[Amended by Ord. No. 81-124; Ord. No. 84-19; 3-21-2017 by Ord. No. 17-02]
The building department shall be under the supervision and control
of the City Engineer.
It shall be the duty of the inspector of buildings
and structures to examine all buildings and structures in the course
of erection or alteration, as often as practicable, and make a record
of all violations of the building regulations contained in this chapter,
together with a record of the street and number where such violation
has occurred, the name of the architect, owner and builder and all
matters relating thereto, and when such violations occur, he shall
immediately institute proceedings for their abatement and complain
against the offenders. He shall report quarterly to the City council,
or oftener if required, on the work of his office.
It shall be the duty of the inspector of buildings
and structures to examine, when so requested, any public or private
building or structure, certify to the strength, safety and general
condition of the building or structure and issue permits for any proposed
construction or alteration thereof, when in conformity with the requirements
of this chapter.
The inspector of buildings and structures is
hereby empowered to pass upon any question relative to the manner
of construction or material used in the erection, alteration or repair
of any building or structure within the limits of the City, not provided
for in this chapter, to make the same conform to the true intent,
meaning and spirit of the several provisions of this chapter, and
his decision shall be final.
It shall be the duty of the inspector of buildings
and structures, when requested, to inspect building material, measure
buildings, building material, masonry and other constructive work
and certify to the measurements of inspections. For such special inspections,
the inspector of buildings and structures is hereby authorized and
empowered to collect from the person requesting any such inspection
a reasonable sum for each hour actually employed upon such special
inspections.
It shall be the duty of the inspector of buildings
and structures to require the removal or prevent the construction
of any fireplace, chimney, hearth, stovepipe or other appliance used
in any building or structure, which he may deem unsafe or liable to
endanger life or property. It shall be his duty to carefully examine
any building, structure or appliance from which danger of fire may
be apprehended and, if the same is found to be unsafe, cause it, without
delay and at the expense of the owner or the occupant of the premises,
to be removed or placed in such condition as not to be dangerous.
When, upon examination, any building, other
structure or part of any building or other structure shall be adjudged
dangerous to life, limb or property, the inspector of buildings and
structures shall immediately notify the owner of such building or
structure or his agent, or the occupant thereof, to have the same
removed, repaired or secured within sixty days thereafter; and if
the owner, agent or occupant fails to do so, he shall be deemed guilty
of a misdemeanor, and it shall be the duty of the inspector, and he
is hereby given the power and authority, to demolish or secure such
building or structure so as to insure safety. In carrying out the
provisions of this section, the inspector may call upon the police
or fire department, or both, for assistance or employ labor or purchase
material needed, and the expense thereof shall be collected from such
owner, agent or occupant.
It shall be the duty of the inspector of buildings
and structures, whenever, in his opinion, any wall or part of a burned
building or structure is dangerous to life, limb or property, or when
any building or structure shall be deemed unsafe or dangerous for
the purpose for which it is used, or shall be in danger of fire, falling
or collapsing from any defect in its construction, to notify the owner,
agent or occupant of such building or structure in writing, specifying
of what the danger consists or wherein the building is unsafe or defective.
Upon receipt of such notice, it shall be the duty of such owner, agent
or occupant to immediately put such building or structure in a safe
condition or to forthwith pull down or secure such wall or dangerous
parts of a burned or unsafe building or structure, and it shall be
unlawful for him to neglect or fail to do so.
[Amended by Ord. No. 81-41]
Any frame building within the City limits which
has been or may be damaged by fire or otherwise to an amount greater
than one-third of the value thereof, exclusive of the value of the
foundation, shall not be repaired but shall be taken down. Such value
shall be determined by a commission consisting of three citizen freeholders,
to be selected as follows: One by the owner or agent of the building
damaged, one by the mayor or acting mayor of the City council and
the two thus selected to select the third. The finding of a majority
of the commission shall be in writing and shall be final in each case.
In case the owner or agent of the building damaged neglects or refuses
to select a member of the commission, the mayor or acting mayor of
the City council shall select two, who shall proceed in the manner
hereinbefore provided. In cases where an owner or agent selects one,
it shall be the duty of the owner or agent of any frame building damaged
as aforesaid to take the same down and remove it within ten days after
service of notice to remove, which notice shall be in writing and
signed by the mayor or acting mayor of the council and shall be served
by the police chief or some police officer personally on the owner
or agent of such building, when the same can be done. In case the
owner or agent of such building cannot be found within the City, the
service shall be by publication in one issue of some newspaper published
in the City. Any person violating the provisions of this section shall
be deemed guilty of a misdemeanor and, on conviction, shall be fined
in any sum not more than seven hundred fifty dollars for each offense,
and every attempt made by any person to repair such building after
service of notice to remove, as hereinbefore provided, shall be a
separate offense and shall be punished accordingly.
[Amended by Ord. No. 84-19; 3-21-2017 by Ord. No. 17-02]
It shall be unlawful for any work to be done upon any building
or structure within the City limits, except necessary repairs, without
a permit from the building inspector, except in conformity with the
provisions of this chapter.
Ordinary repairs may be made to buildings and
structures without notice to the building inspector, but such repairs
shall not be construed to include the cutting away of any stone or
brick wall, or any portion thereof, or the removal or cutting of any
beams, partitions or supports, or the removal, change or closing of
any staircase.
[Amended by Ord. No. 81-310; Ord. No. 84-19; 3-21-2017 by Ord. No. 17-02]
It shall be unlawful for any person, as owner, agent or architect,
to commence or continue the construction, erection or alteration of
any building or structure or any part of a building or structure,
within one-half mile of or within the limits of the City, without
first having submitted to the City building department, a detailed
set of the plans or description of the alteration, as determined by
the building inspector, of such proposed work, together with the full
name and residence, street and number of the owner and location of
such building, and having such plans or description approved by said
inspector, the permit fees paid and the permit issued. Such detailed
statement, plans or description shall be kept on file in the office
of the City building department until the proposed work is completed.
Nothing in this section shall be construed to allow the building inspector
to grant approval for the erection of any part of the building, when
plans and detailed statements have been presented for the same, before
the entire plans and detailed statements have been submitted, and
no contracts for the erection of any building or part of a building
shall be let until the plans have been approved by the City inspector
in writing upon the face of such plans. It shall be unlawful for any
person to alter, enlarge, raise or build upon any building without
a permit from the City inspector, which permit shall be issued only
after any examination of the premises shall have been made by such
official.
[Amended by Ord. No. 84-19; 3-21-2017 by Ord. No. 17-02]
It shall be unlawful for any owner, his agent or architect,
after the permit shall have been granted for the erection, construction,
or alteration of any building or structure or installation within
any building or structure within the limits of the City, to alter
or change the plans for such building or structure without giving
notice and receiving written approval of such alteration or change
from the building inspector.
[Amended by Ord. No. 81-50; Ord. No. 84-19; 3-21-2017 by Ord. No. 17-01]
If, upon consideration of the detailed statements or plans required by §
7-27, it shall appear to the building inspector that the manner of erection, installation, character of construction and kind of material are in accordance with this chapter, the inspector shall thereupon grant a permit to make such construction, installation or alteration, upon the payment of the correct fee which shall be set and established by the governing body of the City of Evanston in its annual budget resolution. All construction, remodeling and alteration projects conducted by the City of Evanston shall be exempt from paying the fee. All fees collected by the inspector shall be deposited into the City Treasury.
[Amended by Ord. No. 81-41; Ord. No. 84-19; 3-21-2017 by Ord. No. 17-02]
The building inspector shall have the power to order the construction
or the making of alterations or repairs on any building or structure
stopped where such work is being done in violation of this chapter
or where the individual performing the work does not hold the proper
license to perform such work from the state and it shall be unlawful
for any owner, architect, builder, contractor or other person employed
in such work to fail to comply with such order. It shall also be unlawful
for any of such persons or for any other person to interfere with,
hinder, delay or obstruct the inspector in the discharge of their
duties.
[Amended by Ord. No. 81-41]
All scaffolds erected in the City for use in
the erection of stone, brick or other buildings shall be well and
safely supported and of sufficient width and properly secured so as
to insure the safety of persons working thereon or passing under or
by the same against the falling thereof, or of such material as may
be used, placed or deposited thereon. Any scaffold which may be otherwise
erected shall be deemed a nuisance, and any person who shall erect
or use, or cause to be erected or used, any scaffold contrary to the
provisions of this section shall, on conviction, be fined in any sum
not more than seven hundred fifty dollars.
[Added by Ord. No. 84-19]
Any person, whether as principal, agent, clerk,
employee, or servant, who violates, disobeys, omits, neglects or refuses
to comply with the provisions of this article shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not more than seven hundred fifty dollars, and each day's
omission or neglect of the thing commanded to be done, and every continuance
of any act or thing prohibited by this article, after notice, shall
be deemed a separate offense and shall be punished accordingly.