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CERTIFICATES OF COMPLIANCE AND CERTIFICATES OF OCCUPANCY


The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building commissioner  means the duly appointed town building commissioner or his duly appointed agents or assistants. 
Real property  means all improved real estate located within the corporate boundaries of the town. 
Transfer  means mean any conveyance of real property, whether by deed, articles of agreement for deed, or assignment of the beneficial interest under a land trust; any transaction in which real property is used as collateral for a loan; and any transaction in which a present beneficiary is added to a land trust. However, a conveyance of real property in which there is no additional party acquiring an ownership interest or a present beneficial interest in the conveyed real property does not constitute a transfer as defined within this subsection. 
(Code 1958, § 19-89(c)(1), (2), (4); Ord. No. 105-89, § 1(A), 11-6-1989; Ord. No. 53-91, § 1, 10-15-1991; Ord. No. 6-92, § 1, 2-3-1992; Ord. No. 49-93, 6-15-1993; Ord. No. 11-96, § 1, 2-5-1996)
Cross references:   Definitions generally, § 1-2. 


(a)   This article shall apply to all improved residential, commercial and industrial properties located within the corporate boundaries of the town as described in subsection (b) of this section.
(b)   This article shall apply to all properties located within the territorial boundaries of the town, legally described as follows:
All real property located within the territorial boundaries of the town, beginning at the southeast corner of 12th Street (Roosevelt Road) and 62nd Avenue (Lombard Avenue), thence south along the east edge of 62nd Avenue (Lombard Avenue) to the southeast corner of 39th Street (Pershing Road), thence east along the north edge of 39th Street (Pershing Road) and 52nd Avenue (Laramie Avenue), thence north along the west edge of 52nd Avenue (Laramie Avenue) to the southwest corner of 35th Street and 52nd Avenue (Laramie Avenue), thence east along the north property line of the Hawthorne Race Track to the east edge of Cicero Avenue, thence south along the east edge of 48th Court (Cicero Avenue) to the northeast corner of 39th Street (Pershing Road), and 48th Avenue (Cicero Avenue), thence east to the west property line of the Belt Line Railway, thence north along the west property line of the Belt Line Railway to a point where the west edge of the Belt Line Railway right-of-way meets the south edge of 12th Street (Roosevelt Road), thence west along 12th Street (Roosevelt Road) to the point of beginning; all located in township 39 north, range 13 east of the third principal meridian in the county.
(c)   Subsection (a) of this section shall not apply to transfers of title made with tax deeds, sheriff's deeds, or other transfers made pursuant to orders issued by local, county, state or federal courts nor shall subsection (a) of this section apply to transfers involving only vacant land.
(Code 1958, §§ 19-89(a), (b), 19-93; Ord. No. 105-89, § 1(A), 11-6-1989; Ord. No. 105-89, § 1(E), 11-6-1989; Ord. No. 53-91, § 1, 10-15-1991; Ord. No. 6-92, § 1, 2-3-1992; Ord. No. 49-93, 6-15-1993; Ord. No. 11-96, § 1, 2-5-1996)


(a)   Any person who wilfully violates this article shall, upon conviction, be fined not less than $25.00 and not more than $750.00 for each offense. Violation of any of the terms of this article shall be deemed a continuing violation, subject to the penalties provided for in this section.
(b)   In addition to the penalties in subsection (a) of this section, the town may also maintain a civil action against the violator to compel compliance with this Code and the state statutes.
(c)   Any person who violates section 22-284 or 22-285 by knowingly submitting false information in support of a permit application shall be fined not less than $250.00 or more than $1,000.00.
(Code 1958, § 19-92; Ord. No. 105-89, § 1(D), 11-6-1989; Ord. No. 107-96, § 1, 7-23-1996)


(a)   Inspections; issuance of certificate.  Any person transferring real property within the corporate boundaries shall be required to apply to the building commissioner for an inspection of the real property being sold. Upon receipt of the application for such inspection and payment of the inspection fee, as provided in section 22-286, the building commissioner shall cause such property to be inspected. If the property inspected is found to be in full compliance with the town's minimum housing code, building code, electrical code, plumbing code, zoning codes, fire prevention code, mechanical code and existing structures code, the building commissioner may then issue a certificate stating that the property is in compliance with such codes. 
(b)   Violations.  If violations of codes stated in subsection (a) of this section are found to exist, the person in title, beneficiary of the land trust or purchaser of the property may be required to submit an affidavit duly sworn before a notary public that he is aware of such violations and is willing to make the necessary repairs or take the necessary corrective measures within a time period designated by the building commissioner. At the discretion of the building commissioner the person undertaking the repairs may also be required to place a sum in escrow to cover the costs of the repairs. If the required corrections are not made within the time specified by the building commissioner, the town may exercise any and all legal or equitable remedies available to it, including but not limited to filing a suit against all parties in interest for the purpose of compelling full compliance with the applicable sections of this Code. If violations are discovered that, in the opinion of the building commissioner, render the subject property unsafe for habitation, the building commissioner may order that the property not be occupied until all corrections necessary to render the subject property safely habitable are made. Upon correction of all violations specified by the building commissioner, the building commissioner may then issue a certificate of compliance. 
(c)   Form of application.  The building commissioner shall supply application forms, which forms shall specify the address of the real property being transferred; the improvements located thereon; the type of construction of such improvements including the number of apartments contained therein; the name, address and telephone number of the seller; the name, address and telephone number of the purchaser; and the name, address and telephone number of the real estate office, if any, involved in the transaction. The application shall also specify, in transfers involving residential property, the maximum occupancy for the property established by section 46-476 and as set forth by the inspector designated by the building commissioner and the number and age of all occupants. If such property is commercial or industrial property, the number of square feet of occupiable space shall also be specified. Such application shall also set forth the fee as required by this article. Such application shall be executed by all parties to the contract of sale. However, if such application is made prior to entering into a contract of sale, such application may be executed by the party in title alone, provided that upon execution of the contract of sale the purchaser shall be required to execute a supplementary application to be made part of the original application. 
(d)   Time for filing application.  The application for inspection as provided for in subsection (c) of this section shall be filed no less than 15 days prior to the proposed transfer of the real property. If the application and required fees are not filed and paid as provided in this article, the parties to the contract shall be subject to penalties provided in this article. 
(e)   Transferability.  The certificate of compliance referred to in this section shall not be transferable following issuance. All subsequent transfers of title of the property shall require the issuance of a new certificate of compliance in accordance with the provisions of this section. 
(f)   Proof of final water bill payment.  The building commissioner shall not issue a certificate of compliance without receiving proof that the final water bill for the real property being transferred has been paid in full. 
(Code 1958, § 19-89(d)--(h); Ord. No. 105-89, § 1(A), 11-6-1989; Ord. No. 53-91, § 1, 10-15-1991; Ord. No. 6-92, § 1, 2-3-1992; Ord. No. 49-93, 6-15-1993; Ord. No. 11-96, § 1, 2-5-1996; Ord. No. 80-01, 5-22-2001)


No newly constructed or newly altered building shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building commissioner, stating that the building and premises comply with all the town's minimum housing, building, electrical, plumbing, zoning, fire prevention, mechanical and existing structures codes and other town ordinances and with this article and chapters 38 and 46 and amendments duly enacted. No change of use shall be made in any premises or building or part thereof erected or altered that is not consistent with this article and chapters 38, 46, and no change shall be made in the use of a building or premises without a permit having first been issued by the building commissioner, and no permit shall be issued to make such a change unless it is in conformity with chapters 38 and 46 and amendments thereto duly enacted. Certificates for occupancy and compliance shall be applied for at the same time with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed. A record of all certificates shall be kept on file in the office of the building commissioner, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the town relating to the use or occupation of the premises or any other matter covered by this article, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. No temporary certificate shall be issued if prior to its completion the building fails to conform to the building code or this article and chapters 38 and 46 to such a degree as to render it unsafe for the occupancy proposed. A fee for each certificate of occupancy shall be the same as charged for a certificate of compliance as specified in section 22-286.
(Code 1958, § 19-90; Ord. No. 105-89, § 1(B), 11-6-1989)


Fees for inspections and occupancy permits shall be as follows:
(1)   Residential property:   
Single-family homes . . . $50.00
Two-family dwellings . . . 70.00
For each additional apartment, add . . . 20.00
Accessory structures . . . 35.00
(2)   Commercial and industrial property:   
For property up to an including 5,000 square feet . . . 100.00
For each additional square foot over 5,000 add . . . 0.01
(Code 1958, § 19-91; Ord. No. 105-89, § 1(C), 11-6-1989; Ord. No. 50-93, § 1, 6-15-1993; Ord. No. 87-01, 6-12-2001)

Sec. 22-286.  Fee for inspections and occupancy permits.Sec. 22-285.  Certificates of occupancy for new or altered construction.Sec. 22-284.  Certificates of compliance.Sec. 22-283.  Penalties for violation.Sec. 22-282.  Application of article; exemption.Sec. 22-281.  Definitions.

ARTICLE I.  IN GENERAL BIULDING REGULATIONS BIULDING CODE


There is adopted by the town the BOCA National Building Code, 1996 edition, published by the Building Officials & Code Administrators International, Inc., together with all amendments thereto except such portions as are in this chapter amended or in conflict with this Code of Ordinances, of which building code not less than three copies are filed in the office of the town clerk. Such code is adopted and incorporated as fully as if set out at length in this section, and the provisions thereof shall be controlling within the town limits.


There is adopted by the town the City of Chicago Electrical Code, current edition, together with all amendments thereto except such portions as are in this chapter amended or in conflict with this Code of Ordinances, of which electrical code not less than three copies are filed in the office of the town clerk. Such code is adopted and incorporated as fully as if set out at length in this section, and the provisions thereof shall be controlling within the town limits.
(Code 1958, § 26-1; Ord. No. 9-87, § 1, 3-24-1987)


A fee for each plan examination, building permit and inspection shall be paid in accordance with the following schedule:
(1)   Residential structures.  The building permit and inspection fee for residential structures shall be 1.5 percent of the cost of construction, but shall not be less than the minimum fees set forth in this section. The applicant shall submit to the building commissioner a notarized affidavit attesting to the cost of construction and a copy of any contract for the work to be performed at the time the application for a building permit is filed. 
(2)   Commercial structures.  The building permit and inspection fee for commercial structures shall be one percent of the cost of construction, but shall not be less than the minimum fees set forth in this section. Structures having both commercial and residential uses shall be charged at the rate set forth for commercial structures. The applicant shall submit to the building commissioner a notarized affidavit attesting to the cost of construction and a copy of any contract for the work to be performed at the time the application for a building permit is filed. 
(3)   Minimum fees.  Minimum fees shall be as follows: 
a.   Air conditioning work . . . $ 50.00
b.   Antenna installation (antennas greater than 12 feet in height) . . . 50.00
c.   Asphalt work . . . 50.00
d.   Carpentry . . . 50.00
e.   Cement work . . . 50.00
f.   Demolition and wrecking . . . 150.00
g.   Drywall installation . . . 50.00
h.   Electrical work . . . 50.00
i.   Fencing . . . 50.00
j.   Garage door (overhead) installation . . . 50.00
k.   Glazing . . . 50.00
l.   Gutter hanging . . . 50.00
m.   Heating work . . . 50.00
n.   Masonry . . . 50.00
o.   Plastering and lathing . . . 50.00
p.   Plumbing . . . 50.00
q.   Refrigeration installation . . . 50.00
r.   Roofing . . . 50.00
s.   Siding . . . 50.00
t.   Steel work, including lintels . . . 50.00
u.   Windows, storm . . . 25.00
(4)   Plan examination fees.  For purposes of determining the applicable plan examination fee, the term "residential structure" shall include one-family dwellings and two-family dwellings. The term "commercial structure" shall include any structure having a commercial use, and multiple-family dwellings. Plan examination fees shall be as follows: 
a.   Residential structures.  The plan examination fee for new construction residential structures shall be as follows: 
1.   For dwellings up to 3,000 square feet . . . $450.00
per unit
(including
basement)
2.   For dwellings up to 3,000 square feet . . . 525.00
per unit
(including
basement
and zoning)
3.   For dwellings over 3,000 square feet . . . an
additional
$.15 per
square foot
(including
basement)
4.   For dwellings over 3,000 square feet . . . an
additional
$.155 per
square foot
(including
basement
and zoning)
b.   Residential structures.  The plan examination fee for proposed changes to existing residential structures, including additions shall be a minimum of $100.00 plus $.20 for each square foot over 1,000 square feet. 
c.   Commercial structures.  The plan examination fee for a commercial structure, including building, plumbing, mechanical and electrical review shall be: 
1.   For buildings up to 60,000 cubic feet . . . $695.50
2.   For buildings from 60,001 to 80,000 cubic feet . . . 856.00
3.   For buildings from 80,001 to 100,000 cubic feet . . . 1,091.41
4.   For buildings from 100,001 to 150,000 cubic feet . . . 1,251.90
5.   For buildings from 150,001 to 200,000 cubic feet . . . 1,423.10
6.   For buildings over 200,000 cubic feet . . . 1,676.00
plus $16.00
per each additional
10,000
square feet
(5)   Sprinkler review fees.  The plan review fees for fire suppression systems, including fire pumps, hose stations and standpipes are listed below. 
a.   Hydraulically calculated systems.  The fees hydraulically calculated systems shall be as follows: 
1.   Up to 100 sprinklers . . . $392.34
2.   101 to 200 sprinklers . . . 494.34
3.   201 to 300 sprinklers . . . 601.34
4.   301 to 500 sprinklers . . . 708.34
5.   Over 500 sprinklers . . . 815.34
plus $1.00
per each
sprinkler
b.   Alternate fire protection systems.  The fees for alternate fire protection systems shall be as follows: 
1.   Carbon dioxide, clean agent systems . . . $112.35
plus $.80
for each
pound over
2.   Fire detection and alarm system . . . 149.80
for 15,000
square feet,
plus an
additional
prorated fee
for additional
square
footage
3.   Dry chemical . . . 328.00
plus
alarm fees
(6)   Electrical review.  Unless a different amount is specified above, or the plan is reviewed under a prior heading, there fee for all electrical plan reviews shall be: $100.00. 
(7)   Fire prevention review.  Unless a different amount is specified above, the fee for any plan review by fire prevention: $100.00. 
(Ord. of 8-12-1948, §§ 79A, 79B; Code 1958, § 28-47; Ord. No. 81-04, § 1, 4-13-2004)


When a homeowner is performing work by himself, he is not required to obtain building permits for the following work:
(1)   Painting of house and garage, both the inside and the outside;
(2)   Replacing a broken pane of glass in a window or a door;
(3)   Installing rugs or carpeting;
(4)   Sanding and finishing floors;
(5)   Landscaping, including planting sod, grass, flowers, trees, shrubs, and installing an automatic sprinkler system;
(6)   Installing wood floors, linoleum tile or ceramic tile flooring;
(7)   Replacing existing plumbing, such as faucets and sinks;
(8)   Repairing existing plumbing, such as faucets, sinks, tubs, toilets, and shower stalls;
(9)   Installing shutoff valves;
(10)   Repairing or replacing existing bathroom vanities and/or countertops;
(11)   Replacing doors, including storm doors, screen doors, or overhead garage doors in existing openings;
(12)   Minor patching of cement, including in sidewalks or stairways;
(13)   Tuckpointing;
(14)   Fixing, repairing, or replacing gutters on a house or garage;
(15)   Repairing drywall, plaster, or paneling on interior walls orceilings;
(16)   Installing a new hot water heater;
(17)   Installing new awnings or canopies; however, the homeowner doing the work must submit a plan as to the size and design of the awning or canopy in order to ensure compliance with all other ordinances;
(18)   Minor repairs of wooden porches, balconies, stairs, and steps;
(19)   Minor repairs to fences;
(20)   Changing, replacing, or repairing electric light switches, receptacles, or ceiling fans in existing hard wired, hand mounted boxes in single-family dwellings only;
(21)   Installing GFI's in existing hard wired, hand mounted boxes, in single-family dwellings only;
(22)   Replacing existing roof vent units; and
(23)   Installing gas stove, dryer, or range to existing gas line.
(Ord. No. 80-04, § 1, 4-13-2004)


Homeowners are required to obtain building permits for the following work, whether or not they are performing that work themselves:
(1)   Replacing existing plumbing, such as tubs, toilets, and shower stalls;
(2)   Any roof work other than replacing or repairing loose or missing shingles;
(3)   Replacing kitchen cabinets or countertops;
(4)   Replacing windows;
(5)   Replacing door and frame combinations in existing openings;
(6)   Replacing any door or window unit in any opening which must be altered;
(7)   All concrete work including, but not limited to, sidewalks, stairs, patios, or garage aprons;
(8)   Installing all or any new plumbing faucets, tubs, sinks, shower stalls, or toilets in any nonexisting area;
(9)   Installing all or any new bathroom vanities or countertops, kitchen cabinets or countertops in any non-existing area;
(10)   Any and all major remodeling;
(11)   Any and all electrical work requiring new electric lines or circuits, to be installed by a contractor licensed and bonded to work in the town;
(12)   Installing a new shingle roof or performing any work on a flat roof, including but not limited to hot tar or rubber membrane, must be installed or performed by a contractor licensed and bonded to work in the town;
(13)   Any and all fences;
(14)   Demolition;
(15)   Chimney work;
(16)   Swimming pools;
(17)   Any and all decks;
(18)   Any and all patios;
(19)   Replacing soffits, facias, siding, and roofing;
(20)   Installing new furnace or central air conditioning, which must be installed by a contractor licensed and bonded to work in the town;
(21)   Reconverting illegal rooms or apartments;
(22)   Flood control systems, which must be installed by a contractor licensed and bonded to work in the town;
(23)   Generators with converters or with natural gas lines;
(24)   Fireplaces, skylights, or hot tubs, which must be installed by a contractor licensed and bonded to work in the town;
(25)   Attic fans; and
(26)   Inside backwater valve for flood control, the town's water department must be contacted for a follow-up inspection.
(Ord. No. 80-04, § 1, 4-13-2004)


(a)   Every homeowner is allowed up to $700.00 as a per year allowance for repairs or work that the homeowner is performing himself, up to which a building permit shall be given free of charge. The homeowner is still required to apply for a building permit even if he has not exceeded the $700.00 allowance. The $700.00 allowance does not include work to be performed by contractors.
(b)   No permit fees shall be charged for installation of lifts for persons with disabilities. The contractor installing the lift for the disabled is required to apply for all necessary permits and submit to all necessary inspections; however, there will be no fee imposed for either the permit allowing the installation of such lift or for the inspection of the lift.
(Ord. No. 170-00, 6-27-2000; Ord. No. 179-00, 7-25-2000; Ord. No. 206-03, § 2, 10-14-2003)


Nothing in this Code or the ordinance adopting this Code shall affect any ordinance pertaining to building, electrical, plumbing, mechanical and other building regulations, and all such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code.


Once the town or one of its representatives has filed a complaint seeking to acquire a property through its' owners of eminent domain, the building department shall not issue any building permits to the owner of the property or to the owner's representative.
(Ord. No. 205-03, § 2, 10-14-2003)


(a)   Homeowners.  Except where another fine is specified, any home owner who violates a provision of this article shall face a minimum fine of $50.00 and a maximum fine of $250.00. 
(b)   Contractors.  Except where another fine is specified, any contractor who violates a provision of this article shall face a minimum fine of $200.00 and a maximum fine of $750.00. 
(c)   Where a homeowner applies for and receives a permit, but a contractor performs the work authorized by the permit there shall be a minimum fine of $250.00 and a maximum fine of $1,000.00.
(Ord. No. 50-04, § 2, 3-4-2004)


No person shall construct, erect or attach any security gate or burglar bars or other similarly designed device on any property within the town without first obtaining a permit therefore. Permits shall only be issued to maintain, construct, erect or attach any security gate or burglar bars or other similar device on any building, except where such gates, bars or similar devices are to be constructed, erected or attached on the interior of any doors, windows or entry way and can be opened by persons inside the building by applying pressure to the bars. Bars or gates that must be unlocked from the inside are not permitted.
Any security gates or bars erected in violation of this section must be removed. In addition to removal, there shall be a minimum fine of $250.00 and a maximum fine of $750.00 for violations of this section.
(Ord. No. 60-04, § 2, 3-9-2004)
Editor's note:  Ord. No. 60-04, § 2, adopted Mar. 9, 2004, set out provisions for use as § 22-9. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been redesignated and included as § 22-10. 


The following specifications must be met in order to pave surfaces on private property. For walkways, including front walks and side yard service walks, which must be constructed of concrete and for concrete patios there must be four inches of CA6 gravel, as a subbase and then four inches of concrete. For any surface to be used for the storage of automobiles or other vehicles, including but not limited to garage aprons, driveways, garage slabs and parking pads, there must be four inches of CA6 gravel, and five inches of concrete which must be reinforced with either wire mesh or steel rebar.
(Ord. No. 104-04, § 2, 5-11-2004)


(a)   Position created.  There is created the position of the plan review specialist. The plan review specialist shall review all plans submitted to the town to ensure all proposed construction projects comply with all applicable provisions of the Town Code, approving all plans that comply with the Town Code and rejecting all plans that do not comply with the Town Code and inform the building commissioner of all such findings made with respect to the plans submitted to the town. 
(b)   Qualifications/appointment.  The president directed a nationwide search for a person meeting the qualifications set forth on Exhibit A, which can be found in the office of the town clerk, to staff the position (the "search"). The president and his designees successfully completed the search and have found qualified candidates to staff the position. The town board hereby authorizes and directs the president and the attorney to draft, edit, enter into and approve any necessary employment agreements for the retention of the aforementioned position (the "agreements"), to be ratified before the town board by resolution within 30 days after execution thereof. The clerk in the interim is hereby authorized and direct to attest to and countersign the agreement and any such other documentation as may be necessary to carry out and effectuate the purpose of this resolution. The town clerk is also authorized and directed in the interim to affix the seal of the town to such documents as is deemed necessary. 
(Ord. No. 200-05, § 3, 12-20-2005)
Cross references:  Code enforcement department, Ch. 2, Art. IV, Div. 4. 

Sec. 22-12.  Plan review specialist.Sec. 22-11.  Paved surfaces on private property.Sec. 22-10.  Security bars.Sec. 22-9.  Violations.Sec. 22-8.  Restriction on issuance of permits.Sec. 22-7.  Building ordinances not affected by Code.Sec. 22-6.  No fee required for certain building permits.Sec. 22-5.  Permits required.Sec. 22-4.  Building permits not required.Sec. 22-3.  Permit fees.Sec. 22-2.  Electrical code.Sec. 22-1.  Building code.

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