Re-typed for electronic transfer space

CITY OF CHAMPAIGN LEGAL DEPARTMENT 102 N. NEIL ST. CHAMPAIGN , IL 61820 (217) 351-4471 FAX (217) 351-7350

JULY 30, 1999

Frederick C. Stavins city attorney

Trisha A. Crowley assistant city attorney

Joseph E. Hooker assistant city attorney

Shaun K. Stuart assistant city attorney

James F. Osterbur

2191 cr 2500E.

St. Joseph IL 61873

Re: 1712 W. Clark building permit application

Dear Mr. Osterbur

The building safety division of the fire department has referred to the legal department a number of documents you have prepared and assembled regarding an application for a building permit for the above-referenced address. While I am having some difficulty understanding the meaning of these documents, there appear to be three basic assertions in them. First, they allege that Mr. Gary Bowman and the building safety division have unlawfully denied you a permit for work you wish to do at 1712 W. Clark by applying requirements or conditions to your application that are not required by the law. Specifically you allege that the Ill architecture practice act of 1989 has been repealed, and that therefore, you are not required to submit building plans prepared under the direct supervision of a design professional.

Please note that the documents that you provided refer to the repeal of a predecessor to that act, the ill Architectural act. The provisions for repeal that you cited are part of the regulatory agency sunset act. Those provisions provide for an automatic repeal date for regulations affecting various professions unless the general assembly enacts legislation for its continuation. It is easy to see how you could have misinterpreted the meaning of the documents you found. In this particular instance, the regulations were re-enacted under the new title, the Ill architecture practice act of 1989. The current act, is not scheduled for repeal until dec 31, 1999 under the regulatory agency sunset act, located in the Il compiled statutes at 5 ILCS 80/4.10. Once again, that provision provides for such repeal only if the general assembly fails to enact legislation for its continuation. If legislation has not already been enacted to continue the current act, it in all probability will be enacted soon, prior to that dec 31, 1999 date.

Your second major contention appears to be that if the laws relied upon by staff to impose various conditions upon your building permit application are currently in force, then they unconstitutionally infringe upon your rights as a property owner. There is no Il state or federal case law that I am aware of that would support you claims about the constitutionality of these regulations. The city is certainly unwilling to forgo enforcement of these regulations based on your legally unsupported attack on their constitutionality.

Third, you appear to be asserting that the regulations in question are simply unjust, excessive and arbitrary , and that they should be changed, or those responsible for enacting them should be voted out of office. It is certainly your right to lobby your state and local representatives to change the laws in question if you think they are unfair or ill-advised. Until and unless they are changed, however, staff is responsible for enforcing them in their current form.

If you currently have an attorney who is representing your interests in this matter, please have this person contact me so that I can discuss this matter with him or her. Otherwise, I would be happy to meet with you in my office at some convenient time, during the city's regular business hours, to discuss your concerns and claims. It may be that I do not fully understand your claims or concerns. If I am unavailable when you call the office, one of our secretaries can schedule an appointment for you. In the meantime, it is my hope that you will see fit to meet the requirements of the building permit application process so that you can get your project underway reasonably soon.

Sincerely Joseph E. Hooker

Assistant city attorney

jeh

cc: Gary Bowman, building safety division

j:\leg\word\building safety\Osterbur letter 7-28-99. doc

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