Attorneys for Building Code Violation?

Question

Hi everyone,

I just recently received a building code violation summons from the city of Chicago and had a question.  Do I have to appear in person or if I can have a family member represent me on my behalf and/or just the attorney represent me on my behalf.

Thanks!

Clarence

Account Closed · Answer

@Clarence Bell, Do you have a copy of the complaint you were served, that should have a list of all the violations. While you can hire and attorney to represent you in court, you'll have to schedule an inspection prior to every court date and show progress in remediating the violations. Ultimately, when all of the repairs are made, the City will dismiss the complaint. They may seek filing fees on behalf of the city, which is a small cost to pay considering the penalties the City may be entitled to for each day of non-compliance.

Ray Harrell · Answer

@Clarence Bell, I received a list of 12 violations. If they aren't major, just fix the violation, get a receipt and/or take a photo and appear in court. All but 1 of mine were wiped out just with photo evidence, and not good photos at that. I was nervous as hell, but it went relatively easy. Also, no fines. I got an extension on the last item. I don't think you need an attorney unless you are trying to fight it, and usually you won't win.

Bob Floss II · Answer

@Clarence Bell If the notice is for Circuit Court (Daley Center), you'll need to have the property inspected by a court appointed inspector and it will need to be re-inspected before every court date. Their docket is horribly over loaded so they will continue your case for a minimum of 6 months, if not longer. These cases can stay open for years until the seller can complete the repairs and pass inspection.

If the notice is for an Administrative Hearing (400 Superior or 2006 E. 95th), you'll need to bring photographic evidence  of the repairs printed out, NOT on your phone. Lately they have not been requiring inspections. You will be given a handful of continuances and typically the hearings will be a couple months apart unless there are large repairs needed and then you can request a long date. If you can't get the repairs completed after your fifth or sixth hearing, they will give you a money judgement and close out the case.  The money judgments can be significant.

Nicole A. · Answer

Please no asking for recommendations of services (lawyer) or recommending yourselves unless in the Marketplace. Thanks.

Ray Harrell · Answer

@Clarence Bell, 90% of the time it is the tenants who call the city for code violations. Almost EVERY building will have some violation, but older buildings are more prone. If you have grounds to evict that tenant, continue to do so. Having cause for eviction prior to the notice of violations is not considered retaliation. Don't let that stop you.

If your deck violation is improper height of railings, don't let a contractor talk you into a whole new deck/porch. You can retrofit the porch railings to meet compliance.

Quotes are NOT a significant show of progress. You have to have at least some indication that you have started the work. Do as much as you can, and focus on the safety related issues first. That's one thing they will ask. They likely won't grant an extension if there is a safety related issue, and the porch sounds like it might be safety related.

Clarence Bell · Answer

@Vincent Incopero, Thanks.

@Ray Harrell , Thanks for sharing your experiences.  There are a few violations that are low hanging fruit that I can have repaired before the court date, but some of the more costly ones will take more time. And I'm definitely not trying to fight it, although I feel like the city came to my building in the first place because of an unhappy tenant who made a complaint.

Clarence Bell · Answer

Account Closed, I do have a copy of the complaint.  I'm hoping the quotes I received from contractors will be a sufficient show of progress but I realize that if I can complete some of the smaller items ahead of the date, that's also a good idea.

Trevor Densmore · Answer

i'm actually going through the same issue. The tenants filed complaints with the city because they were getting evicted for not paying rent. So now i have 19 complaints to deal with and have to go to Circuit Court and Administrative court this month. I haven't been able to start any repairs due to lack of funds and due to having to wait for the tenants to leave so I can gain access to the units. I bought the property as is with inherited tenants. One tenant was evicted last month still have, second i am waiting for the sheriff to come. The third one I am going to court for this month.  This is my first time going thru this process so any advice would be greatly appreciated.

Ray Harrell · Answer

@Clarence Bell, was the violation that there was no permit, or are there safety violations as well? If it's just no permit, that's going to be a TON easier than the actual safety violations. u just need to have someone draw deck plans and pull a permit. I'm in that process now and will keep you updated. My plans were just finished (for a basement conversion...they had to draw in electrical, plumbing, HVAC. It was very complex).

Clarence Bell · Answer

@Bob Floss II Thanks for the information. The notice is for the Daley Center and its good to know about the inspection portion.

@Ray Harrell The estimate was to have all the violations completed.  There violations on the front and rear porch of the brownstone, and the coach house has a deck that they cited for needing permits.

@Chris Schu I'm aware of the safety concerns with the deck, but the city went overboard on the violations.  The reason for the inspector coming out was because of a bad relationship with a tenant.  Otherwise, this would not be a problem.  But that's water over the bridge now so I've got to address the problems!

Attorneys for Building Code Violation?

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