Building Permits Associated with the Building Permit Indictments of Last Week

* United States v. Garneata, et al.

1637-39 W. Granville (adding two illegal dwelling units to the building)

http://chicago.everyblock.com/building-permits/by-date/2007/10/23/878639/:
INTERIOR ALTERATIONS FOR 3-STORY BRICK BUILDING W/ GARDEN BASEMENT. CONDITIONAL PERMIT SUBJECT TO FIELD INSPECTION.

http://chicago.everyblock.com/building-permits/by-date/2006/11/8/906646/
http://chicago.everyblock.com/building-permits/by-date/2006/9/8/902003/

6139-41 North Paulina.

Nothing.

5700 North Maplewood (add two additional illegal dwelling units)

http://chicago.everyblock.com/building-permits/by-date/2006/4/14/890923/:
EXISTING 12 DU INTERIOR REHABITILATION.
ADDITION OF 2 OPEN WOOD PORCHES. REPLACEMENT OF 2 EXISTING
PORCHES/STAIRS WITH SAME SIZE & SAME LOCATIONS.
http://chicago.everyblock.com/building-permits/by-date/2005/10/17/928604/:
REPAIR/REPLACE TWO WOOD PORCHES AS PER PLANS.

* United States v. Piekarz and Milam

6240 South Troy (favorable ventilation inspection):

Nothing (we have permits anyway, not inspections)

EXPLANATION OF THE BUILDING PERMIT PROCESS AND CITY DEPARTMENTS

The process for issuing building permits and monitoring construction projects is governed by several departments within the City of Chicago, including the Department of Zoning (“Zoning”), the Department of Construction and Permits (“DCAP”), the Department of Buildings (“Buildings”) and the Department of Administrative Hearings (“AH”).

The principal role of Zoning is to enforce Chicago’s Zoning Ordinance, to implement the city’s land use policies and to maintain and update the city’s official zoning maps. Developers seeking to obtain a building permit for new construction and renovation projects which require architecture plans receive an initial review of their architectural plans in Zoning to assure that the project conforms to the official zoning and land use policies of the City of Chicago.  Zoning reviews the survey plats, parking lot layouts and site plans to ensure that projects conform to the Zoning Ordinance.  When a proposed development is not in compliance with the Zoning Ordinance or permitted use, a developer has the option of seeking an administrative adjustment or a zoning variance. The administrative adjustment process is a streamlined procedure for minor modifications of selected zoning standards.  The zoning variance procedures involve review and approval of the requested changes by the Zoning Board of Appeals.  Zoning is also responsible for administering the landscape ordinance within the zoning code which governs landscaping of all business, commercial and large residential projects.  In addition, zoning is responsible for issuing Certificates of Occupancy (a certificate from the City certifying that a structure is fit for human habitation) for construction projects containing between one to three dwelling units and for issuing Zoning Compliance Certificates (a certificate from the City certifying that a structure meets the applicable zoning requirements) for the occupancy, use, or change of use of any property in the city. Projects receive an initial review in Zoning by a zoning plan examiner (“ZPE”).  On-site investigation of projects to ensure compliance with the Zoning Ordinance, including the landscape ordinance, and Certificate of Occupancy reviews are performed by zoning inspectors.

DCAP is responsible for issuing construction permits.  Prior to the creation of DCAP in April 2003, construction permits were issued by Buildings.  A permit application must include the names and City license numbers of the general contractor and each subcontractor who intends to work on the construction project.  To obtain a general contractor’s license from the City, an applicant must mail a license application to an address maintained by the Department of Buildings.  License applications must be renewed by mail every year. Generally, the construction permit application process follows one of three different tracks: the Easy Permit Process (“EPP”), Standard Review Plan process, or Developer Services process. EPP is used to obtain construction permits for repair or replacement of existing elements of a building, when no structural changes to the building will be made.  Standard Review Plan (also referred to as Open Plan Review) is used to obtain construction permits for small to mid- sized construction and renovation projects requiring architectural drawings.  The Standard Review Plan process involves an initial assessment of a construction project by a DCAP project manager.  After the project manager review, the architectural plans receive technical reviews of appropriate disciplines which include, among others, electrical, plumbing, ventilation, structural, architectural, landscape and fire prevention. The purpose of each discipline review is to ensure that the proposed project is in conformance with the building codes and regulations of the City of Chicago.  The Developer Services process is used to obtain construction permits for large and complex projects. In January 2008, DCAP merged back into the Buildings Department.

Buildings is responsible for the enforcement of the Chicago Building Code governing the construction, rehabilitation and maintenance of structures within the City of Chicago. Within Buildings is the New Construction Bureau.  New construction inspectors’ primary role is to perform inspections to ensure that construction and renovation work conforms to the permits that have been issued by DCAP. Building inspectors can also respond to complaints regarding structures, including emergencies that occur after working hours, and they can issue violation notices to building owners when a structure is not in conformance with the Building Code.  Inspections can also be generated by the public by dialing 311, the non-emergency number for city services. Inspectors can also issue “stop work orders” to stop any construction that is done without a permit, contrary to an approved permit, and other forms of construction that poses a threat to the health and safety of the public.  A stop work order is a directive from the Department of Buildings, addressed to the owner of property on which construction or demolition work is proceeding without proper authorization. The stop work order prohibits further work, and in some cases requests the removal of work already completed, until or unless an appropriate construction permit has been obtained. There are different procedures for releasing each kind of stop work order, which can include paying fines and/or paying additional permit fees. Some releases can occur at the City’s satellite offices (additional offices located in various neighborhoods for the convenience of property owners and developers), while others involve the applicant presenting the plans and application to the DCAP or to another Department, usually at City Hall. Inspectors sign the back of a contractor’s construction permit when an inspection is performed and the inspector determines that the completed work is within the requirements of the Building Code and the scope of the construction permit.  Certificates of Occupancy for construction and renovation projects involving four or more units are also issued by Buildings. Building Inspectors conduct inspections of projects prior to the issuance of Certificates of Occupancy. Finally, Buildings has historically maintained a mainframe computer database that contains information about buildings in the City of Chicago, including the number of original units in each building.

AH serves as a quasi-judicial tribunal for the expedient, independent and impartial adjudication of municipal ordinance violations.  AH has several divisions, including a Building Division.  The purpose of the Building Division is to adjudicate cases initiated by the Buildings, Fire and Zoning departments.

Contractors, developers, and homeowners may hire a permit expediter to facilitate the construction permit application process.  The services performed by a permit expediter include, among other things: completing construction permit application forms; collecting and submitting relevant documents to DCAP and Zoning; waiting in line at City Hall for plan reviews; scheduling building inspections; meeting with architects, contractors, developers, homeowners, City of Chicago inspectors and other City of Chicago officials; resolving building code violations; and obtaining Certificates of Occupancy. City of Chicago employees are prohibited from acting as permit expediters.

Obtaining timely reviews, approvals, and permits is important to developers. Waiting for a lengthy period of time for a review, failing to pass an inspection, or the issuance of a stop work order can have significant financial consequences for developers. These circumstances can preclude developers from starting or completing the work that needs to be done on a project (thereby lengthening the period of time for a project which may add costs or at least delay
the time at which a developer can recoup capital tied up in a project), or require developers to do additional work on a project (thereby increasing the cost of the project.)  For example, as described in detail below, BURNS accepted bribe payments in exchange for facilitating a review of plans in DCAP on an expedited basis not otherwise available in connection with architectural plans for a property located at 1332 North Milwaukee, thereby allowing the developer to obtain a building permit on that project more expeditiously.

EXPLANATION OF THE CERTIFICATE OF OCCUPANCY PROCESS AND CITY DEPARTMENTS

A Certificate of Occupancy (CO) is a document obtained through the Department of Buildings that indicates that a building conforms to the general, special, and structural requirements of the City of Chicago Building Code. A CO is required for all new or remodeled multi-unit buildings consisting of four or more dwelling units, newly constructed non-residential buildings over 4,000 square feet, alterations or repairs of non-residential buildings exceeding $400,000 in estimated cost, work in existing buildings resulting in a change of occupancy, and any work performed in a new or existing building for institutional assembly use.  The contractor/developer must obtain CO’s before the building’s dwelling units are occupied.

There are three basic types of Certificates of Occupancy: Full Occupancy, Advance or Partial Occupancy, and Temporary Occupancy.  Full Occupancy covers an entire building; Advance or Partial Occupancy covers a specific, completed portion of a multi-unit building under construction; and Temporary Occupancy is reserved for special events or circumstances in buildings other than residential dwelling units.

In order to obtain a CO, an applicant must submit a Certificate of Occupancy Application with the following information:  address of project, owner’s contact information, contractor’s contact information, whether it is a full or partial occupancy request, areas to be inspected, permit numbers and date the permit was issued, and date of completion of work.  The applicant must sign and date the form certifying that the information on the application is correct and all work has been completed in accordance with the approved plans and permits at the time of the scheduled inspections.  After the applicant submits the application, an inspector from each discipline (ventilation, plumbing, new construction, conservation, HVAC, electrical, and zoning) is assigned to conduct a final inspection to ensure that the building conforms to the City of Chicago Building Code.  The assigned inspector will sign off on the permit for final approval of his/her discipline, and a CO is issued to the applicant if all disciplines are up to code.  After the information is entered into the Department of Building’s database, the applicant must pick up the CO from the Department of Buildings.

The process for issuing building permits and monitoring construction projects is governed by several departments within the City of Chicago, including the Department of Zoning (“Zoning”), the Department of Construction and Permits (“DCAP”), the Department of Buildings (“Buildings”) and the Department of Administrative Hearings (“AH”).

The principal role of Zoning is to enforce Chicago’s Zoning Ordinance, to implement the city’s land use policies and to maintain and update the city’s official zoning maps. Developers seeking to obtain a building permit for new construction and renovation projects which require architecture plans receive an initial review of their architectural plans in Zoning to assure that the project conforms to the official zoning and land use policies of the City of Chicago.  Zoning reviews the survey plats, parking lot layouts and site plans to ensure that projects conform to the Zoning Ordinance.  When a proposed development is not in compliance with the Zoning Ordinance or permitted use, a developer has the option of seeking an administrative adjustment or a zoning variance.  The administrative adjustment process is a streamlined procedure for minor modifications of selected zoning standards. The zoning variance procedures involve review and approval of the requested changes by the Zoning Board of Appeals.  Zoning is also responsible for administering the landscape ordinance within the zoning code which governs landscaping of all business, commercial and large residential projects. In addition, zoning is responsible for issuing Certificates of Occupancy (a certificate from the City certifying that a structure is fit for human habitation) for construction projects containing between one to three dwelling units and for issuing Zoning Compliance Certificates (a certificate from the City certifying that a structure meets the applicable zoning requirements) for the occupancy, use, or change of use of any property in the city. Projects receive an initial review in Zoning by a zoning plan examiner (“ZPE”). On-site investigation of projects to ensure compliance with the Zoning Ordinance, including the landscape ordinance, and Certificate of Occupancy reviews are performed by zoning inspectors.

DCAP is responsible for issuing construction permits.  Prior to the creation of DCAP in April 2003, construction permits were issued by Buildings.  A permit application must include the names and City license numbers of the general contractor and each subcontractor who intends to work on the construction project.  To obtain a general contractor’s license from the City, an applicant must mail a license application to an address maintained by the Department of Buildings.  License applications must be renewed by mail every year. Generally, the construction permit application process follows one of three different tracks: the Easy Permit Process (“EPP”), Standard Review Plan process, or Developer Services process. EPP is used to obtain construction permits for repair or replacement of existing elements of a building, when no structural changes to the building will be made.  Standard Review Plan (also referred to as Open Plan Review) is used to obtain construction permits for small to mid-sized construction and renovation projects requiring architectural drawings. The Standard Review Plan process involves an initial assessment of a construction project by a DCAP project manager.  After the project manager review, the architectural plans receive technical reviews of appropriate disciplines which include, among others, electrical, plumbing, ventilation, structural, architectural, landscape and fire prevention.  The purpose of each discipline review is to ensure that the proposed project is in conformance with the building codes and regulations of the City of Chicago.  The Developer Services process is used to obtain construction permits for large and complex projects. In January 2008, DCAP merged back into the Buildings Department.

Buildings is responsible for the enforcement of the Chicago Building Code governing the construction, rehabilitation and maintenance of structures within the City of Chicago. Within Buildings is the New Construction Bureau.  New construction inspectors’ primary role is to perform inspections to ensure that construction and renovation work conforms to the permits that have been issued by DCAP. Building inspectors can also respond to complaints regarding structures, including emergencies that occur after working hours, and they can issue violation notices to building owners when a structure is not in conformance with the Building Code. Inspections can also be generated by the public by dialing 311, the non-emergency number for city services.  Inspectors can also issue “stop work orders” to stop any construction that is done without a permit, contrary to an approved permit, and other forms of construction that poses a threat to the health and safety of the public.  A stop work order is a directive from the Department of Buildings, addressed to the owner of property on which construction or demolition work is proceeding without proper authorization. The stop work order prohibits further work, and in some cases requests the removal of work already completed, until or unless an appropriate construction permit has been obtained. There are different procedures for releasing each kind of stop work order, which can include paying fines and/or paying additional permit fees. Some releases can occur at the City’s satellite offices (additional offices lo
cated in various neighborhoods for the convenience of property owners and developers), while others involve the applicant presenting the plans and application to the DCAP or to another Department, usually at City Hall. Inspectors sign the back of a contractor’s construction permit when an inspection is performed and the inspector determines that the completed work is within the requirements of the Building Code and the scope of the construction permit.  Certificates of Occupancy for construction and renovation projects involving four or more units are also issued by Buildings. Building Inspectors conduct inspections of projects prior to the issuance of Certificates of Occupancy. Finally, Buildings has historically maintained a mainframe computer database that contains information about buildings in the City of Chicago, including the number of original units in each building.

AH serves as a quasi-judicial tribunal for the expedient, independent and impartial adjudication of municipal ordinance violations.  AH has several divisions, including a Building Division. The purpose of the Building Division is to adjudicate cases initiated by the Buildings, Fire and Zoning departments.

Contractors, developers, and homeowners may hire a permit expediter to facilitate the construction permit application process.  The services performed by a permit expediter include, among other things: completing construction permit application forms; collecting and submitting relevant documents to DCAP and Zoning; waiting in line at City Hall for plan reviews; scheduling building inspections; meeting with architects, contractors, developers, homeowners, City of Chicago inspectors and other City of Chicago officials; resolving building code violations; and obtaining Certificates of Occupancy.  City of Chicago employees are prohibited from acting as permit expediters.

Obtaining timely reviews, approvals, and permits is important to developers. Waiting for a lengthy period of time for a review, failing to pass an inspection to obtain a permit, or the issuance of a stop work order can have significant financial consequences for developers. These circumstances can preclude developers from starting or completing the work that needs to be done on a project (thereby lengthening the period of time for a project which may add costs or at least delay the time at which a developer can recoup capital tied up in a project), or require developers to do additional work on a project (thereby increasing the cost of the project). For example, as described in detail below, MENDENHALL paid a bribe in exchange for obtaining a favorable inspection related to a Certificate of Occupancy for a property located at 2827 West Congress Parkway.  A Certificate of Occupancy, which deems that a building is fit for human habitat, must issue before a building can be occupied.

A Certificate of Occupancy is significant from a financial standpoint for the developer because typically financial institutions will require the Certificate of Occupancy before agreeing to lend money to a buyer for the purchase of the property.  Thus, until the Certificate of Occupancy is issued, a developer is unable to sell the property or units in the property and recoup capital put into the project.


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