Record #: O2014-88   
Type: Ordinance Status: Failed to Pass
Intro date: 1/15/2014 Current Controlling Legislative Body:
Final action: 5/20/2015
Title: Amendment of Municipal Code Chapter 7-28 regarding buildings contaminated by mold
Sponsors: Lane, Lona, Pope, John, Cullerton, Timothy M., Cardenas, George A., Foulkes, Toni, Sposato, Nicholas, Thompson, JoAnn, Beale, Anthony, Tunney, Thomas, Arena, John, Thomas, Latasha R., Reilly, Brendan, Holmes, Natashia, Chandler, Michael D., Colón, Rey, Balcer, James, Fioretti, Bob, Moreno, Proco Joe, Sawyer, Roderick T., Quinn, Marty, Moore, Joseph, Osterman, Harry, Silverstein, Debra L., Pawar, Ameya, Solis, Daniel, Smith, Michele, Harris, Michelle A., Zalewski, Michael R., Munoz, Ricardo, Ervin, Jason C., Mitts, Emma
Topic: MUNICIPAL CODE AMENDMENTS - Title 7 - Health & Safety - Ch. 28 Health Nuisances
Attachments: 1. O2014-88.pdf
Related files: R2015-407
Joint Committee: Zoning. Landmarks and Building Standards; Health and Environmental Protection
 
 
ORDINANCE
 
 
WHEREAS, molds are fungal micro-organisms that grow in damp environments, and can enter a home or a workplace through doors, windows, ventilation systems, and even on the clothing of people entering the home or workplace; and
WHEREAS, molds will drop spores - reproduce and grow - on places where there is excessive moisture, such as on and near leaky plumbing fixtures, on floors where water has been allowed to accumulate, or on and near window and door frames that do not seal properly; and
WHEREAS, the presence of mold inside residential spaces and working environments can present health risks even to reasonably healthy people, and serious health risks to people with asthma or compromised immune systems; and
WHEREAS, although the presence of mold qualifies as a nuisance condition pursuant to Chapter 7-28 of the Municipal Code of the City of Chicago, mold is not specifically mentioned in the code; now, therefore,
 
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
 
SECTION 1. Section 7-28-060 ofthe Municipal Code ofthe City of Chicago is hereby amended by inserting the language underscored, as follows:
 
 
7-28-060       Conditions detrimental to health - Public nuisance - Violation -Penalty.
No building, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be made, used, kept, maintained, or operated in the city if such use, keeping, maintaining, or operating shall be the occasion of any nuisance, or shall be dangerous to life or detrimental to health.
Every building or structure constructed or maintained in violation of the building provisions of this Code, or which is in an unsanitary condition, or in an unsafe or dangerous condition, or which in any manner endangers the health or safety of any person or persons, is hereby declared to be a public nuisance. Every building or part thereof which is in an unsanitary condition by reason of the basement or cellar being covered with stagnant water, or by reason ofthe presence of sewer gas, or by reason of any portion of a building being infected with disease, contaminated by mold, or being unfit for human
 
 
 
f
 
 
 
 
habitation, or which by reason of any other unsanitary condition, is a source of sickness, or which endangers the public health, is hereby declared to be a public nuisance.
Any person found guilty of violating any of the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $500.00, or imprisonment not to exceed 10 days, or both such fine and imprisonment for each offense. Each day such violation shall continue shall constitute a separate and distinct offense.
 
 
SECTION 2. This ordinance shall take effect 30 days after its passage and