City of Chicago Nuisance Abatement Ordinance
November 29th, 2005
Slum Nuisance Abatement Ordinance for
City of Chicago
(Municipal Code of Chicago 13-12-145)
The City of Chicago has passed an amended Slum
Nuisance Abatement Ordinance, Effective December 2005, which
directly impacts homeowner and mortgagees alike. The new
Ordinance broadens the definition of a public nuisance; includes a
fine provision for owners, agents, property managers, lenders and
leinholders; and holds lenders liable for failure to correct code
violations.
A property is considered a public nuisance if any one of the
following applies:
- When there is an order to secure a property
and the property remains vacant and open.
- When the property has health or safety
violations.
- When the cost to repair the property to code
exceeds the market value of the property or the owner cannot
show that it has readily available funds.
- Where there is failure to comply within 60
days of a court order with respect to the property.
When a property is inspected by the City and designated a public
nuisance the city may initiate an abatement proceeding. When
an order of abatement is issued and no action is taken the City may
do one of the following:
- Assess a fine not less then $200 and no
greater than $1000 per day until the nuisance
is abated.
- hire a property manager or appoint a
receiver.
- File for an order of forfeiture, assignment or
permission to repair or demolish.
Note: The City
can assign the property to the lender, however if the lender does
not comply, the lender will be directly liable for violations
and fines. The lender has the option of releasing
its lien on the property so that it can be transferred to the
City.
To view a summary
of the ordinance received from the City of Chicago's Law Dept.
please click on the following file:
City of Chicago Nuisance Abatement
Ordinance.pdf
To view the full ordinance pleasde click on the following
link:
City of Chicago Nuisance Abatement Ordinance