Chapter 2-28 PLANNING DEPARTMENT

A. There is established an executive department of the municipal government of the city which shall be known as the planning department. The department shall embrace the planning director, the building inspectors, the electrical inspector, the plumbing inspector, the city engineer, the health inspector, the code hearing division and such other employees as may be provided for in the annual appropriation ordinance.

B. All officers and employees of said department shall be under the direction and supervision of the planning director and shall perform such duties as may be required of them by the director or by the provisions of this code. (Ord. 2910 § 1 (part), 1995)

2-28-020 Office of planning director—Powers and duties.

There is created the office of planning director, who shall be appointed by the mayor with the advice and consent of the city council. The planning director shall have general supervisory authority over the planning department. In addition to general supervisory duties, the planning director shall have the following duties and responsibilities:

A. To prepare and recommend to the plan commission and city council for their review and adoption a comprehensive plan or amendments to an existing plan, for the present and future development or redevelopment of the city. Such plan may be prepared in whole or in separate geographic parts;

B. To recommend changes from time to time in the official comprehensive plan;

C. To prepare and recommend to the city council, from time to time, plans for specific improvements in pursuance of the official comprehensive plan;

D. To give aid to the municipal official charged with the direction of projects for improvements embraced within the official plan, to further the making of these projects and generally to promote the realization of the official comprehensive plan;

E. To establish close working relationships with the administrative officers of other local governmental jurisdictions so that plans of all agencies for the development or redevelopment of the community will be coordinated;

F. To assist other executive departments of the city in the development of specific plans and programs of capital improvements to ensure that such plans and programs of capital improvements will be integrated into the comprehensive plan and coordinated with other specific projects intended to implement the comprehensive plan in whole or in part;

G. To coordinate and assemble for information and study plans and proposals of other departments and present them to the plan commission for their review;

H. To prepare and annually revise a long range capital improvement program for review by the plan commission and review and adoption by the council as part of the annual budget of the city;

I. To undertake research studies necessary to the preparation, modification and implementation of the comprehensive plan or part thereof;

J. To serve as a liaison between the city administration and plan commission, and professional consultants retained by the city to undertake general or specific studies related to the preparation, modification or implementation of the comprehensive plan;

K. To plan, organize and put into effect sound programs of public education concerning the long range development of the community after general review by the city council;

L. To supervise the administration of all federally funded programs, all capital development programs funded through bond issues, and all tax increment financing districts. (Ord. 2910 § 1 (part), 1995)

2-28-030 Building inspectors—Powers and duties.

Building inspectors shall be appointed by the mayor in accordance with the personnel practices of the city. It shall be the duty of the building inspector to inspect all buildings in the course of construction to see that all the provisions of the city code in relation to buildings are enforced. He shall have the power to go into or upon any building in the course of its construction to inspect the same, and any owner, architect, or contractor who is erecting a building shall allow him to see and inspect any and all plans, drawing or specifications of any such buildings. The building inspectors shall have all of the powers described as being assigned to the “code enforcement official” under the BOCA codes. (Ord. 2910 § 1 (part), 1995)

2-28-040 Office of electrical inspector created—Powers and duties.

There is created the office of electrical inspector. He shall be a competent electrician of good moral character, who shall have had at least four years experience as a journeyman in the practice of his trade or one year of training in a recognized college of electrical engineering, and in addition thereto, one year of practical experience in electrical construction, shall be well versed in approved methods of electrical construction for safety to life and property, the statutes of the state of Illinois relating to electrical work the rules and regulations issued by the Fire Marshal of Illinois under the authority of the statutes, the National Electrical Code and other installation and safety rules and standards approved by the American Engineering Standards Committee. The electrical inspector shall be appointed by the mayor with the advice and consent of the city council. He shall be entitled to such fees as are set by ordinance in connection with the inspection of electrical installations within the city, which shall be approved by the city council. (Ord. 2910 § 1 (part), 1995)

2-28-050 Office of plumbing inspector created—Powers and duties.

A. There is created the office of plumbing inspector. Said inspector shall be appointed by the mayor, by and with the advice and consent of the city council. He shall be entitled to receive as compensation for performing his duties as plumbing inspector, fees as are set by city ordinance in connection with the inspection of plumbing installations within the city, which shall be approved by the city council.

B. It shall be the duty of the plumbing inspector to see that the construction, maintenance and control of the plumbing and drainage of all buildings in the city shall conform to and comply with the rules and regulations established by the provisions of this code and the state of Illinois, and to pass upon all plans submitted, to keep a daily record of his work, including all notices and applications received, permits granted, violations of these regulations and all other matters which may pertain thereto. He shall inspect the plumbing of all buildings in the course of erection, undergoing alterations or repair as often as may be necessary, and shall see that all work for plumbing and drainage is done in accordance with the provisions of this code. (Ord. 2910 § 1 (part), 1995)

2-28-060 Office of city engineer created—Powers and duties.

There is created the office of city engineer. The city engineer shall be appointed by the mayor with the advice and consent of the city council. The city engineer shall have such fees as may be provided for in connection with specific projects completed for the city. (Ord. 2910 § 1 (part), 1995)

2-28-070 Office of health inspector created—Powers and duties.

There is created the office of health inspector. The health inspector shall be appointed by the mayor with the advice and consent of the city council. The health inspector shall have general jurisdiction over the enforcement of all health related ordinances of the city and any ordinances pertaining to food handling, preparation or storage. (Ord. 2910 § 1 (part), 1995)

2-28-080 Divisions and services of the department.

The department shall have such other employees as may be provided for by the annual appropriation ordinance. In addition to the specific offices provided for in this chapter, the director of planning with the approval of the mayor, may establish such administrative divisions as may be required for the efficient operation of the department. The department shall also perform such other services as the city council may hereafter describe. (Ord. 2910 § 1 (part), 1995)

2-28-090 Relationship of the department to the planning and zoning commission.

The planning director, and such staff as the director may designate, shall provide such assistance as may be necessary to insure the proper and efficient functioning of the planning and zoning commission. (Ord. 3462 § 4, 2022; Ord. 2910 § 1 (part), 1995)

2-28-110 Department to administer all federally funded or state funded planning grants, tax increment financing districts and capital development projects.

The planning department shall have jurisdiction over the administration of all federally funded or state funded planning grants, tax increment financing districts and capital development projects as outlined in this chapter. The comptroller, the mayor, or any member of the city council shall have the right to inspect records kept in connection with such programs and may request such information as may be necessary to monitor the operation of the program. (Ord. 2910 § 1 (part), 1995)

2-28-120 Adoption of BOCA codes.

The city shall adopt such versions of the BOCA codes as may be appropriate and the version or versions used by the city shall be identified in this code and incorporated by reference as if fully set forth, with such amendments as the city council deems appropriate. The city clerk shall maintain no less than three copies of any codes adopted by the city in the office of the city clerk for inspection by the public. Copies of the code shall also be maintained in the fire department, the planning department, and the corporation counsel’s office. (Ord. 2910 § 1 (part), 1995)

Article II. Planning Functions of the Department

2-28-130 Funds for planning.

The city may appropriate from any funds under its control and not otherwise appropriated, such sums as the corporate authorities may deem proper for the operation of the department, plan commission, special programs, redevelopment and renewal of the city. The city may accept, receive and expend funds, grants and services from the federal government or its agencies or from the state or its agencies, from the Northeastern Illinois Metropolitan Area Planning Commission or from private persons or corporations or foundations for planning purposes generally or for planning specific projects. (Ord. 2910 § 1 (part), 1995)

2-28-140 Comprehensive plan—Public hearing.

An official comprehensive plan, or any amendment thereof, shall not be adopted by the city council until notice and opportunity for public hearing have first been afforded in the manner provided in this section.

A. Upon submission of a comprehensive plan by the plan commission and planning department, or a proposed amendment to an existing comprehensive plan, the council shall schedule a public hearing thereon, either before the plan commission or the city council or any committee thereof.

B. Not less than fifteen (15) days prior to the hearing, notice of the proposed hearing, and the time and place thereof, shall be given by publication in a newspaper of general circulation in the city and in the county in which the city is located.

C. All persons desiring to be heard in support or opposition to the comprehensive plan or amendment shall be afforded such opportunity, and may submit their statements orally, in writing, or both.

D. The hearing may be recessed to another date if not concluded, if notice of the time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than five days prior to the recessed hearing. (Ord. 2910 § 1 (part), 1995)

2-28-150 Comprehensive plan—Procedure for adoption.

A. Within ninety (90) days after the conclusion of the hearing, the council, after consideration of the recommendation of the plan commission and the planning department and such information as shall have been derived from the hearing, shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment. If adopted, the council shall enact the ordinance including a map or maps. In adopting the official comprehensive plan, except as herein otherwise provided, the council shall be subject to the same limitations as to subject matter as apply to the plan commission and planning department.

B. If at the expiration of such ninety (90) days, the corporate authorities have taken no formal action, the comprehensive plan or amendment thereto may not be thereafter acted upon by the city council without again complying with the conditions of notice and hearing heretofore provided.

C. The city council may adopt parts of a comprehensive plan recommended by the plan commission and planning department without adopting the entire comprehensive plan as recommended, or may modify or amend portions of a recommended comprehensive plan after referring the same to the plan commission and planning department and may adopt such comprehensive plan, as modified or amended. Such comprehensive plan, when adopted, shall be the official comprehensive plan, or part thereof. No comprehensive plan or amendment thereto shall be adopted that has not been submitted to the plan commission and planning department. (Ord. 2910 § 1 (part), 1995)

2-28-160 Effective date.

The comprehensive plan or amendment shall become effective upon the expiration of ten days after the date of filing notice of the adoption of such comprehensive plan or amendment with the county recorder of deeds. (Ord. 2910 § 1 (part), 1995)

2-28-170 Official map.

A. The official map is described as a document in map form which may be designated by the city council and prepared by the planning department. The official map may identify existing and proposed streets, existing and proposed drainage systems, playgrounds, parks, school sites, building setback lines, quarter section corners, floodplains and any other public improvements scheduled for immediate or imminent construction.

B. The map may consist of the whole area included within the official comprehensive plan or one or more separate geographical or functional parts, and may include all or any part of the contiguous unincorporated area within one and one-half (11/2) miles from the city limits. The map shall be drawn to scale, shall be reasonably accurate and shall show north point, section lines and numbers, and streams. Such official map shall be made a part of the official plan, which shall specifically state standard requirements relating to size of streets, alleys, public ways, parks, playgrounds, school sites, other public grounds and ways for public service facilities; the kind and quantity of materials which shall be used in the construction of streets and alleys; and the kind and quantity of materials for public service facilities as may be consistent with Illinois Commerce Commission standards, and shall contain the standards required for drainage and sanitary sewers and collection and treatment of sewage.

C. The city council may initiate plans and maps by requesting that the planning department prepare an official map and recommend the same, or refer same to the plan commission; or refer amendments or suggested changes to the planning department or the plan commission for their consideration and recommendation. No official map or amendment thereto shall be adopted that has not previously been submitted to the plan commission and the planning department. (Ord. 2910 § 1 (part), 1995)

2-28-180 Public hearing.

The official map, or any amendment thereof, shall not be adopted by the city council until notice and opportunity for public hearing have first been afforded in the same manner as prescribed for the comprehensive plan in this code. (Ord. 2910 § 1 (part), 1995)

2-28-190 Official map adoption.

The procedure for adoption of the official map shall follow the same procedures prescribed for the official comprehensive plan in this code. The official map, or amendments thereto, shall become effective upon the expiration of ten days after the date of filing notice of the adoption of the official map or amendment with the county recorder of deeds. (Ord. 2910 § 1 (part), 1995)

2-28-200 Planning records—Public inspection.

The official comprehensive plan and the ordinances including the official map shall be placed on file with the city clerk and shall be available at all times during business hours for public inspection. Copies of the plan and all ordinances implementing the same, including the official map, shall be made available to all interested parties upon payment of such sum as the city council shall determine to be adequate to reimburse the general fund of the city for the cost of printing and distributing the same. (Ord. 2910 § 1 (part), 1995)

Article III. Building and Construction Related Functions—Code Enforcement

2-28-210 Planning director as building official.

The director of planning shall also be the commissioner of buildings for the city. The director shall have and possess all of the authority designated and delegated to the “building official” referred to under the BOCA codes, as adopted by the city, except that the director shall not have the authority to appoint any employees to the department except with the approval of the mayor. Whenever any other provision of this code refers to the commissioner of buildings or the building commissioner, such reference shall be understood to refer to the planning director. (Ord. 2910 § 1 (part), 1995)

2-28-220 Application for building permits to be made to the planning department—Fees.

A. All applications for building permits, inspections, plans or other items required to be obtained from the city or filed with the city in connection with the construction, reconstruction or demolition of buildings in the city, shall be made to or issued by the planning department on forms approved by the director for that purpose.

B. Fees for services rendered by the department shall be set forth in this code in the appropriate chapter pertaining to Title 15 of this code, buildings and construction, and shall be reviewed from time to time and amended by the city council as may be required. (Ord. 2910 § 1 (part), 1995)

2-28-230 Supervision over building inspectors, electrical inspectors and plumbing inspectors.

The planning director shall have general supervision over all inspectors provided for by this title. (Ord. 2910 § 1 (part), 1995)

2-28-240 Creation of code enforcement task force.

Whenever, in the judgment of the mayor, the interests of the city will be served thereby, the mayor may create and assign an interdepartmental task force to be known as the code enforcement task force, for the purpose of increasing the efficiency of code enforcement activities with respect to existing buildings. The code enforcement task force shall consist of such number of building inspectors, fire prevention officers, sanitation inspectors and representatives of the water department as the mayor may deem necessary to carry out the work of the task force. The code enforcement task force shall be coordinated by the chief administrative officer, who shall report to the mayor on monthly basis on the work accomplished by the task force in connection with code enforcement duties. (Ord. 2910 § 1 (part), 1995)

2-28-250 Creation of code hearing division.

There is created within the planning department a code hearing division. The code hearing division shall consist of such number of hearing officers and staff as may be provided for in the annual appropriation ordinance. Hearing officers of the code hearing division shall be appointed by the mayor. The purpose of the division is to expedite the prosecution and correction of code violations in the manner set forth in the following provisions. (Ord. 2910 § 1 (part), 1995)

2-28-260 Definitions.

For purposes of this article, the following words shall have the following meanings:

“Code” shall mean this code and the provisions incorporated into this code that establish construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures within the city.

“Building inspector” means the building, electrical, plumbing, sanitation and fire prevention inspectors of the city.

“Building owner” means the legal or beneficial owner of a structure.

“Hearing officer” means the officer or agent of the city, other than a building inspector as defined above or law enforcement officer employed by the city, whose duty it is to:

1. Preside at an administrative hearing called to determine whether or not a code violation exists;

2. Hear testimony and accept evidence from the building inspector, the building owner and all interested parties relevant to the existence of a code violation;

3. Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing;

4. Issue and sign a written finding, decision and order stating whether a code violation exists. (Ord. 2910 § 1 (part), 1995)

2-28-270 Code hearing procedures not exclusive.

Nothing in this article precludes the city from using any other methods authorized under this code for the enforcement of provisions pertaining to construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards applicable to structures in the city. (Ord. 2910 § 1 (part), 1995)

2-28-280 Instituting code hearing proceedings.

A. When a building inspector finds a code violation while inspecting a structure, he shall note the violation on a multiple copy violation notice and report form indicating the name and address of the structure owner, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the structure where the violation is observed.

B. The violation report form shall be forwarded by the building inspector to the code hearing division where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than seven business days nor more than twenty-one (21) calendar days after the violation is reported by the building inspector. The code hearing division shall maintain a docket of scheduled hearings which shall be open for public inspection, and copying for a reasonable fee, during normal business hours. One copy of the violation notice and report form shall be maintained in the files of the code hearing division and shall be part of the record of the hearing and one copy shall be returned to the building inspector so that he may prepare evidence to be submitted to the hearing officer on the hearing date. One additional copy shall be returned to the building inspector for service upon the building owner. (Ord. 2910 § 1 (part), 1995)

2-28-290 Notice to building owner.

A. One copy of the violation notice and report form shall be served by the building inspector by first class mail on the building owner, along with a summons commanding the owner to appear at the hearing. The violation notice and report form or the summons shall indicate the applicable sanctions for a proven violation, and that the failure of the owner or the owner’s representative to appear at the hearing may result in a finding that the owner is in default and that the hearing shall proceed in the absence of the owner or the owner’s representative.

B. If the property is one which is required to be registered under this code, mailing the notice of violation and summons to the owner at the address registered with the city shall be compliance with this section. If the property is not required to be registered, service may be made on the owner by mailing the notice of violation to the property address. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than five business days before the scheduled date of the hearing. (Ord. 2910 § 1 (part), 1995)

2-28-300 Subpoenas—Defaults.

At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of the building inspector or the attorney for the municipality, or the owner or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for hearing the owner or his attorney fails to appear, the hearing officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. (Ord. 2910 § 1 (part), 1995)

2-28-310 Continuances—Representation at code hearings.

No continuances shall be authorized by the hearing officer in proceedings under this division except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this division shall not exceed fifteen (15) calendar days. The case for the city may be presented by the building inspector, by any other municipal employee or by an attorney designated by the city. However, in no event shall the case for the city be presented by an employee of the code hearing division. The case for the building owner may be presented by the owner, his attorney, or any other agent or representative. (Ord. 2910 § 1 (part), 1995)

2-28-320 Hearings—Evidence.

All hearings shall be open to the public. The hearing officer shall preside at the hearing, shall administer the oath to all witnesses, shall hear testimony and accept any evidence relevant to the existence or nonexistence of code violations in the building or other structure indicated. All parties shall have the right to present testimony and to cross-examine witnesses at the hearing. Parties and witnesses may be questioned by the hearing officer, if necessary, to insure clarity and completeness of the record. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings under this division. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Official notice may be taken of all matters of which the circuit courts of this state may take judicial notice. The building inspector’s violation notice, signed under oath, shall be prima fade evidence of the existence of the code violations described therein. (Ord. 2910 § 1 (part), 1995)

2-28-330 Record to be maintained of hearings.

A record shall be kept of all hearings under this division. The code hearing division shall be the official custodian of these records. The record of each hearing shall include:

A. A record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;

B. A copy of the violation notice and report form;

C. A copy of the findings, decision and order of the hearing officer. (Ord. 2910 § 1 (part), 1995)

2-28-340 Defenses to code violations.

It shall be a defense to a code violation charged under this division if the owner, his attorney, or any other agent or representative proves to the hearing officer’s satisfaction that:

A. The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

B. The code violation has been caused by the current building occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;

C. An occupant or resident of the dwelling has refused entry to the owner or his agent to all or part of the dwelling for the purpose of correcting the code violation. (Ord. 2910 § 1 (part), 1995)

2-28-350 Eviction—Rights of the occupants.

No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding, including but not limited to, increase of rent, decrease of services and refusal to renew a lease, shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing or has complained of a code violation to the landlord, to a government agency, public official or elected representative, or to a community organization or news medium. Nothing in this section shall be construed to limit any rights or defenses available to tenants or other occupants under other city ordinances or applicable law. (Ord. 2910 § 1 (part), 1995)

2-28-360 Findings, decision, order.

A. At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the hearing officer’s findings of fact, a decision whether or not a code violation exists based upon the findings of fact, and an order, ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved, including the imposition of fines. Payment of any fine or other monetary sanction shall be remitted into the general fund of the city. The order may also include the recovery of the costs of the proceeding from the owner. If the hearing officer finds that a violation has occurred, but that the owner has already begun to correct the violations proved, the hearing officer may schedule a separate hearing on the imposition of the fines or sanctions for a date not later than twenty-one (21) calendar days after the date of his original decision and order in order to determine whether violations have been corrected. This period may be extended upon good cause shown. The hearing officer may also request a reinspection of the building or other structure by a building inspector to verify code compliance and the extent of any repairs.

B. A copy of the findings, decision, and order shall be served on the owner within five days after they are issued; service shall be in the same manner as the report form and summons were served in the proceeding. (Ord. 2910 § 1 (part), 1995)

2-28-370 Costs.

Upon reaching a decision that a violation has occurred, the hearing officer may also assess costs against the building owner in addition to any other penalty provided under this code. Costs shall be assessed in accordance with a schedule approved by the city council. (Ord. 2910 § 1 (part), 1995)

2-28-380 Review under administrative review law.

The findings, decision and order of the hearing officer shall be subject to review in the Circuit Court of Cook County, Illinois in accordance with the administrative review law and all amendments thereto. (Ord. 2910 § 1 (part), 1995)

2-28-390 Judgment on findings, decision, order.

A. Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the administrative review law shall be a debt due and owing the city and, as such may be collected in accordance with applicable law, including procedures authorized under 65 ILCS 5/11-31.1-12.

B. Upon expiration of the period within which judicial review may be sought for a final determination of the code violation, the city representative shall request a certified copy of proceedings from the code hearing division. The city may, at its option, commence a proceeding in the Circuit Court of Cook County for the purposes of obtaining a judgment on the findings, decision and order. The city may, at its option, consolidate multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the city shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification signed by the director of planning or the chief administrative officer of the city that recites facts sufficient to show that the findings, decision and order were issued in accordance with the provisions of this code and pursuant to 65 ILCS 5/11-31.1-1, et seq., as may be hereafter amended. The petition by the city shall include a request for a judgment in favor of the city and against in the owner for the amount stated in the findings, decision and order, plus court costs and interest in the manner provided by law. In the alternative, the city may also seek injunctive relief, where appropriate, to compel compliance with the code and correction of the violations. (Ord. 2910 § 1 (part), 1995)

2-28-400 Sanctions applicable to owner—Property.

A. The order, to correct a code violation and the sanctions imposed by the city under this division as the result of a finding of a code violation shall attach to the property as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this division.

B. The city clerk shall require a certification from the code hearing division, prior to the issuance by the clerk of any transfer tax stamp, that there are no outstanding orders by the code hearing division pertaining to the property for which such a transfer tax stamp is sought. In the event that an order is outstanding, the city clerk shall not issue a transfer tax stamp until all fines, sanctions and costs have been paid and the order of the code hearing division complied with. (Ord. 2910 § 1 (part), 1995)

2-28-410 Federal government contracts—Maintenance of property—Penalties.

A person who contracts with the federal government or any of its agencies, including, without limitation, the Department of Housing and Urban Development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct violations of the city’s codes pertaining to health and safety. Any person who violates these codes shall be subject to the findings, decision and orders of the code hearing department provided for by this division. Pursuant to 65 ILCS 5/11-31.1-12.2, the planning director may apply to the Circuit Court of Cook County for prosecution of a person who intentionally violates this section. A person found guilty of such a violation shall be fined not less than five hundred one dollars ($501) and not more than one thousand dollars ($1,000.00) for each offense. (Ord. 2910 § 1 (part), 1995)

2-28-420 Enhanced penalties for repeat offenders.

The city may, at its option, request enhanced penalties in accordance with this section in any code enforcement hearing or prosecution in the circuit court for code violations. Enhanced penalties may be sought against any owner who has previously been convicted of two or more building code violations on the same property within the previous six months. As an enhanced penalty, the minimum fine applicable for any such violation shall be doubled. (Ord. 2910 § 1 (part), 1995)

2-28-430 Rules and regulations.

The planning director may promulgate rules and regulations for the operation of the code hearing division consistent with the requirements of this division. Such rules and regulations shall be effective upon approval by the city council. Copies of the rules and regulations promulgated by the planning director shall be kept on file in the planning department and shall be available for inspection and copying during normal business hours. The planning department may charge a fee for copying or duplicating the rules and regulations that is consistent with fees charged by the city for such services. (Ord. 2910 § 1 (part), 1995)

Article IV. Engineering Functions

2-28-440 Review of plans for capital improvement projects.

The city engineer shall be responsible for reviewing plans for all capital improvement projects undertaken by the city and shall advise the mayor and planning director with respect to the planning, design and construction management of such projects. (Ord. 2910 § 1 (part), 1995)

2-28-450 Duties as directed by planning director.

The city engineer shall prepare such maps and plats as may be required in connection with any other public improvements within the city, shall review bids for street construction and improvement projects and shall perform such other duties as may be required by the planning director or the mayor. (Ord. 2910 § 1 (part), 1995)

Article V. Health Inspector

2-28-460 Duties of health inspector.

The health inspector appointed under the provisions of this code shall be responsible for the following areas of enforcement:

A. To enforce all laws of the state and the city relating to public health and sanitary conditions of the city;

B. To cause any nuisances deleterious to the public health or sanitation to be abated;

C. To order the cleansing or disinfection of buildings where unhealthful or unsanitary conditions exist and to cause the removal of any unwholesome matters;

D. To investigate all premises where business or manufacturing is conducted to determine that the premises are free from health and safety hazards which might affect the health of employees or the public in general;

E. To confer with such officials of the state or county responsible for enforcing regulations pertaining to health or sanitary conditions in order to insure that health regulations in effect within the city reflect current practice. (Ord. 2910 § 1 (part), 1995)

2-28-470 Contaminated food or beverage.

The health inspector shall also be authorized to investigate and to take such action as may be necessary to control the sale and/or distribution of any food, beverage or other product found to be contaminated with pathogenic organisms or containing any chemical substances which are capable of causing acute or chronic disease and which are deemed to be a hazard to public health. (Ord. 2910 § 1 (part), 1995)

2-28-480 Duties in regard to release of hazardous materials.

Whenever there has been a release of any hazardous material which may affect the public health, the health inspector, in coordination with such other officials responsible for managing such a release, shall be responsible for notifying the public with respect to precautions to be taken to protect the health of the general public. (Ord. 2910 § 1 (part), 1995)

2-28-490 Inspection duties in general.

In order to enforce the provisions of this code pertaining to matters concerning the public health, the health inspector shall be authorized to enter upon the premises of any building in the city for purposes of insuring compliance with the health regulations set forth in this code or by state law. (Ord. 2910 § 1 (part), 1995)

2-28-500 Duties as directed by planning director.

The health inspector shall perform such other duties related to areas under his enforcement as may be assigned from time to time by the planning director and shall consult with the director on matters he is responsible for investigating. Citations issued by the health inspector shall be prosecuted in conformance with the provisions of this code pertaining to other municipal code violations. (Ord. 2910 § 1 (part), 1995)

Article VI. Administration of Tax Increment Financing Districts.

2-28-510 Department to administer.

The planning department shall be responsible for the administration of those tax increment financing districts as are established by the city and shall participate in the management, planning and supervision of such projects as may be carried out in the redevelopment area. (Ord. 2910 § 1 (part), 1995)

2-28-520 Procedures for approval of expenditures.

No funds shall be expended from the fund established for any such tax increment financing district except upon a written requisition approved by the planning director and the city comptroller. The requisition shall describe with particularity the purpose of the expenditure and its relationship to the tax increment financing district. (Ord. 2910 § 1 (part), 1995)

2-28-530 Expenditures to be related to maintenance of TIF district or retirement of bonds in connection therewith.

Expenditures from the fund established for the tax increment financing district shall pertain to the redevelopment of the project area, the principal and interest on any outstanding bonds or the retirement of the bonds issued in connection with the project. Appropriate expenditures include planning and development costs associated with the project, security for the site, physical improvements to the site, development incentives to encourage development of the site, professional service fees, such as engineering, architectural, legal or other services, and ordinary maintenance of the area. (Ord. 2910 § 1 (part), 1995)

2-28-540 Annual report to city council on development projects.

The planning director shall issue an annual report to the city council describing in detail the current development projects existing at the site, the receipt of tax monies from the development projects already in existence, the expenditures from the fund, and the projected work to be undertaken in the ensuing year. The annual report to the city council shall be a public record of the city and shall be available upon request to members of the public. (Ord. 2910 § 1 (part), 1995)

2-28-550 Redevelopment agreements—Council approval required.

The planning director shall be authorized to enter into negotiations with prospective developers interested in acquiring parcels in any tax increment financing district. No such redevelopment agreement shall be valid or binding on the city until such agreement has been approved by the city council and executed by the mayor. (Ord. 2910 § 1 (part), 1995)

2-28-560 Records of receipts and expenditures to be maintained as a public record.

All records relating to the receipt and expenditure of money from the fund created for any tax increment financing district shall be public records of the city and shall be open to inspection by the mayor, comptroller, and members of the city council upon reasonable notice. (Ord. 2910 § 1 (part), 1995)

Article VII. Administration of Federally Funded Programs

2-28-570 Department to administer.

The planning department shall be responsible for the administration of any federally funded or state funded programs involving capital developments, public improvements or planning activities. (Ord. 2910 § 1 (part), 1995)

2-28-580 Procedures for approval of expenditures.

No funds shall be expended under any such programs except upon written requisition approved by the planning director and the comptroller. The requisition shall describe with particularity the purpose of the expenditure and its relationship to the program. (Ord. 2910 § 1 (part), 1995)

2-28-590 Expenditures to be related to grant purpose.

Expenditures of federal or state funds shall be related to the purpose or project for which the funds were transmitted to the city and shall be in accordance with the requirements of the particular program. (Ord. 2910 § 1 (part), 1995)

2-28-600 Annual report to council on program administration.

The planning director shall issue an annual report to the city council describing the program administration for any federal or state funded projects in sufficient detail to inform the council on the progress of the program. The annual report to the city council shall be a public record of the city and shall be available upon request to members of the public. (Ord. 2910 § 1 (part), 1995)

2-28-610 Records of receipts and expenditures to be maintained as a public record.

All records pertaining to the receipt and expenditure of federal or state funds for such projects shall be maintained as a public record of the city and shall be open to inspection by the mayor, city comptroller and members of the city council upon reasonable notice. (Ord. 2910 § 1 (part), 1995)