There are not many defenses to building code violations which is why its so important to have attorneys who know how to work out a deal with the city attorneys. There are some defenses though and here they are:
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 - you could be liable for $1000s of dollars in fines - let us help you avoid that.
Posted by Bradford Miller Law, P.C.
Real Estate Law, Landlord Tenant Law, Estate Planning
134 N. LaSalle, Suite1040
Chicago, IL 60602
312-238-9298
http://www.bradfordmillerlaw.com
Offering free legal representation to homeowners seeking a short sale
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