SUBSTITUTE. MANAGEMENT ORDINANCE AS AMENDED
WHEREAS, The City of Chicago is a home rule unit of government as defined in Article VII, Section 6(a) of the Illinois Constitution; and
WHEREAS, As a home rule unit of government, the City of Chicago may exercise any power and perform any function pertaining to its government and affairs; and ;
WHEREAS, The management, structure, powers, and functions of its departments and agencies is a matter pertaining to the government and affairs of the City of Chicago; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
This ordinance is organized into the following Articles, as follows:
Article I. Governmental Organization and Operation
Article II. Worker Protections
Article III. Environmental Protections
Article IV. Out-Of-City Water Service
Article V. Short-Term Rental Reforms
Article VI. CATCo
Article VII. Resolution
Article VIII. Severability; Superseder
Article IX. Effective Dates
ARTICLE I. GOVERNMENTAL ORGANIZATION AND OPERATION
SECTION 1. Chapter 2-4 of the Municipal Code of Chicago is hereby amended by adding a new Section 2-4-100, as follows:
2-4-100 Mayor's Office of Equity and Racial Justice.
For the purposes of this section, the following terms shall have the following meanings:
"Equity" means outcomes and processes that result in fair and just access to opportunity and resources that provide everyone the ability to thrive.
"Racial justice" means the elimination of racial inequality and advancement of collective prosperity for communities that have been most negatively impacted because of their race or ethnicity.
"Racial Equity Action Plan" means a multi-year strategic plan aiming to achieve equity and racial justice:
"Sister agencies" has the meaning ascribed to that term in Section 1-23-010.
There is hereby established the Mayor's Office of Equity and Racial Justice, which shall have the mission to:
(1) provide oversight and guidance for systematic reform of processes, practices, and functions for the City aimed at advancing equity in service delivery, resource distribution, policy creation, community engagements, and other government business on behalf of residents;
build capacity of City employees to advance equity in their core work by developing, utilizing/and promoting best and promising practices and strategies; and
strengthen, repair, and empower relationships between community members, private sector stakeholders, and government officials by developing, implementing, and leading engagements and initiatives aimed at advancing equity.
(c) The Office of Equity and Racial Justice shall be led by a Chief Equity Officer, who shall direct the Office in carrying out the following duties and responsibilities:
to develop and coordinate the implementation and maintenance of:
a coordinated and comprehensive equity and racial justice strategy for the City aimed at combating systemic racism and addressing the root causes of racial and social inequity throughout the City's government and across the City;
racial equity action plans created by each City department to articulate and guide strategy aimed at advancing equity and making it a permanent pillar in all departmental workstreams;
(i) All departments, unless directly exempted by the Chief Equity Officer, shall complete a racial equity action plan and report progress annually to the Chief Equity Officer;
trainings, professional development, and technical assistance on equity and racial justice for City staff;
to enter into grant agreements, cooperation agreements, and other agreements or contracts with governmental entities, private business, and civic and community groups to implement social and racial equity programs;
to research and plan processes, resources, and practices that will advance equity in how the City provides services and resources to residents;
to educate and communicate to City departments, other governmental bodies, advisory councils, community and civic organizations, and the public regarding the status and progress of the City's equity efforts, as well as opportunities available to advance progress and innovation;
to monitor and provide written annual status and progress reporting of City departments' racial equity action plans to the Mayor, City Council, and residents as part of the City's budget process each fiscal year;
to collaborate and partner with sister agencies, advisory councils, community and civic organizations, and the public in developing policies, initiatives, and planning efforts aimed at advancing equity and racial justice;,
to collaborate with relevant departments and entities as needed. Non-limiting examples of such collaboration include:
the Office of Budget and Management to obtain relevant departmental data and information, and produce and publish reports to the Mayor, City Council, and members ofthe public;
the Department of Public Health to secure relevant research and data, collaborate and develop research and analysis, jointly seek federal and philanthropic resources, and develop and implement of tools and best practices, such as health and racial equity impact assessments;
the Department of Human Resources to access and analyze workforce data for equity dashboards and reporting, and develop workforce diversity and inclusion strategies;
the Department of Procurement Services to access and analyze contracting data as it relates to diversity of contractors and vendors, particularly M.B.E. and W.B.E., as these terms are defined in Section 2-92-420 or Section 2-92-670, as appropriate, data and information, and in partnership with the
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Contracting Equity officer support the development and execution of procurement diversity and inclusion strategies;
(8) to hire additional officers and employees according to applicable City
hiring laws. . . . _ . _ .
(d) The Mayor shall ensure sufficient funding for the Office of Equity and Racial Justice to faithfully and fully execute these requirements.
SECTION 2. Section 2-4-055 of the Municipal Code of Chicago, which created the Chief Sustainability Officer, is hereby repealed.
SECTION 3. Title 2 ofthe Municipal Code of Chicago is hereby amended by adding a new Chapter 2-31, as follows:
Chapter 2-31 Office of Climate and Environmental Equity.
2-31-010 Establishment - Composition.
There is hereby established the Office of Climate and Environmental Equity, which shall be led by a Chief Sustainability Officer, and shall include such other deputies, assistants, officers and employees as the City Council may provide by the annual appropriation ordinance.
2-31-020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
"Climate Action Plan" means an inclusive, equitable, and ambitious plan for reduction of greenhouse gas emissions in the City, developed and issued publicly from time to time by the Chief Sustainability Officer and serving as the City's official climate change mitigation and adaptation strategy and implementation plan, including for all City departments and offices.
"Climate justice" means the movement to address the disparity between who is causing the climate crisis and who is most impacted by such climate crisis.
"Community resilience" means the sustained ability of a community to use available resources to respond to, withstand, and recover from adverse situations.
"Decarbonization" means the process of stopping or reducing carbon gases, especially carbon dioxide, from being released into the atmosphere.
"Environmental equity" means an outcome and a process that results in fair and just access to environmental opportunities and resources as well as fair and just distribution of climate and environmental risks, such that all City residents have the ability to thrive.
"Green economy" means an economic sector that is low carbon, resource efficient, and socially inclusive. In a green economy, growth in employment and income are driven by public and private investment into such economic activities, infrastructure, and assets that allow reduced carbon emissions and pollution, enhanced energy and resource efficiency, and prevention of the loss of biodiversity and ecosystem services.
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2-31-030 Officers and employees.
All deputies, assistants, officers, and employees of the office shall be under the direction and supervision of the Chief Sustainability Officer and shall perform the duties required of them by the Chief Sustainability Officer or by the provisions of this Code.
2-31-040 Powers and duties of the office.
(a) The Chief Sustainability Officer and the office shall have the following duties and responsibilities:
To develop a coordinated and comprehensive equity-focused environmental policy agenda for the City aimed at protecting residents and conserving the City's natural resources, to encourage and promote the resiliency, adaptation, and long-term sustainability of the City's streets, built environment, parkways, waterways, natural areas, and shoreline for the benefit of all residents;
To provide strategic coordination and guidance for systematic reform of processes, practices, and functions for the City aimed at advancing sustainability, environmental justice, community resilience, and climate mitigation;
To guide City departments in creating, monitoring, and reporting on climate and environmental policy and programs in order to achieve the goals of the City's Climate Action Plan and other regional, state, national, and international climate agreements;
To develop a coordinated and comprehensive energy policy and initiatives for the City to improve energy efficiency and decarbonization across the City and encourage innovation in renewable energy and affordability and access in the generation, storage, distribution, conversion, and consumption of energy;
To develop policies and plans for waste reduction, diversion, and improved recycling policies and programs throughout the City, and to advance policies and recommendations consistent with the Chicago waste strategy;
To encourage and conduct studies, investigations and research relating to the physical, chemical, engineering, meteorological, and other aspects of environmental management, planning, and mitigation, independently or in conjunction with other federal, state, and local agencies and organizations, City departments and sister agencies, as the Chief Sustainability Officer may deem advisable and necessary;
To develop plans and proposals for joint cooperative investigation and research with public and private agencies and organizations on methods for reducing or eliminating land, air, and water pollution, with the goal of reducing emissions, advancing climate and environmental justice, and improving quality of life for all residents;
To educate and communicate to City departments, other governmental bodies, community and civic organizations, and the public as to the status and progress of the City of Chicago's sustainability and environmental and climate justice efforts, as well as opportunities for collaboration and innovation;
To function as the City's central source for such research, literature, educational materials and other information regarding land, air and water pollution, energy efficiency and innovation, climate change, city-wide sustainability and environmental protection;
To collaborate and partner with sister agencies and non-governmental bodies in developing policies, initiatives, and planning efforts aimed at integrating equity and racial justice goals into mitigating climate change and accelerating an equitable green economy; and
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(11) To enter into grant agreements, cooperation agreements and other agreements or contracts with governmental entities, private business, and civic and community groups to implement environmental enhancement, protection, and sustainability programs, and to enter into and execute all such other instruments and to perform any and all acts, including the allocation and expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto.
(b) All City departments and, to the extent permitted by law, sister agencies shall work cooperatively with the Chief Sustainability Officer to advance the environmental, climate, energy, and sustainability goals ofthe City. The Mayor shall ensure sufficient funding for the Office of Climate and Environmental Equity to faithfully and fully execute these requirements.
2-31-050 Succession; transfer of powers.
The Chief Sustainability Officer and the Office of Climate and Environmental Equity established under this section shall assume all rights, powers, duties, obligations, and responsibilities of the former Chief Sustainability Officer. Any policies, agreements, contracts, or other documents created by the Chief Sustainability Officer prior to the creation of this Office of Climate and Environmental Equity shall be continued under the jurisdiction of the Chief Sustainability Officer and the Office of Climate and Environmental Equity. <
SECTION 4. After passage of Section 3, the Mayor of Chicago ("Mayor") shall commission a study to provide recommendations regarding establishing a Department to be responsible for the policymaking and operations related to climate and environmental equity. The study shall survey best practices for comparable municipal departments of environment across the United States, and shall: (1) recommend the scope and mission for a new department in Chicago; (2) recommend proper staffing for such a department; (3) review specific duties and enforcement authorities within existing Departments with environmental responsibilities, identify service gaps, and those responsibilities that may be necessary in a new Department as opportunities for enhanced whole-of-government action; and (4) determine sustainable revenue sources for a department. The study will involve robust internal and external engagement with stakeholders and its findings will be presented to both the Mayor and a joint committee of the Committee on Environmental Protection and Energy and the Subcommittee on the Chicago Recovery Plan, on or before June 30, 2023. The Joint Committee shall discuss and evaluate the study through one or more public hearings, including at least one subject matter hearing, and provide recommendations to the Mayor, the Office of Budget and Management, and the City Council in sufficient time to be considered as part of the 2024 Budget Recommendations.
SECTION 5. Section 2-51-050 of the Municipal Code of Chicago is hereby amended by adding the language underscored, as follows:
2-51-050 Commissioner of Assets, Information, and Services - Powers and duties -Rulemaking.
(a) Duties and responsibilities. The Commissioner of Assets, Information, and Services shall have the following duties and responsibilities:
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(Omitted text is unaffected by this ordinance)
(12) Subject to approval of the Corporation Counsel as to form and legality, and except as otherwise provided in this subsection, to negotiate and execute on behalf of the City any lease, right-of-entry agreement or other document evidencing an agreement for the use and occupancy of real property, which may include terms providing for indemnification, for a term not to exceed 30 days.'Such initial agreement may be extended, renewed or continued for up to an additional 150 days. Provided, however, that no extension, renewal or continuation of such initial agreement shall extend beyond a totality of 180 days, unless: (1) the agreement is referred to the Chicago City Council for review and full disclosure as to all parties, particulars, events and justifications meriting such extension, renewal or continuation; and (2) the Chicago City Council approves an extension,, renewal or continuation of such agreement beyond a totality of 180 days. Provided further, that the Commissioner's power to negotiate and execute on behalf of the City any lease, right-of-entry agreement or other agreement for the use and occupancy of real property within the Chicago Riverwalk, including concession agreements for food, beverages, goods and services within the Chicago Riverwalk, shall be governed by Section 10-36-145;
(Omitted text is unaffected by this ordinance)
SECTION 6. Section 2-56-090 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-56-090 Duty to cooperate.
It shall be the duty of every elected or appointed officer, employee, department, agency, lobbyist engaged in the lobbying of elected or appointed Citv officers or employees, contractor, subcontractor, agents or licensee of the eity Citv, and every applicant for certification of eligibility for a city City contract or program, to cooperate with the inspector general in any inguiry undertaken pursuant to this chapter. Each department's premises, equipment, personnel, books, records and papers shall be made available as soon as practicable to the inspector general. Every eity City contract and every bid, proposal, application or solicitation for a eity City contract, and every application for certification of eligibility for a eity City contract or program shall contain a statement that the person understands and will abide by all provisions of this chapter.
SECTION 7. Section 2-80-080 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-80-080 Superintendent, Chief Administrator and Police Board - Selection; appointment.
(Omitted text is unaffected by this ordinance)
(c) Police Board. When a vacancy occurs on the Police Board, the Commission shall, within 60 days, identify candidates eligible to fill the vacancy. Such candidates shall have the same gualifications as those for Commissioners as set out listed in Section 2-80-040(b)(1) through (b)(7) and (b)(9), and shall adhere to the Police Board Selection Criteria contained in
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promulgated pursuant to paragraph 532 of the Consent Decree. For each Police Board vacancy, the Commission shall submit to the Mayor three candidates it deems most qualified,. except that, for an anticipated vacancy due to the expiration of a term, the Commission may submit only one eligible candidate for reappointment. Within 30 days thereafter,.the Mayor shall either select ono of those candidates select a candidate, or reject the candidates or reappointment candidate, and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. Within 30 days after this rejection, the Commission shall submit three new candidates to the Mayor, which shall not include any previous candidate. Within 30 days thereafter, the Mayor shall either select a candidate or reject the candidates and provide the Commission with a written explanation, which the Commission shall make publicly available no later than three business days after receipt. This process shall continue until the Mayor selects a candidate.
(Omitted text is unaffected by this ordinance)
SECTION 8. Section 2-92-407 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-92-407 Contracts - Bid incentive to encourage diverse management and workforce.
(a) For purposes of this section only, the following definitions shall apply:
"Contract" means any contract, purchase order or agreement awarded by the city and
whose cost is to be paid from funds belonging to or administered by the city; provided that the term "contract" does not include: (i) a delegate agency contract; (ii) a lease of real property; or (iii) a collective bargaining agreement.
"Diverse" means any of the following racial or ethnic groups:
African-Americans or Blacks (persons having origins in any of the Black Racial groups of Africa);
Hispanics (persons of Spanish culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race);
Asian-Americans (persons having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent, or the Pacific Islands);
American Indians, which includes persons having origins in any ofthe original peoples of North and South America (including Central America) and who maintain tribal affiliation or community attachment; and
Other groups, or other individuals, found by the board to be socially and economically disadvantaged and to have suffered actual racial, ethnic or gender discrimination and decreased opportunities to compete in Chicago area markets or to do business with the city.
"Prime Contractor" means the primary contractor on a contract. A "Prime Contractor prime contractor" does not include any subcontractors.
"Management" means business owners, partners and any others who have a fiduciary duty to the business.
"Workforce" means all who are employed by a prime contractor in a permanent, full-time employment capacity.
(b) (1) Unless otherwise prohibited by any federal, state or local law, for any
contract having an estimated contract value of $100,000 or more advertised, or if not advertised
awarded by competitive bid, after the effective date of this ordinance, the chief procurement
officer Chief Procurement Officer shall allocate to any qualified bidder the following bid incentive
for diverse management and diverse workforce:
(Omitted text is unaffected by this ordinance)
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A prime contractor may qualify for and apply both the diverse management and diverse workforce bid incentives.
.The bid .incentive is .used only to calculate an amount to be.used in evaluating the
bid to determine the low bidder, and it does not affect the contract price.
(2) The chief procurement officer Chief Procurement Officer may determine not to allocate a bid preference under this section, under the following conditions:
(Omitted text is unaffected by this ordinance)
(iii) the chief procuroment officer Chief Procurement Officer otherwise concludes that the allocation of a bid preference is not in the city's City's best interest.
For all contracts advertised for bid solicitation, the chief procurement officer Chief Procurement Officer shall include a bid preference provision consistent with this section in all such advertising.
The prime contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the chief procurement officer Chief Procurement Officer. Full access to the prime contractor's records shall be granted to the chief procuromont officor Chief Procurement Officer, the commissioner of the supervising department, the inspoctor gonoral Inspector General, or any duly authorized representative thereof. The prime contractor shall maintain all relevant records for a period of no less than three years after the expiration of the contract.
The chief procuroment officer Chief Procurement Officer may require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or prime contractor submit an affidavit and other supporting documents demonstrating that the bidder or prime contractor is eligible for the diverse management and/or diverse workforce bid incentives.
(Omitted text is unaffected by this ordinance)
(g) The ehief procurement officer Chief Procurement Officer is authorized to adopt, promulgate and enforce reasonable rules pertaining to the administration and enforcement of this section.
SECTION 9. The date-based termination provision within Section 2 of an ordinance passed by the City Council, bearing City Clerk record number SO2021-5647, recorded on pages 44191-44192 of the Journal ofthe Proceedings of the City Council of the City of Chicago, Illinois, of January 26, 2022, pertinent page being 44192, is hereby repealed.
SECTION 10. Subject to the availability of duly appropriated funds, the Chief Procurement Officer is authorized to make such price adjustments in contracts that are active on the effective date of this ordinance as in her judgment are strictly necessary to effectively meet the City's operational needs. A report of all contract modifications made by the Chief Procurement Officer pursuant to this section will be placed on file each quarter with the City Council Committee on the Budget and Government Operations.
SECTION 11. Section 2-112-110 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
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2-112-110 Commissioner-Additional powers and duties.
(a) The Commissioner of Public Health shall have the following powers and duties:
(Omitted text is unaffected by this ordinance) - -
(4) To determine when a disease is communicable or epidemic, and establish quarantine rogulations whenever it is deemed measures and rules necessary to protect the public health:
(Omitted text is unaffected by this ordinance)
SECTION 12. Section 2-152-051 ofthe Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-152-051 Salaries - Annual appropriation - Clerk, treasurer Treasurer, and mayor Mayor.
The salaries of all officers and employees of the eity Citv, not otherwise fixed, shall be determined and fixed by the city council Citv Council in the annual appropriation ordinance. The annual salaries of the following officers elected in 2003 2023 are hereby fixed as
follows:
City Clerk And City Treasurer
Effective May 5, 2003 15, 2023 $122,210.00 $161,016.00
Effoctivo January 1, 2004 $125,880.00
Effoctivo January 1, 2005 $129,655.00
Effoctivo January 1, 2006 $133,545.00
Mayor
Effective May 5, 2003 15, 2023.
Effective January 1, 2005 $209,915.00
Effective January 1, 2006 $216,210.00
Beginning with salaries that start January 1, 2024, the annual salaries for the City Clerk, Citv Treasurer and Mayor specified in this section shall be adjusted for each calendar year by applying to each the rate of inflation calculated based on the Consumer Price Index - Urban Wage Earners and Clerical Workers (Chicago All Items) ("CPI") published by the United States Bureau of Labor Statistics, provided, however, that if the CPI increases by more than 5 percent in anv year, the salary increase shall be capped at 5 percent. The Budget Director or the Budget Director's designee shall determine such rate by comparing the figure for the most recent July with the figure for the previous July. Any adjustment shall take effect at the beginning of the first pay period for the following calendar year, e.g. the change in CPI calculated from 2022 to 2023 shall be the rate used to affect a salary that begins January 1, 2024.
The city clerk City Clerk, city treasurer City Treasurer, or mayor Mayor may choose not to have his or hor the salary adjusted as set forth in this section for the term of office beginning in 2003 2023 by notifying the city comptroller Citv Comptroller in a sworn statement on a form provided by the comptroller Comptroller for that purpose. The notification must be filed no later than May 4, 2003 12, 2023 for incumbents. A person who receives a certificate of election to the office of city clerk City Clerk, city treasurer City Treasurer, or mayor Mayor and who was not the city clerk City Clerk, city treasurer City Treasurer, or mayor Mayor on November 6, 2002 16, 2022, may choose not to have his or her that salary adjusted for the term of office beginning in
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2003 2023 by notifying the eity comptroller City Comptroller in a sworn statement on a form provided by the comptroller Comptroller for that purpose prior to taking the oath of office.
The Citv Clerk, City Treasurer, or Mayor may choose not to have the salary adjusted as set forth in this section for anv given year as set forth in this section by notifying the Budget Director in a swom statement on a form provided by the Budget Director for that purpose. This notification must be received by the Budget Director by September 15 for the choice to be effective for the following calendar year.
The choice shall be irrevocable during the term to which it applies but shall not bind a successor who succeeds to the office for the remainder of the term as the result of a vacancy. Prior to taking the oath of office, an individual appointed or elected to fill a vacancy may choose not to have his or hor the salary for the remainder of the term of office adjusted from the salary as set forth in this section by notifying the city comptroller City Comptroller in a sworn statement on a form provided by the comptroller Comptroller for that purpose. If the clerk City Clerk, treasurer City Treasurer, or mayor Mayor elect not to take a salary increase in accordance with this section, the comptroller Comptroller is prohibited from making any payment in connection with any such increase.
The salaries of all officers and employees shall be as herein provided regardless of any prior inconsistent statute or ordinance.
SECTION 13. Section 2-152-150 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-152-150 Applicants for employment - Disclosure of indebtedness to city City.
Whenever used in this section, the following words and phrases shall have the following meanings:
"Debt" means a specified sum of money owed to the eity City for which the period granted for payment has expired.
Every person who is given an offer of employment with the eity City shall fite-an affidavit with submit a debt check application to the department Department of human resources Human Resources disclosing any debt owed by the applicant to the city.
A person offered employment with the City, but No person who is given an offer of employment who owes a debt to the eity City, shall not be hired by the City city until such indebtedness is paid in full.
(e) Notwithstanding the provisions of subsections (c) and-(d)-hereifvthe-6ify may
hire a person who owes a debt to tho city if unless the commissionor Commissioner of human resources Human Resources determines that such person:
Has entered into an agroomont enrolled in a payment plan to pay the debts owed to the City with the department of finance Department of Finance, or other appropriate eity City department, with the ability for such enrollment to occur during the period after the offer of employment but reguired to happen before being hired by the City, fer-tbe payment of all debts owed to the city Gity and is in compliance with the agreement; or
Is contesting liability fo^ or the amount of, the debt in a pending administrative or judicial proceeding; or
Has filed a petition in bankruptcy and the debts owed the eity City are dischargeable in bankruptcy.
This section shall not apply to unpaid workers such as volunteers who are not appointees to boards, commissions, and other similar bodies.
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SECTION 14. Section 2-173-050 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
2-173-050_ No private cause of action _ _
This chapter does not create or form the basis for liability on the part of the City, its agents, or agencies. A remedy for the violation of this chapter shall be through the City's disciplinary procedures for officers and employees under regulations including but not limited to this City personnel rules, union contracts, civil service commission rules, or any other agency rules and/or regulations. A person alleging a violation of this chapter against a member of the Chicago Police Department shall forward a complaint to the Civilian Office of Police Accountability, or any successor independent police review agency; all other complaints shall be forwarded to the Office ofthe Inspector General ("Inspector General") who shall process it in accordance with the complaint-processing procedures established in Chapter 2-56 of this Code
porson of any City Council committee, tho Inspoctor General shall promptly transmit said
processing or such successor committee having jurisdiction over said matters. Nothing in this section shall preclude an individual from seeking injunctive or declaratory relief for a violation of this Chapter.
ARTICLE II. WORKER PROTECTIONS
SECTION 1. Section 2-25-200 is hereby amended by adding the language underscored and by deleting the language stricken, as follows:
2-25-200 Office of Labor Standards.
(Omitted text is unaffected by this ordinance)
Office of Labor Standards - Establishment - Powers and duties. There is hereby established within the Department of Business Affairs and Consumer Protection an office of the municipal government, which shall be known as the Office of Labor Standards. Such Office shall include a Director, who shall be appointed by the Commissioner, and such other assistants and employees as provided for in the annual appropriation ordinance. The duties of the Office of Labor Standards, and of its Director, shall be to:
(Omitted text is unaffected by this ordinance)
(6) Administer and enforce Chapters 6-105 and 6-110 Article II of Title 6, and administer Section 4-6-180(e)(6), of this Code;
(Omitted text is unaffected by this ordinance)
Director - Duties pertaining to Chapters 6 105 and 6 110 Article II of Title 6. In connection with subsection (b)(6) ofthis section, the Director, consistent with the requirements of due process of law and in accordance with rules duly promulgated by the Commissioner, is authorized to: (i) receive complaints, which shall be filed by ar+employee a worker or other person on behalf of an employee a worker, of alleged violations; (ii) mediate disputes in
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connection with such complaints, if appropriate; (iii) investigate such complaints, as appropriate, and make findings of fact in connection with such investigations; (iv) issue notices of violation, as appropriate, if, following an investigation, the Director determines that there is reasonable cause.to believe that a violation has.occurred; (v) provide for a hearing following the issuance of any such notice of violation; (vi) conduct hearings; (vii) administer oaths, take testimony, issue subpoenas, and receive evidence in connection with such investigations or hearings; and (viii) otherwise enforce Chapters 6-105 and 6-110 Article II of Title 6. Any investigation conducted pursuant to this section shall be conducted in a fair and impartial manner. The name and other identifying information of the employee worker or person reporting a violation of Chapters 6-105 and 6-110 Article II of Title 6 shall be kept confidential to the extent permitted by law unless such omployoo worker or person authorizes the Director in writing to disclose this information as the Director deems necessary or appropriate to enforce this section. The Director may investigate complaints in cases where the complainant is unknown or anonymous.
(Omitted text is unaffected by this ordinance)
SECTION 2. Section 6-100-020 of the Municipal Code of Chicago is hereby amended by adding the language underscored, as follows:
6-100-020 Violation - Penalty.
Any violation of this article which does not state a penalty shall be punishable by a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each violation of this article shall constitute a separate offense.
Any violation of this article may also result in an adjudicator ordering relief as may be deemed necessary. Relief may include, but is not limited to, an order: to cease the illegal conduct complained of; to pay actual damages for injury or loss suffered by the worker; to pay appropriate punitive damages when the violator acted with actual malice, willfully, or with such gross negligence as to indicate a wanton disregard ofthe worker's rights; to hire, reinstate, or upgrade the worker with or without back pay or provide such fringe benefits as the worker may have been denied; to take such action as may be necessary to make the worker whole, including, but not limited to, awards of interest on the worker's actual damages and back pay from the date ofthe violation. These remedies shall be cumulative, and in addition to any fines imposed.
ARTICLE III. ENVIRONMENTAL PROTECTIONS
SECTION 1. Section 2-112-110 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-112-110 Commissioner - Additional powers and duties.
The Commissioner of Public Health shall have the following powers and duties: (a) Public health related powers and duties:
(Omitted text is unaffected by this ordinance)
(5) To enforce Section 4-4-332, Article VIII of Chapter 7-28 and all other code Code provisions applicable to bed bugs;
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(Omitted text is unaffected by this ordinance)
(b) Environmental protection powers and duties:
(Omitted text is unaffected by this ordinance)
(10) To issue an emergency or a non-emergency cessation order or an emergency or a non-emergency abatement order in accordance with the provisions of Section 11-4-025 of this Code and abate conditions that create a threat to public health;
(Omitted text is unaffected by this ordinance)
(15) Subject to the approval ofthe corporation counsel Corporation Counsel, to negotiate and execute on behalf of the City a lease, right of entry or other agreement authorizing the City to use or occupy, on a temporary basis, land owned or controlled by another for purposes of conducting an inspection, investigation, remediation, or other activities authorized in subsection (b) of this section;
(Omitted text is unaffected by this ordinance)
SECTION 2. Section 2-112-340 ofthe Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-112-340 Violation of rules and orders.
Any person who shall violate violates any rule or order of the Department for which no penalty is specifically provided shall be fined not less than $100.00 nor more than $500.00 for each offense.
SECTION 3. Section 11-4-025 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-4-025 Public nuisance cessation and abatement.
(Omitted text is unaffected by this ordinance)
(b) Emergency cessation and abatement.
Emergency cessation - Authority. The oemmissionef Commissioner is hereby authorized to issue an emergency cessation order to any person who the commissioner Commissioner concludes is (i) causing, creating or contributing to any activity or condition that poses an imminent and substantial risk to the public health or safety or to the environment; or (ii) operating a facility or conducting an activity without a required permit or other written authorization issued by the commissienef Commissioner.
Emergency abatement - Authority. In the event that the commissioner Commissioner concludes that any person is causing, creating or contributing to any activity or condition that has created, or is creating, an imminent and substantial risk to the public health or safety or to the environment, then the commissioner Commissioner may order such person to abate the risk within a time frame prescribed by the commissioner Commissioner.
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Duty to comply. Upon service of an order issued under this subsection (b), the person to whom the order is issued shall immediately comply with the requirements of the order. The duty to comply with such order shall arise at the moment of service of the order and shall continue until the_time of cancellation, if any, of such order by the commissionor. Commissioner, or until the order automatically expires in accordance with subsection (b)(9) of this section. Submittal of a demand for hearing as set out in subsection (b)(6) of this section shall not relieve any person of the duty to comply with the order issued by the commissioner Commissioner.
Authority to abate.
If the person to whom an order was issued under this subsection (b) does not comply with the requirements in the order as ordered by the commissioner Commissioner, then the commissioner Commissioner may undertake any abatement activities reasonably necessary to correct any imminent and substantial risk to the public health or safety or to the environment.
Nothing in this subsection shall be construed to prevent the eemfflissioner Commissioner from acting without issuing an emergency abatement or emergency cessation order, where issuing such order is not practicable and the activity or condition poses a current threat to public health or safety or to'the environment, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.
Cancellation of order. The commissionor Commissioner shall cancel a cessation or abatement order issued by the commissioner- Commissioner in accordance with this subsection (b) when the commissioner Commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissioReF Commissioner. Cancellation of the commissioner's Commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
Demand for a hearing. The person to whom an order was issued pursuant to this subsection (b) shall have 14 calendar days from the service date of the order to notify the commissioner Commissioner, on the appropriate form as provided by the commissioner Commissioner, of her or his the person's demand for a hearing. Failure to notify the commissioner Commissioner of a demand for a hearing in accordance with this subsection shall constitute a waiver of the opportunity for a hearing.
Initiation ofa hearing. Within 7 calendar days of receiving a demand for a hearing on the appropriate form as provided by the commissioner Commissioner, the commissioner Commissioner shall initiate an administrative hearing in the department of administrative hearings Department of Administrative Hearings, environmental safety hearings division Environmental Safety and Consumer Affairs Hearings Division, specifying the basis for the order, any related violations alleged in the order, and any allegation of noncompliance with such order. At the time of initiating such hearing, the commissioner Commissioner shall serve notice upon the person demanding the hearing of the date, time, the location ofthe hearing, and the penalties for failure to appear at the hearing.
Hearing. The hearing shall be commenced in the department of administrative hearings Department of Administrative Hearings, environmental safety hearings division Environmental Safety and Consumer Affairs Hearings Division, no later than 14 calendar days after the date on which the commissionor Commissioner received the demand for such hearing, unless a later hearing date is scheduled upon mutual consent ofthe parties. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's Commissioner's order.
Expiration of order. If a hearing is not initiated or commenced in accordance with the terms set out in subsection (b)(7) or subsection (b)(8) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the fourteenth
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calendar day after the date on which the commissioner- Commissioner received notice of the' demand for a hearing or at 11:59 P.M. on the hearing date scheduled upon mutual consent of the parties.
(c) Non-emergency cessation and non-emergency abatement. .
Non-emergency cessation - Authority. The commissioner Commissioner is hereby authorized to issue a non- emergency cessation order to any person, in the event that the commissioner Commissioner determines that any such person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner Commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above.
Non-emergency abatement - Authority.
If the commissioner Commissioner determines that any person is violating any of the provisions of this Code which are under the jurisdiction of the commissioner Commissioner or the rules and regulations promulgated thereunder or the conditions of any permit or authorization issued thereunder, but such violation has not created, or is not creating, an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above, then the commissionor Commissioner may provide the person with a written order to address and correct the violation(s) within a time frame prescribed by the commissionor Commissioner.
If the Commissioner determines that a public nuisance exists at a property, but the public nuisance does not create an imminent and substantial risk to the public health or safety or to the environment as defined in subsection (a)(1) above, then the Commissioner may provide the owner or operator of the property with a written order to address and correct the public nuisance within a time frame prescribed by the Commissioner.
Cancellation of order. The commissioner Commissioner shall cancel a cessation or abatement order issued by the commissioner Commissioner in accordance with this subsection (c) when the commissioner Commissioner determines that the person to whom an order was issued has complied with the requirements in the order as ordered by the commissionor Commissioner. Cancellation of the commissioner's Commissioner's order shall be made in writing and shall be served in the same manner as an order or notice may be served.
Duty to comply and demand for a hearing. Any person to whom the commissioner Commissioner issues an order under this subsection (c) shall comply with such -order as ordered by the eemmissioner Commissioner: provided, however, that if the person contests the order, she or he the person shall notify the eemmissioner Commissioner within 15 calendar days from the service date of the order, on the appropriate form as provided by the commissioner Commissioner, of her or his the person's demand for a hearing. If the person notifies the eemmissioner Commissioner of ber-ef4}is the person's demand for a hearing in accordance with this subsection, the order shall be stayed by the commissioner Commissioner until the department of administrative hearings Department of Administrative Hearings issues a final determination finding the person liable for one or more of the violations, or not liable for any of the violations, specified in the commissioeefe Commissioner's order, or affirming or vacating the commissioner^ Commissioner's order. Failure to notify the commissioner Commissioner of a. demand for a hearing in accordance with this subsection shall constitute a waiver ofthe -opportunity for a hearing, and the person to whom the commissioner Commissioner issued an order shall comply with the order and shall not recommence any operations or activities prohibited by such order unless the order is cancelled by the eemmissieneF Commissioner.
Initiation of a hearing. Within 30 calendar days of receiving a demand for a hearing on the appropriate form as provided by the eemmissiener Commissioner, the
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commissioner Commissioner shall initiate an administrative hearing in the department of administrative hearings Department of Administrative Hearings, onvironmontal safoty hearings division Environmental Safety and Consumer Affairs Hearings Division, specifying the basis for the order, and.any .related violations alleged in the order. At the time of initiating such hearing, the commissionor Commissioner shall serve notice upon the person demanding the hearing of the date, time, the location of the hearing, and the penalties for failure to appear at the hearing. Upon the conclusion of the hearing, in addition to the finding of liability or no liability and imposing of fines and penalties consistent with this section, the administrative hearings officer shall have the authority to affirm or vacate the commissioner's Commissioner's order.
Expiration of order. If a hearing is not initiated in accordance with the terms set out in subsection (c)(5) above, then the order that would have been the subject of such hearing shall expire at 11:59 P.M. on the thirtieth calendar day after the date on which the commissioner Commissioner received notice of the demand for a hearing.
Authority to abate.
If (i) the person to whom an order was issued under this subsection (c) does not comply with the requirements in the order as ordered by the commissioner Commissioner, and does not notify the commissioner Commissioner of her or his the person's demand for a hearing as provided in subsection (c)(4), or (ii) if any person does not comply with the requirements in the order after the department of administrativo hearings Department of Administrative Hearings has affirmed the commissioner's Commissioner's order, and such order has not been stayed by a court of competent jurisdiction, then the commissioner Commissioner may proceed to control, remove, dispose or otherwise abate the nuisance.
In the event that no viable or responsive owner or operator of a property where a public nuisance or any violation of this Code exists, the Commissioner may take appropriate steps in order to control, remove, dispose, or otherwise abate the nuisance or violation.
(d) Order or notice.
Content. The order or notice issued by the commissioner Commissioner under this section shall (i) be in writing; (ii) specify the activities to be ceased or the nuisance to be abated or the violation(s) to be corrected; (iii) specify the time frame within which the activities must be ceased or the nuisance must be abated or the violation(s) must be corrected; (iv) specify any related violations, for which the commissioner Commissioner seeks any remedy, that the person to whom such order or notice is issued is alleged to have committed; (v) inform such person of the time and manner to request a hearing before the department of administrative hearings Department of Administrative Hearings, to present evidence as to why the person is not liable for all or any of the violations specified in the eommissioner's Commissioner's order, and/or why the order should be vacated, and to contest any allegations specified in the order; and (vi) inform such person of the consequences of failing to request a hearing, and the consequences of failing to comply with the order or notice.
Manner of service. An order or notice issued by the commissioner Commissioner under this section shall be served (i) by first class or priority mail, or express courier service at the person's residence address or, if the person is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by facsimile transmission or e-mail at the person's facsimile or e-mail address or, if the person is a business entity, at the facsimile or e-mail address identified for its registered agent; or (iii) by personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or (iv) if service cannot be made by either of (i) or (ii) or (iii) above, when the alleged violator is the owner or manager of the property by
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posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found.
(3) Date of service. An order or notice issued by the commissionor. Commissioner under this section shall be deemed served (i) four days after mailing if issued by first class mail, (ii) upon delivery confirmation or four days after delivery to the United States Postal Service for delivery by priority mail with delivery confirmation if issued by priority mail, whichever occurs sooner, (iii) upon delivery confirmation or four days after delivery to an express courier service if issued by express courier service, whichever occurs sooner, (iv) at 9:00 A.M. on the next business day if issued by facsimile transmission or e-mail, (v) upon delivery if issued by personal service, or (vi) upon posting of the copy of the order or notice if issued as provided in subsection 11-4-025(d)(2)(iv) above, (e) Penalty, cost recovery and remedies.
Penalty. Failure to comply with an order or notice issued under this section constitutes a violation of this section and is a separate and distinct violation from any related or unrelated violations of any other provision of this Code. Any person who violates subsection (b) of this section shall pay a penalty of $5,000 per day for every day the person is in violation; and any person who violates subsection (c) of this section shall pay a penalty of $500 per day for every day the person is in violation. Such person incurs daily penalties for her or his violations of an order or a notice during the pendency of that order or notice, regardless whether that order or notice is ultimately cancelled or modified by the commissionor Commissioner.
Cost recovery. The eity City shall be authorized to bring a civil action to recover penalties from the person to whom an order or notice was issued under this section, and up to the amount of three times the abatement costs incurred by the department plus its attorney fees may be recovered in an appropriate action instituted by the corporation counselor Corporation Counsel or in a proceeding initiated by the commissioner Commissioner at the departmont of administrativo hearings Department of Administrative Hearings.
Liability. In addition to the penalties set forth herein-above, any person adjudicated liable for any related or unrelated offenses alleged by the CO r"R"FT"l IS GI o n G F Commissioner in an administrative hearing held pursuant to this section shall also be liable for all applicable penalties for those violations.
Injunction. In addition to any other remedies, penalties or means of enforcement, the commissioner Commissioner may request the corporation counsel Corporation Counsel to make application on behalf of the eity City to any court of competent jurisdiction for an injunction requiring compliance with this section or for such other order as the court may deem necessary or appropriate to secure such compliance.
SECTION 4. Section 11-4-120 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
11-4-120 Definitions.
Except as otherwise defined for purposes of a specific subsection, section, article or chapter in this Title 11, whenever the following words and phrases are used in this Title 11, they shall have the meanings ascribed to them in this section:
(Omitted text is unaffected by this ordinance)
"Recycle" or "recycling" means any process by which materials that would otherwise become municipal waste are collected, separated, or processed for the purpose of returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted
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products, but does not include the recovery of materials for fuel in combustion or energy production processes. This definition shall not prohibit any recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner, while the facility is otherwise primarily engaged in recycling
(Omitted text is unaffected by this ordinance)
.)
SECTION 5. Section 11-4-620 of the Municipal Code of Chicago is hereby amended by adding the language underscored as follows:
11 -4-620 Permitting of facilities, devices, or processes for control of air pollution.
(Omitted text is unaffected by this ordinance)
(c) Exceptions. An air pollution control permit shall not be required for any of the following equipment or under the following circumstances:
Residential heating plants;
Indoor fireplaces;
Self-service laundry washers and dryers;
Air conditioners and refrigerators;
Gas-fired cooking equipment;
Residential emergency or standby generators serving buildings of four or fewer dwelling units;
Bench-scale laboratory equipment used exclusively for chemical or physical analysis;
Repair, replacement, modification, or relocation specifically authorized or required under applicable federal or state law; provided, however, that in the case of such a repair or modification, the owner or operator shall notify the Commissioner in writing at least seven days prior to commencing the repair or modification;
Repair, replacement, modification, or relocation necessitated by an emergency before permission can be obtained, if the Commissioner subsequently determines that such action was taken based on a reasonable belief that an emergency had arisen, and that serious consequences would have resulted ifthe action was deferred; or
Other equipment or circumstances exempted by the Commissioner in accordance with rules promulgated pursuant to this article.
(Omitted text is unaffected by this ordinance)
SECTION 6. Section 11-4-1935 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-4-1935 Construction site reprocessing authorization.
(a) (1) Written authorization required. No person shall engage in the reprocessing of reprocessable construction/demolition materials or the temporary storage of reprocessed materials in the City without having first obtained a written construction site reprocessing authorization from the Commissioner. Application for a construction site reprocessing authorization shall be made on forms provided by the Commissioner for such purpose. Applicants shall provide the following information:
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the applicant's contact information;
written consent from the owner, or the owner's authorized agent, of the property on which the reprocessing or temporary storage will occur;
a description and estimated Quantity ofthe material proposed to be reprocessed or temporarily stored;
a description of the planned end-use for the reprocessed material;
and
any other information reasonably deemed necessary by the Commissioner to ensure the construction site reprocessing operation can operate as proposed, is protective of public health and the environment, and will not cause a public nuisance.
(2) Conditions for issuance of authorization. Except as otherwise provided in subsection (a)(2- 3) and subsection (a)(3 4) of this section, the Commissioner shall not issue a construction site reprocessing authorization unless roprocossable construction/domolition materials generated from construction, demolition or renovation may bo reprocessed, as defined in Section 11 ¦ 4-1910, and stored on a temporary basis on the site at which the construction, demolition or renovation occurred if all of the following requirements are met:
(i) before any reprocessing occurs on the demolition site, such reprocessing is reviewed, authorized and approved in writing by tho Commissioner; and
(W) tho ownor of tho property on which tho roprocossing or temporary
storage occurs or tho owner's authorized agont consents in writing to such roprocossing and temporary storage; and
(iii) the construction/demolition material to be reprocessed does not contain lead, asbestos or any other hazardous material of the type that renders recycling of such material illegal or impossible; and
contractor (A) verifies that each load of material to be reprocessed does not contain lead, asbostos or any othor hazardous matorial of tho typo that renders recycling of such material illegal or impossible; and (B) creates and maintains a written record documenting tho results-ef
ci iph \/orifipntion* nnH (C\\ nrnv/iHp^ n rnnv nf thr> \A/ritton rprnrH rpniiirpH iinriprthi^ n^r^nr^nh
OUorI VUrtt TtsCl ttUrrj CXrl\J \ V_/ I VJI \J v tU\JO Cl \y\JUJ y \Ji Ll IO Wt tltvJI r^iXJL/VJI \J 1^ II I IO LLFCII Clyr GLL/1 r
(iv) to the owner or operator ofthe property on which the reprocessing occurs. The written
record required under this paragraph (iv) shall be kept on file by the ownor or operator and
contractor for a period of three years and, upon request by any authorized city official, shall be
made-available-wifowt-uf^^ official; and
(v-)(ii) all reprocessing of such construction/demolition material occurs on the site at which the demolition occurred; and
(v+Hiii) the reprocessed construction/demolition material is used solely on the site at which the demolition occurred for construction activities occurring on such site; and
(vtt)(iy) the contractor is in compliance with the setback requirements for equipment and materials set forth in subsection (a)(4)(5) ofthis section.
(3) Governmental entities - Requirements. A governmental entity, as defined in Section 11-4-1910, shall not be subject to the requirement set forth in paragraph (vi) of subsection (a)(1) of this section, and such governmental entity may transfer for reuse off the site at which the demolition occurred any reprocessable construction/demolition material generated from such demolition if all of the following requirements are met:
(Omitted text is unaffected by this ordinance)
{4J Good faith reprocessor - Requirements. A person shall not be subject to paragraphs (v) and (vi) of subsection (a)(1) of this section, and may reprocess construction/demolition material on a site at which the demolition did not occur, if all of the following requirements are met:
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(Omitted text is unaffected by this ordinance)
(4) (5) Setback requirements. No reprocessing device or stockpile of
reprocessable construction/ demolition material or of reprocessed construction/demolition
material shall be located in the following places:
(Omitted text is unaffected by this ordinance)
(6) Operating requirements. Prior to reprocessing such construction/demolition material, the contractor shall:
verify that each load of such material to be reprocessed does not contain lead, asbestos, or any other hazardous material of the type that renders recycling of such material illegal or impossible;
create and maintain a written record documenting the results of
such verification; and
provide a copy of the written record reguired under this subsection (a)(6) to the owner or operator of the property on which the reprocessing occurs. The written record required under this subsection (a)(6) shall be kept on file by the owner or operator and contractor for a period of three years and, upon request by any authorized City official, shall be made available without undue delay for inspection by such authorized Citv official.
(5) [7) Duration of authorization. The written authorization issued under
subsection (a)(1) of this section shall be valid for a period of three months, as measured from
the date on which such authorization is issued. Provided, however, that upon application to the
Commissioner, such authorization may be extended for an additional period(s) of time, each of
which additional period shall not exceed three months, so long as construction/demolition
material requiring reprocessing and reprocessing equipment remain on the site. Any
reprocessable or reprocessed construction/demolition material that is not used on or removed
from the site within three months of the date on which the temporary authorization is issued or
extended under this section shall be subject to the construction site cleanliness rules and
regulations for the maintenance of construction site stockpiles and prevention of the off-site
dispersion of dust and debris from construction sites promulgated by the department under
Section 11-4-765.
(64(8) Enforcement. It shall be unlawful for any person to violate any of the requirements set forth in this subsection (a). In addition to any other penalty provided by law, any person who violates any of the requirements of this subsection (a) shall be subject to the penalty set forth in subsection (d) ofthis section. In addition, any authorization issued under this subsection (a) shall be subject to suspension or revocation for cause by the Commissioner following notice in accordance with the applicable provisions of subsection (d) of Section 11 -4-025 and an opportunity to demand a hearing in accordance with the procedures set forth in subsection (c) of Section 11-4-025.
(Omitted text is unaffected by this ordinance)
SECTION 7. Section 11-4-2550 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-4-2550 Permit-Fees.
(a) The term of a recycling facility permit shall be for no more than three years. The three-year permit fee shall be:
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Class I $300.00
Class II
Less than 500 tons per day $1,500.00
500 to 1,000 tons per day $2,250.00
More than 1,000 tons per day $3,000.00
Class III $3,000.00
Class III recycling facility permit for a not-for-profit applicant that conducts
a composting operation of less than 4,000 tons per year $300.00
Class IV $3,000.00
Class V $4,500.00
Permits for less than a three-year period shall be assessed a prorated fee.
(b) Aft The term of an urban farm accessory composting operation permit shall havo a throo-yoar term be for no more than three years. The three-year permit fee shall be $300.00. Permits for less than a three-year period shall be assessed a prorated fee.
SECTION 8. Section 11-4-2640 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-4-2640 Facility requirements.
In addition to any other requirements under the Municipal Code, rules and regulations or a permit and its conditions, recycling facilities permitted requiring a permit under this article shall meet the following requirements:
(Omitted text is unaffected by this ordinance)
ARTICLE IV. OUT-OF-CITY WATER SERVICE
SECTION 1. Section 11-12-640 ofthe Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-12-640 Out-of-city service.
The commissioner Commissioner is authorized to supply water at the eity City limits to private persons or corporations for all premises located in any area outside the corporate limits of the e+ty City, but only when specifically in each case authorized to do so by order of the eity council Citv Council. The authority herein granted to the said commissionor Commissioner shall not be extended to private persons or corporations when said service can be furnished by the city, village, township or sanitary district within the boundaries of which the private persons or corporations are located; provided, however, when said service cannot be furnished immediately then upon written notice to said commissionor Commissioner from the properly authorized officials that they have no water supply in the immediate vicinity and have no objection to the City of Chicago supplying said service, provided it meets with the other eity^s citv, village, township or sanitary district's approval, then the service may be obtained after it is duly authorized so to do by an order of the Gity-eouncil City Council.
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SECTION 2. Section 11-12-660 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
11-12-660 Permit.
Upon the approval of such application by the commissionor Commissioner, said commissioner Commissioner may authorize the issuance of a permit to tap the city's City's water mains at a location to be designated by him the Commissioner for the purpose of securing water supply for the premises of applicant, said permit to be issued to and the work therein authorized to be done by a bonded and licensed plumber in accordance with the ordinances of the eity City. The fee for issuing such permit shall be $10.00 100.00, plus an additional $50.00 for each connection of three inches or less in diameter and an additional $25.00 100.00 for each connection over three inches in diameter.
Such permit shall net only be transferred or assigned to another person upon issuance of an updated permit to the transferee. On or before December"31 of each year, the Commissioner shall deliver a report to the City Council summarizing all transfers of out-of-city accounts.
ARTICLE V. SHORT-TERM RENTAL REFORMS
SECTION 1. Section 4-4-120 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and deleting the language struck through, as follows:
4-4-120 Unlicensed businesses - Liability of third-party facilitator.
(Omitted text is unaffected by this ordinance) (c) As used in this section:
(Omitted text is unaffected by this ordinance) "Property" means real or personal property.
"Third-party facilitator" or "facilitator" means any person who operates or maintains an application to connect customers with clients. The term "third-party facilitator" or "facilitator" does not include: (1) short term residential rental intermediaries er—short—term residential rental advertising platforms as those that terms are is defined in Section 4-13-100; or (2) transportation network providers as defined in Section 9-115-010; or (3) any other category of persons exempt from this section by express provisions of this Code
SECTION 2. Section 4-5-010 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
4-5-010 Establishment of license fees.
This chapter shall establish fees for various licenses created by this title unless otherwise provided. The following fees shall apply for the specified licenses. The chapter in which each fee requirement is created is also provided. Unless otherwise stated, fees shall be
22
assessed every two years. For every license application which includes fingerprinting of the applicant as part of the application process, a fingerprint fee sufficient to cover the cost of processing fingerprints will be assessed in addition to the below fees. The fingerprint fee will be assessed regardless of whether the license applied for is issued or denied. The amount of the fee will be set forth by regulation promulgated by the Commissioner of Business Affairs and Consumer Protection.
(Omitted text is unaffected by this ordinance)
(36) Short Term Residential Rental If the intermediary has 1,000 or more short
Intermediary (4-13) term residential rentals listed on its
platform: $10,000.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform;
If the intermediary has 500 to 999 short term residential rentals listed on its platform: $7,500.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform; and
If the intermediary has 100 to 499 short term residential rentals listed on its platform: $5,000.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform; t
If the intermediary has 50 to 99 short term residential rentals listed on its platform: $1,000.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform;
If the intermediary has 25 to 49 short term residential rentals listed on its platform: $500.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform;
If the intermediary has 10 to 24 short term residential rentals listed on its platform: $350.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform; and
If the intermediary has 1 to 9 short term residential rentals listed on its platform: $250.00 license fee, plus a $60.00 per unit fee for each short term residential rental listed on its platform.
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(37) Short—-Term—Rosidontial—Rental If tho advertising platform has 1,000 or
Advertising Platform (4-13) moro short torm rosidontial rentals listed
_ If the advertising platform has 500. to 999
short torm residential rentals listed on its platform: $7,500.00 license fee; and If tho advertising platform has 1 to 499 short term residential rentals listed on its platform: $5,000.00 license fee.
(Omitted text is unaffected by this ordinance) (42 44) Sports Wagering (Article VII of Chapter 4-156) '
(Omitted text is unaffected by this ordinance)
SECTION 3. Chapter 4-13 of the Municipal Code of Chicago is hereby amended by deleting Article III in its entirety, adding the language underscored, and by deleting the language struck through, as follows:
ARTICLE I. DEFINITIONS (4-13-100 etseq.)
4-13-100 Definitions.
As used in this chapter:
(Omitted text is unaffected by this ordinance)
"Licensee" has the meaning ascribed to that term in Section 4-4-005.
"Platform" means an internet-enabled application, mobile application, or any other digital platform used to connect guests with a short term residential rental-provider- Provider.
"Provider" means a-shert term residential rental-provider- any person who offers for rent a short term residential rental.
"Restricted residential zone" has the meaning ascribed to that term in Section 4-17-010.
"Shared housing host" has the meaning ascribed to that term in Section 4-14-010.
^hared-Housing-Qrdinance" means the ordinance passed by the-Ghieago City Council on Jueo 22, 2016 and publishod in tho Journal of tho Procoodings of the City Coueetl of tho City
"Shared housing unit" has the meaning ascribed to that term in Section 4-14-010.
"Shared housing unit operator" means any person that requires a shared housing unit operator license under Chapter 4-16 of this Code.
24
"Short term residential rental" means a dwelling unit located within the City that is rented as,, or held out as being used as, a shared housing unit, bed-and-breakfast establishment^ or vacation rental, or dwelling units that require a license or registration under this Code to engage in the business of short term residential rental.
"Short term residential rental intermediary" or "intermediary" means any person who, for compensation or a feef-(4-) uses a platform to connect guests with a short term residential rental provider for the purpose of renting a short term residential rental, and (2) primarily lists sharod housing units on its platform.
"Short torm rosidontial rental advertising platform" or "advertising platform" moans any person who, for compensation or a foo: (1) usos a platform to connect guests with a short torm rosidontial rental provider for the purpose of renting a short torm rosidontial rental, and (2) primarily lists licensed bed-and-breakfast establishments, vacation rentals or hotels on its platform or dwelling units that require a license under this Code to ongago in tho business of short term residential rental
"Short torm residential rental provider" means any person who offers for Fent a short torm
I U CJl LJ UI I Ll Ul | C7I I Id I.
(Omitted text is unaffected by this ordinance)
ARTICLE II. SHORT TERM RESIDENTIAL RENTAL INTERMEDIARY (4-13-200 etseq.)
4-13-200 License - Required.
No person shall engage in the business of short term residential rental intermediary without first having obtained an intermediary license under Article II of this Chapter 4-13. The holder of an intermediary license is entitled to primarily list shared housing units short term residential rentals on its platform in accordance with this Article II. Listings on the intermediary's platform of vacation rentals, bed-and-breakfast establishments and hotels are also permitted in accordance with this chapter.
4-13-210 License application - Additional information required.
(a) In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a license to engage in the business of short term residential rental intermediary shall be accompanied by the following information:
the name, address and contact information of the intermediary's local contact person;
an affidavit from the local contact person identified in the license application attesting that such local contact person: (i) is designated for service of process; (ii) is authorized by the applicant or licensee to take remedial action and to respond to any violation of this Code; and (iii) maintains a residence or office located in the eity City;
(3) proof of all required insurance, as set forth in Sections 4-13-220(a) and 4-
13-220(b);
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a written plan, subject to the approval of the commissioner, describing the
applicant's procedures, processes and policies for ensuring that the applicant and any short term
residential rental provider Provider utilizing the platform are, and will remain, in compliance with
this Chapter 4-13; _
a quality of life plan, subject to the approval of the commissioner Commissioner, meeting the requirements of Section 4-13-220(h); and
any other information that the commissioner Commissioner may reasonably require in connection with the issuance or renewal of the license.
(b) It is a condition of the license that all information in the application be kept current. Any change in required information shall be reported to the dbpartmont Department in accordance with Section 4-4-050(b).
4-13-215 Attestation - Acknowledgment - Required.
The intermediary shall be required to make available in a conspicuous place on its platform an electronic copy of a summary of the following requirements of tho Sharod Housing Ordinance, including: (1) the provider's need to obtain from the department Department a valid registration or license number, as applicable, for the short term residential rental prior to advertising it for rent, listing it on the platform, renting it or booking it for future rental; (2) the requirement that a shared housing host must be a natural person; (3) the eligibility requirements for registration or licensure with the department Department of a shared housing unit short term residential rental, as set forth in Chapters 4-13^ aftd-4-14, and 4-16 and Sections 4-6-180, 4-6-290 and 4-6-300 of this Code^ when applicable; and (4) the potential penalties for violation of this Chapter the Shared Housing Ordinance. As a condition of listing a sharod housing unit short term residential rental on the platform, the intermediary shall require the shared housing host Provider to: (1) attest that the host Provider has reviewed the summary of the requirements of this ordinance, and (2) acknowledge that the listing, rental and operation of shared housing units short term residential rentals in the City are subject to those requirements.
4-13-220 Legal duties.
(Omitted text is unaffected by this ordinance)
Compliance with rental, homeowners association and cooperative building agreements - Required. Each licensee under this Article II shall post a notice on its platform informing short4erm residential rental providers Providers that the provider Provider must comply with all existing applicable rental agreements or homeowners association or cooperative building rules or restrictions regarding rental of the short term residential rental for transient occupancy.
Descriptive listing information - Required. Each licensee under this Article II shall post a notice on its platform informing short torm rosidontial rental providers Providers that every listing on the intermediary's platform must include the information required under Section 4-14-040(a)(1) through (a)(4), inclusive.
Process to remove listings from a platform - Required. Each licensee under this Article II shall establish a process, to be approved by the commissioner Commissioner, that
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enables a short torm rosidontial rental provider- Provider to remove from the intermediary's platform any or all ofthe provider's listings on such platform.
(h) Process to address quality of life.concerns due to units on ineligible list- Required.
Each licensee under this Article II shall establish and comply with a process, to be approved by
the commissioner Commissioner, for mitigating the impact on quality of life of any short term
residential rental determined by the department Department to be ineligible for listing on a
platform under Section 4-13-260 or any hotel, bed-and-breakfast establishment or vacation rental
that is not properly licensed under Chapter 4-6 of this Code.
(i) Compliance with written plan - Required. Each licensee under this Article II shall
comply with any written plan approved by the commissionor Commissioner pursuant to Section
4-13-210(a)(4).
(j) Posting license and registration numbers on listings - Notification to providers -Required.
Each licensee under this Article II shall advise short torm rosidontial rental providers Providers, by posting a notice in a conspicuous place on its platform or otherwise, that such providers Providers are required under the Code to: (i) obtain a valid registration or license number, as applicable, for the short term residential rental prior to advertising it for rent, listing it on the platform, renting it, or booking it for future rental; and (ii) post the applicable registration or license number on the platform as part of the provider's listing.
Each licensee under this Article II shall establish a process, to be approved by the commissioner Commissioner, to ensure that providers Providers have the ability to include the registration or license number, as applicable, of any shared housing uniVbetelT bed-and-breakfast establishment or vacation rental short term residential rental listed by such provider on the licensee's platform.
(k) Approved means of data transmission - Required. Each licensee under this Article II shall use an approved application program interface ("API") or other approved electronic means required by the department Department to transmit data and other communications to the department Department and to receive data and other communications from the department Department.
4-13-230 Shared housing units - Registration of unit by provider Provider with department Department required - Advertising, listing, renting, and booking for future
rpnt^l rnT>hihitf*H va/hpn
I \* I I lu I prvi 11 uI \a v v I lu I ¦¦
(a) Shared housing hosts—Duties—Prohibited acts. Prior to advertising for rent, listing
on a platform, renting, or booking for future rental any short term residential rental or portion
thereof, the shared housing host Provider shall either: (i) successfully register such unit short term
residential rental with the department Department in-aeeoreanee-witb if so required pursuant to
Section 4-14-020, as evidenced by the assignment of a unique registration number to such unit
by the department Department; or (ii) ensure the short term residential rental is licensed pursuant
to Sections 4-6-180, 4-6-290, or 4-6-300, as applicable. It shall be unlawful for any shared host
to-aeVer-tlse-for-renMist-oi^a-platfo^ rental, any shared-heusing-unitf-f1-)
jaf4mer4t-Deeaitmej^assigns-a-unique-registra
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er-(3-)-without including tho registration number on any advertisement, listing, rental agreement,
or booking. Any shared housing host who violates this subsection (a) shall bo subject to tho
penalty sot forth in Section 4-14-090(a)r ... . _. _.
(&) Departmental duties. Upon receipt of a registration application for a shared
housing unit, the department shall dotormino whether the unit identified in the registration
determines that the shared housing unit is eligible for registration, the department shall assign a unique registration numbor to tho sharod housing unit and shall notify the shared housing unit of such fact. If tho department determines that the sharod housing unit is ineligible for registration undor Section 4-13-260, tho notification and hearing process set forth in Section 4-13-260(b) shall
apply-
4-13-235 Intermediaries - Prohibition on booking service transactions - Applicable when.
It shall be unlawful for any licensee under this Article II to process or complete any booking service transaction for any: (1) shared housing unit or portion thereof, unless such unit has first been registered with the department Department within the meaning of Section 4-13-230(a), or (2) vacation rental, bed-and-breakfast establishment or hotel, or any portion thereof, unless such establishment is properly licensed under Chapter 4-6 of this Code.
4-13-240 Data and reports - Required.
Departmental report - Required. Each licensee under this Article II shall submit to the department Department, every two months, a report, in a form approved by the commissionor Commissioner, that contains the following information about each of the short term residential rentals listed through the intermediary's platform during the applicable reporting period: (i) the total number of short term residential rentals listed on the platform during the applicable reporting period; (ii) the license or registration number of each short term residential rental listed on the platform during the applicable reporting period; (iii) the address, including the unit number if applicable, of each short term residential rental listed on the platform during the applicable reporting period; (iv) the exact number of nights that each short term residential rental listed on the platform was rented to guests during the applicable reporting period; (v) the amount of rent paid by guests in connection with the rental of each short term residential rental listed on the platform during the applicable reporting period; (vi) the total amount of tax paid by the intermediary to the eity City under Section 3-24-030 in connection with the rental of each short term residential rental listed on the platform during the applicable reporting period; and (vii) a cumulative tally to date of the number of nights that each short term residential rental listed on the platform is booked for rental during the remaining months of the applicable calendar year.
Additional departmental reports - Required when. Upon request by the eemmissioner Commissioner, each licensee under this Article II shall submit to the department Department, in a form and manner prescribed by the commissioner Commissioner, data, identifying the total number of shared housing-unit short term residential rental that have been rented for more than 30 nights, or for any other period of nights during the current, previous, or subsequent calendar year, that the commissioner Commissioner reasonably determines is necessary to assist the department Department in enforcing this Chapter 4-13 or Chapters 4-14 or 4-16 or Sections 4-6-180, 4-6-290 and 4-6-300 of this Code.
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Aldermanic report - Required. Each licensee under this Article II shall have a duty to submit to each alderman and to the department Department, every two months, a report, in a form approved by the commissioner Commissioner, that contains, on a ward specific basis for the respective ward, the information set forth in items (i) through (vii) of subsection (a) of this.section about each of the short term residential rentals listed on the intermediary's platform during the applicable reporting period.
Maintaining books and records - Required. Each licensee under this Article 11 shall keep accurate books and records and maintain such books and records for a period of three years.
Additional reports and data. Each licensee under this Article II shall provide additional reports and data to the department as provided by the commissionor Commissioner in rules.
Form of data and report submission. The information contained in the reports required under subsections (a), (b) and (c) of this section may be submitted in an anonymized form that removes personally identifiable information about the short torm rosidontial rental provider Provider. Provided, however, that if the information required under subsections (a), (b) or (c) has been submitted in an anonymized form and the eemmissioner Commissioner requires de-anonymized information about a the short torm residential rental provider Provider or short term residential rental in connection with an audit conducted by the department Department to determine compliance with this Chapter 4-13 or Chapters 4-14 or 4-16 of this Code, or the commissioner Commissioner reasonably determines that a short term residential rental provider-Provider or short term residential rental is: (i) the scene of a crime or other illegal act under investigation by any local, State or Federal law enforcement agency, or (ii) operating in violation of this Chapter or Chapters 4-14 or 4-16 of this Code or any other applicable provision of this Code, including, but not limited to, the Chicago Zoning Ordinance, the commissioner Commissioner may issue an order, in the form of a subpoena, directing the intermediary to provide the information in a de-anonymized form, including, but not limited to, the name of the short term rosidontial rental provider Provider, the address of the short term residential rental, the details of the unit's rentals, and any information within the control or possession of the intermediary regarding the guests of the shared housing unit short term residential rental or the rental of the unit. The intermediary shall, within 21 calendar days of the date on which such order is issued, either provide the de-anonymized information or file a legal objection to such order in writing with the commissioner Commissioner. If the intermediary or shared housing host files a legal objection, the commissioner Commissioner shall provide a hearing on the objection within 10 business days, as provided by rule. The commissioner Commissioner determination shall be final and may be appealed in the manner provided by law. Nothing in this subsection shall be considered a limitation or restriction on the commissioner's Commissioner's powers and duties under Chapter 2-25.
4-13-260 Ineligibility - Listing on platform by a provider prohibited when.
(a) Conditions of ineligibility for listing. A short term residential rental shall be ineligible for registration with the department Department as a shared housing unit or for licensure as a bed-and-breakfast establishment or vacation rental, and shall not be listed by a provider on a platform, under the following conditions:
(1) Nuisance. When, in the determination of the eemmissieneF Commissioner, the rental of the short term residential rental creates a nuisance because at least two separate
29
incidents involving illegal activity or objectionable conditions, as those terms are defined in Section 4-14-010, occurred, in any combination, during a 12-month period: (i) in the any short term residential rental operated by the Provider: or (ii) in or on the premises in which the short term residential rental is located; or (iii) in the. short term residential rental's parking facility; or (iv) on adjacent property. For purposes of determining whether any nuisance occurred during a 12-month period, such illegal activity or objectionable conditions shall be limited to acts ofthe guests or invitees of the guests, or to acts otherwise involving circumstances having a nexus to the operation ofthe short term residential rental while rented to a guest; or
(Omitted text is unaffected by this ordinance)
(5) Suspension or revocation. When any license or registration of any Provider person engaged in the business of short torm residential rental or sharod housing unit operator is suspended or revoked under this Code; or
(Omitted text is unaffected by this ordinance)
(9) Building owner prohibits all vacation rentals or shared housing units from operating in such building. If the building contains five or more dwelling units, when the owner of the building or an individual authorized by the owner of the building notifies the eemmissioner Commissioner, in a manner prescribed by rule, that no keonsod vacation rentals or sharod housing units short term residential rentals are permitted to operate anywhere in such building. Provided, however, that if the building is a cooperative building, condominium building or building governed by a homeowners' association, the requirement that such building must contain five or more dwelling units shall not apply for purpose of this subsection (a)(9); or
(Omitted text is unaffected by this ordinance)
(11) Short term residential rental Shared housing unit or vacation rental is located in a restricted residential zone and was not a legally established use as of the effective date of the ordinance establishing such zone. If the short term residential rental is a shared housing unit or vacation rental, when: (i) such short term residential rental is located in a restricted residential zone, and (ii) such shared housing unit or vacation rental, as applicable, was not a legally established use within the meaning of Section 4-17-070 as of the effective date of ihe ordinance establishing such restricted residential zone; or
(Omitted text is unaffected by this ordinance)
(b) Ineligibility for listing on a platform - Notification process. Upon determining that a short term residential rental is ineligible under this subsection to be listed on a platform, the commissionor Commissioner shall notify the short term residential rental provider Provider and intermediary, in writing, of such fact and of the basis for the determination of ineligibility. Such notice shall include a statement informing the short term residential-rental provider Provider and the intermediary that such provider Provider may, within 10 calendar days of the date on which the notice was sent, request, in a form and manner prescribed by the eommiseioneF Commissioner in rules, a hearing before the commissioner Commissioner to contest the determination of ineligibility for listing. The notice shall also advise the short term residential-rental provider Provider and intermediary that the provider Provider is entitled to present to the commissioner Commissioner any document, including affidavits, related to the Gemmissienere Commissioner's determination. If requested, a hearing before the commissioner Commissioner shall commence within 10 business days of receipt of such request. Within 60 calendar days of
30
completion of the hearing the eemmissioner Commissioner shall either affirm or reverse such determination based upon the evidence presented. The commissioner's Commissioner's determination shall be final and may be appealed in the manner provided by law. If a short torm residential rental provider Provider fails to request a hearing within the prescribed time, the commissioner's Commissioner's determination shall be final and the short term residential rental shall be deemed ineligible for listing on the platform.
4-13-270 Departmental duties.
Duty to maintain a database of short term residential rentals. The commissioner Commissioner shall maintain a database, by address, of all short term residential rentals currently licensed by or registered with the department Department under the applicable provisions of this Code.
Duty to maintain ineligibility database. The commissioner Commissioner shall prepare and maintain a database of all short term residential rentals that are ineligible to be advertised for rent by a provider, listed on a platform by a provider, rented by a provider, or booked for future rental by a provider. Such database, which shall be updated by the commissioner Commissioner without undue delay following a determination of ineligibility under Section 4-13-260, shall include the date on which the database was most recently updated and shall be made available by the commissionor Commissioner to all licensed platforms in a form and manner prescribed by the commissioner Commissioner.
Duty to maintain prohibited buildings list - Removal process. The eemmissioner Commissioner shall maintain a list, which shall be known as the prohibited buildings list, identifying the address(es) of all buildings whose owner(s), including any applicable homeowners association or board of directors, or an individual authorized by the owner of the building have has notified the commissionor Commissioner, pursuant to Section 4-13-260(a)(9), that no vacation rentais-or shared housing units short term residential rentals, in any combinatierh are permitted to operate anywhere in such building. The commissioner Commissioner shall: (1) post the prohibited building list on the City of Chicago website; (2) establish a process by rule for verifying any notification received from a building owner(s) requesting the commissioner Commissioner to include such building on the prohibited buildings list; and (3) establish a process, by rule, to enable building owners to remove buildings from the prohibited buildings list.
Duty to maintain restricted residential zone list. The City Clerk shall publicly post online a list of current restricted residential zones in conformity with Section 4-17-060.
ARTICLE 11I .-SHORT-TE RM-RE^ seqj
(Article III is deleted in its entirety.)
ARTICLE IV. ENFORCEMENT (4-13-400 et seq.)
4-13-400 Rules.
The eGmm+ssiener Commissioner is authorized to promulgate rules necessary or appropriate to implement this chapter.
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SECTION 4. Chapter 4-17 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
4-17-010 Definitions.
As used in this Chapter:
(Omitted text is unaffected by this ordinance)
"Shared housing unit(s)" has the meaning ascribed to that term in Section 4-14-010.
"Short term rosidontial rental advertising platform" has the meaning ascribod to that term in Section 4 13 100.
"Short term residential rental intermediary" has the meaning ascribed to that term in Section 4-13-100.
"Short term residential rental provider Provider" has the meaning ascribed to that term in Section 4-13-100.
"Vacation rental(s)" has the meaning ascribed to that term in Section 4-6-300.
4-17-070 Lawfully established uses - Permitted.
If a shared housing unit or vacation rental that is located within a restricted residential zone was registered with or licensed by the City under Chapter 4-16 of this Code or Section 4-6-300 as of the effective date of the ordinance establishing such zone, such shared housing unit or vacation rental shall be deemed to be lawfully established and, notwithstanding any ordinance under this Chapter to the contrary, may be listed on a short term residential rental intermediary's platform or short term residential rental advertising platform or rented in conformity with Chapter 4-16 or Section 4-6-300, as applicable, until such time that the applicable registration or license is allowed to expire, as evidenced by non-renewal of the registration or license, or ownership or tenancy of the shared housing unit or vacation rental, as applicable, is transferred to another person. The burden of proof shall be on the short term residential rental provider-Provider to establish that the shared housing unit or vacation rental was properly registered with or licensed by the eity City as of the effective date of the ordinance establishing the"restricted residential zone.
ARTICLE VI. CATCO
SECTION 1. Findings.
The City of Chicago ("City") is a home rule unit of government as defined in Article VII, Section 6(a) of the Illinois Constitution, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
The City owns and operates Chicago O'Hare International Airport ("O'Hare") and possesses the power and authority to lease its premises and facilities and to grant other rights and privileges with respect thereto; and
Pursuant to ordinance 02018-1124 (the "AULA Ordinance"), printed in the Journal of the Proceedings of the City Council ofthe City of Chicago for the regular meeting held on March 28,
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2018, on pages 72584 through 73289, the City Council ofthe City of Chicago (the "City Council") authorized the Mayor of the City of Chicago (the "Mayor") to execute a new form of Chicago O'Hare International Airport Airline Use and Lease Agreement (defined therein, the "New Airline Use and Lease Agreement") with air carriers specified therein as well as other air carriers as may be recommended by the Commissioner of the Chicago Department of Aviation (the "Commissioner") from time to time; and
The Mayor has exercised authority delegated under the AULA Ordinance to execute agreements in the form of the New Airline Use and Lease Agreement with multiple air carriers that operate at O'Hare; and
Pursuant to ordinance SO2018-3040 (the "CATCo Ordinance"), printed in the Journal of the Proceedings of the City Council of the City of Chicago for the regular meeting held on April 18, 2018, on pages 75691 through 76016, the City Council authorized the Mayor to execute a new agreement with the Chicago Airlines Terminal Consortium ("CATCo") substantially in the form attached thereto; and
On May 12, 2018, the Mayor and CATCo executed an agreement (the "CATCo Agreement") substantially in the form of the agreement approved by the CATCo Ordinance; and
Certain provisions of the CATCo Agreement conflict with those in the New Airline Use and Lease Agreement; and
It is therefore necessary and desirable for the City to enter into an amendment of the CATCo Agreement to correct for any such conflicts.
SECTION 2. The Mayor or the Mayor's proxy is hereby authorized to execute, upon the recommendation of the Commissioner, an amendment to the CATCo Agreement to correct for conflicts between the CATCo Agreement and the New Airline Use and Lease Agreement solely by removing from CATCo's duties CATCo's responsibility to hire and oversee a Scheduling Manager and a Ramp Manager, each as defined in the CATCo Agreement. For the avoidance of doubt, the authorization to execute an amendment to the CATCo Agreement herein is limited exclusively to those described in this Section 2.
SECTION 3. The Commissioner and such other City officials and employees as may be required are authorized to take such actions and execute such other documents as may be necessary or desirable to implement the objectives of this article.
ARTICLE VII. RESOLUTION
SECTION 1. The Resolution attached as Exhibit A to this Article, which calls for the City to apply the seven principles outlined by the U.S. Interagency Council on Homelessness to address homelessness in Chicago, is hereby adopted and passed.
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EXHIBIT A
RESOLUTION
WHEREAS; It is said that "the true measure of any society can be found in how it treats its most vulnerable members"; and
WHEREAS; This quote, widely attributed to Mahatma Gandhi, resonates in Chicago with a power undiminished by time, in particular with regard to the homeless; and
WHEREAS; While addressing homelessness in Chicago has traditionally been an ongoing challenge, that challenge has increased in the wake of the economic and social disruption caused by the COVID-19 pandemic; and
WHEREAS; Addressing homeless encampments in an effective and respectful manner poses a challenge to many municipalities across our Country; and
WHEREAS; Founded in 1987, the United States Interagency Council on Homelessness ("USICH") is an independent federal agency within the U.S. executive branch that leads the implementation of the federal strategic plan to prevent and end homelessness; and
WHEREAS; In June ofthis year, USICH published a guidance document titled "7 Principles for Addressing Encampments" ("7 Principles"). USICH states that "[t]here is no one-size-fits-all solution to encampments, but the following principles—developed by USICH in coordination with the departments of Housing and Urban Development (HUD), Justice (DOJ), and Veterans Affairs (VA); Centers for Disease Control and Prevention (CDC); and several national partners—can help communities more effectively address encampments"; now, therefore,
BE IT RESOLVED That we, the Mayor and Members of the City Council of the City of Chicago, express our thanks and appreciation to USICH for issuing the 7 Principles, which are stated as follows:
Pr Pr Pr Pr Pr Pr Pr
nciple 1: Establish a Cross-Agency, Multi-Sector Response
nciple 2: Engage Encampment Residents to Develop Solutions
nciple 3: Conduct Comprehensive and Coordinated Outreach
nciple 4: Address Basic Needs and Provide Storage
nciple 5: Ensure Access to Shelter or Housing Options
nciple 6: Develop Pathways to Permanent Housing and Supports
nciple 7: Create a Plan for What Will Happen to Encampment Sites After Closure
BE IT FURTHER RESOLVED that we encourage all who are interested in the effort to end homelessness to familiarize themselves with the details that make up each of the 7 Principles, available at:
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library/Principles for Addressing Encampment s 1.pdf; and
BE IT FURTHER RESOLVED that we commit, through the work of the City's departments and agencies and the work of the City Council, to embrace and be guided by the 7 Principles in our ongoing efforts to reduce or eliminate homelessness in Chicago.
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ARTICLE VIII. SEVERABILITY, SUPERSEDER
SECTION 1. The provisions ofthis Ordinance are declared to be separate and severable. The invalidity of any provision of this Ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances.
SECTION 2. In the event of a conflict or inconsistency between this ordinance and any other ordinance, resolution, motion, or order, this ordinance shall prevail.
ARTICLE IX. EFFECTIVE DATES
SECTION 1. Following passage and approval, this ordinance shall become effective January 1, 2023, with the exception of Article I, Sections 5 and 12, Article IV, and Article VI, which shall become effective upon passage and approval.
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CITY OF CHICAGO
COMMITTEE ON THE BUDGET AND GOVERNMENT OPERATIONS
CITY COUNCIL CITY HALL - ROOM 200 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602
ALDERMAN PAT DOWELL CHAIRMAN
PHONE: 312-744-3166 FACSIMILE: 312-744-9009
November 4,2022 CHICAGO, ILLINOIS
TO THE PRESIDENT AND MEMBERS OF THE CITY COUNCIL:
Your Committee on the Budget and Government Operations which was referred a substitute ordinance as amended amending various provisions of the Municipal Code regarding organization and functions of City government (2023 Management Ordinance) (SO2022-3580). having the same under advisement, begs leave to report and recommend that Your Honorable Body Pass the proposed substitute ordinance as amended transmitted herewith.
This recommendation was concurred in by a voice vote of the members ofthe committee present with two dissenting votes made by Alderman Matthew J. O'Shea and Alderman Brendan Reilly on November 2, 2022.
Pat Dowell, Chairman
Committee on the Budget and Government
Operations
APPROVED
DATED: /'/t^/^o^