideration of their suspension and the reinstatement of their registration privileges. The petition shall include proof that any issue of noncompliance has been abated or corrected and that all related penalties and fees have been paid. In addition to any other penalties and fees, a fee of $150.00 shall be paid to the County for every inspection or review conducted by the Building Department to verify compliance. Furthermore, a fee of $50.00 shall be paid to the County for reinstatement of any registration. The petition must be served on the Building Commissioner within fourteen (14) days of the notice of suspension; and

(e)                     The process by which the person, firm or corporation may reinstatement their registration at the end of the suspension period

(6)                     If any person, firm or corporation required to be registered, as proved by subsection 102-105(4)3.a.(1), is found to be in violation of this subsection, as determined by a court or administrative tribunal of competent jurisdiction, at least three (3) times within two (2) calendar years, the Building Commissioner shall have the power to revoke their registration after giving notice of such. Reinstatement of a revoked registration shall require a petition demonstrating rehabilitation to the satisfaction of the Building Commissioner.

 

(i)                     The notice of revocation shall include:

 

(a)                     A general statement attesting to the basis for revocation;

 

(b)                     A statement informing the registrant of their right to petition the Building Commissioner requesting the reconsideration of the revocation and the reinstatement of their registration privileges. The petition must be served on the Building Commissioner within fourteen (14) days of the notice of revocation; and

(c)                     The process by which the person, firm or corporation may request the reinstatement of their revoked registration. Prior to the reinstatement of a revoked registration, in addition to any other penalties and fees, a fee of $150.00 shall be paid to the County for every inspection or reviewed conducted by the Building Department to verify compliance. Furthermore, a fee of $50.00 shall be paid to the County for reinstatement of a revoke registration.

(ii)                     The Building Commissioner reserves the right to revoke a registration at any time where any person, firm or corporation is found to be in violation of this subsection, as determined by a court or administrative tribunal of competent jurisdiction, where the basis for the violation:

 

(a)                     Resulted in great bodily harm or the loss of life to any natural person; or

 

(b)                     Resulted in the damage or loss of property in an aggregated amount of one-hundred thousand dollars ($100,000) or more; or

 

(c)                     Was the result of or resulted in a conviction or finding of liability, as determined by a court or administrative tribunal of competent jurisdiction, for an act or underlying act: (i) related to bribery or attempted bribery of a government official or government vendor; or (ii) related to fraud or theft or attempted fraud or theft involving a government project, government program, government procurement or government contract, than no reinstatement shall be allowed unless the conviction or finding of liability is reversed or vacated. No petition shall be considered and no reinstatement shall be allowed less than one year or more than five (5) years after the revocation of the license. Only one such petition for reinstatement may be filed or considered per violation.

 

(iii)                     If the Building Commissioner suspends or revokes any person’s, firm’s or corporation’s registration under this subsection, the Building Commissioner may process an application for or revision to a permit if the permit is for work that would correct the basis for the suspension or revocation.

 

(iv)                     Any suspension or revocation of a registration shall also apply to any subsequent company that has a twenty (20) percent or more common identity/ownership interest with the suspended or revoked registration.

 

***

 

BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners that Chapter 114 Signs, Article II - Billboards and Off-Premises Outdoor Advertising Signs, Section 114-32 is hereby amended to read as follows:

 

Sec. 114-32. - Sign permits.

***

 

(c)                     Fees. In addition to the application fee required to obtain a sign permit, an annual registration renewal fee of $600.00 as set forth in Section 32-1 shall be required to maintain the permit.

 

 

***

 

Effective date:  This ordinance shall be in effect immediately upon adoption

 

Click for full text of Ordinance amendment: <https://tinyurl.com/y3375zw4>

 

end