Got an Unsafe Porch Violation? Here's What to Do

If the City cited your porch as unsafe, read the notice today and call someone who can look at the framing this week. An unsafe porch violation means a Department of Buildings (DOB) inspector reported a condition they say is a danger or a code failure. What you do in the next few days decides whether this ends with a closed case or with a default, a lien and a bigger fix.

Not legal advice. For a hearing or a lien, talk to an attorney. What follows is the process, and the repair side we do.

What does an unsafe porch violation mean?

Chicago's standard for existing porches is that exterior stairways, decks, porches and balconies must be maintained structurally sound, in good repair, properly anchored and capable of supporting the imposed loads. Handrails and guards must be firmly fastened (Title 14X). The code lists exterior stairs, decks, porches and balconies, including guards and handrails, that are not structurally sound or properly anchored as an unsafe condition (City of Chicago).

So the notice means an inspector found something on that list. DOB says inspectors check joists, beams, columns, stairs, hand and guard rails, ledger boards, connections and footings (DOB Porch and Deck Safety). Your notice should say which one.

Where will your case be heard?

That depends on how serious DOB considers the condition. A DOB supervisor sets the level. A "50 notice" is a life safety condition that is not dangerous and goes to the Department of Administrative Hearings. An "80 notice" is a dangerous and hazardous condition and goes to the Circuit Court of Cook County (City of Chicago).

The difference is real. In housing court, the City has more options, including vacating the building and appointing a receiver, and a DOB court inspector inspects before each hearing (City of Chicago). In Administrative Hearings, the case is a civil proceeding before a hearing officer who is an Illinois attorney, and the City must prove the violation by a preponderance of the evidence. You can represent yourself or hire a lawyer (DOAH). Your notice tells you which you are in.

What should you do first?

1. Read the notice. It generally states the alleged violation, the date, time and place, and your options, including whether you must appear and when (DOAH).
2. Mark the date. For building cases, the hearing date cannot be less than 30 days after the inspector reports the violation in non-emergency situations (City of Chicago). The date on your notice controls.
3. Have the porch looked at. Not painted. Looked at, by someone who will go under it. Our porch crew can do that.
4. Make it safe now if it is unsafe now. If it is bouncing, pulling from the wall or leaning, keep people off it until it is fixed or shored.
5. Start the paper trail. Photos of the condition before any work, then during, then after.

How do you fix an unsafe porch for the City?

You fix the real condition, with a permit if the work needs one, and you keep proof. The permit rules are in Chicago porch permit: when you need one. In short:

• Repairing or replacing structural elements, such as columns, beams, foundations, stringers and floor joists, always needs a permit, with plans by an Illinois-licensed architect or structural engineer.
• If you have a violation and the repair is non-structural, the Express Permit may be used.
• Without a violation, no permit is needed to replace non-structural pieces such as deck boards, stair treads and railing pickets.

All three come from DOB's Porch and Deck Safety page. Remember that if a porch needs to be rebuilt, different, larger or previously unpermitted, the Express Permit does not apply and it needs a plan-based permit (City of Chicago).

What proof do you bring to the hearing?

Bring the permit (if one was needed), photos before and after, and any inspection record. In Administrative Hearings, DOB says to bring the permit and before and after photos to the hearing. If you have no open porch violations, the permit inspection is requested through DOB's online form, and if you are in Circuit Court, a court inspector handles follow-up (DOB Porch and Deck Safety).

Defenses at a building hearing can include that the violation did not exist at inspection, that it has been remedied by the hearing, that occupants caused it despite the owner's reasonable efforts, or that an occupant refused the owner entry to fix it (DOAH). Even if you fixed it before the hearing, DOB alleges the violation existed on the inspection date, and the hearing is your chance to show proof of correction (DOAH). A hearing officer who finds liability while you are already correcting the problem may hold a separate fines hearing and order a reinspection (City of Chicago). Whether to raise a defense is a legal decision. Talk to an attorney.

Who is responsible for the porch?

DOB files the notice with DOAH, and questions about why you were cited go to DOB, not DOAH (DOAH). In Administrative Hearings, the case typically names the legal title holder and others in control of the property (City of Chicago). If you rent units, the porch is a building problem even if a tenant reported it.

What should you do this week?

Read the notice, mark the date, get the porch looked at, and get a written scope with the permit path. Then follow how to get a porch inspected after a repair. The Chicago porch guide covers the full repair and rebuild picture, and does Chicago inspect porches explains how it got to your door.

Got an unsafe porch notice? Akats handles the repair and the City paperwork. Call 312-339-9627 or use the form on this page.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.