Chicago Department of Buildings: What Happens if There's a Circuit Court Case for Building Code Violations

When the Chicago Department of Buildings inspector finds violations that are dangerous and hazardous, they may file a Circuit Court case for more enforcement options. Here's a breakdown of the process:

1. Building Code Violation Found: The Department of Buildings (DOB) inspector responds to a 311 complaint and inspects the building. The inspector might find building code violations and send the case to Circuit Court.
2. Initial Court Date: Department of Law (DOL) prosecutors set the first court date based on factors like the seriousness and type of violations. They prioritize cases with expedited filing for life safety violations. The number of cases allowed on the judge's court call also determines the hearing date.
3. Serving Parties: Before the initial court date, DOL must attempt to personally serve the owner and all relevant parties, even those living out of state.
4. First Court Date: DOL focuses on violations like missing smoke and carbon monoxide detectors. If the owner has been served, they request the judge to order compliance within 24-48 hours.
5. Court Inspections: A DOB court inspector closely monitors the building throughout the court process. Inspections occur before each subsequent hearing. The inspector will report the building's current conditions and make repair recommendations for the court order. If access is denied, prosecutors can request an interior inspection through a court order.
6. Prosecution: City prosecutors work with the judge until violations are substantially resolved.
7. Resolution: The case can resolve in different ways:
   1. Case Dismissed: All violations are resolved.
   2. Case Dismissed with Consent Decree: If dangerous and hazardous conditions are resolved and only minor violations remain, the prosecutor may agree to dismiss the case with a consent decree. The decree grants the owner additional time to address remaining violations under court supervision. DOB inspectors continue monitoring until all violations are resolved. Failure to comply within the agreed period may lead to a motion to bring the case back to court.
   3. Receiver Appointment: When the owner cannot or will not address dangerous living conditions, a receiver may be appointed. Receivers work on abating hazards, such as restoring heat and gas services, and can provide relocation funds if necessary.
   4. Vacating the Property: If the owner fails to address dangerous conditions and appointing a receiver isn't feasible, the City prosecutor can request an order to vacate the property. The judge ultimately decides whether the property should be vacated.
   5. Demolition Considerations: If a building is vacated by the court, the City may inspect the property to decide whether to demolish the building. If DOB determines the property is suitable for demolition, the City prosecutor may ask the court to transfer the case to the demolition court call.