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It shall be the duty of the building commissioner or the building commissioner's designee to serve notice in writing by certified mail upon the owner, occupant, agent or person in possession or control of any building or structure in or upon which any nuisance may be found, or upon any person who may be the owner or cause of any such nuisance other than the nuisance specified in Sections 7-28-120 or 7-28-440 through 7-28-455 or 7-28-750 of this chapter, ordering such owner, occupant, agent or person to abate such nuisance, within a reasonable time, in the manner the building commissioner shall prescribe. It shall not be necessary in any case for the building commissioner to specify in such notice the manner in which any nuisance shall be abated, unless the building commissioner deems it advisable to do so. If the person so notified shall neglects, refuses or otherwise fails to comply with any of the requirements of such order within the time specified in the notice required under this section, such person shall be fined not less than $250.00 nor more than $500.00 for each such offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
It shall be the duty of the building commissioner to proceed at once, upon expiration of the time period specified in the notice, to cause the applicable nuisance to be abated. Provided, however, that if, after due diligence, the owner, occupant, agent, or person in possession or control of any building or structure in or upon which any nuisance may be found is unknown or cannot be found, the building commissioner shall proceed to abate the nuisance without notice. In either case, in addition to any fine or other penalty provided by law, the person who created, continued or suffered the nuisance to exist shall be liable to the city for any and all costs and expenses incurred by the city in abating the nuisance, plus a penalty of up to three times the amount of the costs and expenses incurred by the city. Such monies may be recovered in an appropriate action instituted by the corporation counselor or in a proceeding initiated by the applicable department at the department of administrative hearings. The commissioner of streets and sanitation or the commissioner's designee shall enforce the provisions of Sections 7-28-120, 7-28-440 through 7-28-455 and 7-28-750 in the manner provided herein for nuisances generally, unless the specific section provides otherwise.
(Prior code § 99-1; Amended. Coun. J. 12-18-86, p. 38654; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-28-10, p. 97912, § 3)
Whenever any nuisance under this Chapter 7-28 shall be found on any premises within the city, the commissioner of buildings or commissioner of health or commissioner of streets and sanitation or the corporation counsel is hereby authorized, in his or her discretion, to seek to enjoin such nuisance or to cause the same to be summarily abated in such manner as he or she may direct pursuant to the applicable provisions of this Code.
(Prior code § 99-2; Amend Coun. J. 12-11-91, p. 10978; Amended Coun. J. 9-27-07, p. 9208, § 3; Amend Coun. J. 2-9-11, p. 112123, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
In all cases where no provision is herein made defining what are nuisances and how the same may be removed, abated, or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and the statutes of Illinois as nuisances may, in case the same exist within the city limits or within one mile thereof, be treated as such, and proceeded against as is provided in this Code, or in accordance with any other provision of law.
(Prior code § 99-3)
Any person who abandons or discards in any place accessible to children any refrigerator, ice box or ice chest of a capacity of one and one-half cubic feet or more which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who being the owner, lessee, or manager of any place or premises knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be fined not less than $50.00 nor more than $200.00 or imprisoned for not more than 30 days, or both, for each offense. Every day that such violation continues shall be deemed a separate and distinct offense.
(Prior code § 99-3.1; Amend Coun. J. 12-4-02, p. 99931, § 4.1)
Definition: “Plastic bag” means a polyethylene bag, other than one used for food products weighing not more than five pounds, intended for household use which is larger than seven inches in diameter at the opened end, and is made of thin film less than one mil (0.001 inch) in thickness (according to standards established under the Commodity Standards Division of the United States Department of Commerce).
No person shall package, deliver or sell any article for use in or around the household in a plastic bag, or shall sell or distribute any plastic bag for use in or around the household, unless the bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording:
WARNING: Keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing.
The warning shall be printed on, attached to, or accompany each bag; provided, however, that it shall be permissible to print the warning on the outside wrapper of packages of bags intended for home processing use only, e.g., freezer bags, garbage disposal bags, in lieu of on each individual bag. The warning shall be prominently and conspicuously displayed in bold-face type, in accordance with the following table:
Total of the length and width of the bag, combined
60 inches or more.....24 points
40 inches, but less than 60 inches.....18 points
30 inches, but less than 40 inches.....14 points
Less than 30 inches.....10 points
Any person violating this section shall be fined $200.00 for each offense.
(Prior code § 99-3.2)
No building, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be made, used, kept, maintained, or operated in the city if such use, keeping, maintaining, or operating shall be the occasion of any nuisance, or shall be dangerous to life or detrimental to health.
Every building or structure constructed or maintained in violation of the building provisions of this Code, or which is in an unsanitary condition, or in an unsafe or dangerous condition, or which in any manner endangers the health or safety of any person or persons, is hereby declared to be a public nuisance. Every building or part thereof which is in an unsanitary condition by reason of the basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or by reason of any portion of a building being infected with disease or being unfit for human habitation, or which by reason of any other unsanitary condition, is a source of sickness, or which endangers the public health, is hereby declared to be a public nuisance.
Any person found guilty of violating any of the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $5,000.00, or imprisonment not to exceed 10 days, or both such fine and imprisonment for each offense. Each day such violation shall continue shall constitute a separate and distinct offense.
(Prior code § 99-4; Amend Coun. J. 7-9-86, p. 31580; Amend Coun. J. 8-30-00, p. 40306, § 3; Amend Coun. J. 10-11-17, p. 56894, § 1)
(a) As defined in this section, graffiti that is unregistered is hereby declared to be a public nuisance. The owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed shall, upon the appearance of the graffiti: (i) cause such graffiti to be removed or concealed or (ii) register the graffiti according to rules promulgated by the Commissioner of Cultural Affairs and Special Events. Whenever any unregistered graffiti shall be found on any building or other structure, the Department of Streets and Sanitation, or its agent or contractor shall attempt to obtain consent from the owner for the City’s graffiti removal services. If such attempt to contact the owner is not successful, the Department of Streets and Sanitation shall post a notice in a prominent place upon the building or structure where the unregistered graffiti is found which shall state that, if the unregistered graffiti is not removed or concealed or registered according to the rules within five days after the notice is posted, excluding Saturdays, Sundays and legal holidays, the Department of Streets and Sanitation or its agent or contractor shall have authority to enter or access the property and abate the nuisance by removing or concealing the unregistered graffiti.
(b) Nothing in this section shall prevent the City from taking any other enforcement action authorized by law.
(c) “Graffiti” means an inscription, drawing, mark or design that is etched, painted, sprayed or drawn directly upon the exterior of any building or other structure and is visible from the public way; provided that, graffiti shall not include any sign permitted by the Zoning Code or any decoration that is part of the architectural design of the building or structure.
(Amend Coun. J. 3-11-98, p. 61944; Amend Coun. J. 5-17-00, p. 32562, § 1; Amend Coun. J. 5-11-05, p. 48079, § 2; Amend Coun. J. 10-31-18, p. 87776, § 2)
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