Are there any defenses to building code violations?

Yes, there are some defenses to building code violations.

It is a defense to a building code violation if we can prove 1) the building code violation alleged in the notice did not in fact exist at the time of the inspection resulting in the notice; 2) At the time of the hearing on the issue of whether the building code does or does not exist, the violation has been remedied or removed; 3) The building code violation has been caused by the current building occupants, or the most recent occupants who have been evicted within 30 days of the date of the notice of building code violations, and that in spite of reasonable attempts by the owner, manager or person exercising control to maintain the building free of such violations, the current or evicted occupants caused the violations; and 4) An occupant or resident of the building has refused entry to the owner or his agent to all or a part of the building for the purpose of correcting the building code violation.

If you have been cited by the City of Chicago for building code violations, contact us as soon as possible.

Posted by Bradford Miller Law, P.C.
Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite 2250
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com

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