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(a) The owner of a commercial refuse container or compactor, or grease container, at a building where refuse is removed at the expense of the owner, his agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business or businesses served by the container, and the name and telephone number of the person providing refuse collection service for that container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container's cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container. Said owner, in addition to or as part of affixing the required label, shall equip each container with a form of technology (by way of non-limiting examples, a bar code or wireless transmitting device), following approval of that technology by the commissioner of streets and sanitation in consultation with the commissioner of transportation, that enables authorized city personnel to (i) verify that the container is properly permitted, and (ii) ascertain other information specified by said commissioners that is relevant to the legal status of the container. Containers used exclusively for recycling shall be marked in a manner specified by the commissioner of transportation.
(b) No person shall cover, alter, obscure or remove the identifying label or technological device required under subsection (a) of this section.
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 5-13-09, p. 63017, § 2; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 2-10-16, p. 18540, § 1)
It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation and recycling needs, so as not to allow the container(s) to overflow.
It shall be the duty of the licensed scavenger to maintain in good condition and repair such commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his agent of the need for additional containerization or service, including recycling service.
The owner or his agent of every multiple dwelling with five or more dwelling units, if not required to have a compactor under section 7-28-225 at the owner's or his agent's expense shall provide or contract for sufficient commercial refuse containers using a minimum standard of 1/4 cubic yard for each occupied dwelling unit per week, including container space for recyclable material. The 1/4 cubic yard requirement can be lowered if the multiple dwelling can verify a lower waste generation rate over a period of months. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations related to the cubic yard verification. If an owner of a multiple dwelling elects to contract for refuse pickup more than one time per week, the minimum cubic yard standard shall decrease accordingly.
All refuse which is placed for collection service outside of the building must be kept in standard or commercial refuse containers or refuse compactors.
(Prior code § 99-16; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-9-11, p. 112120, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
It shall be the duty of the owner or occupant of an occupational unit and the owner of a multiple dwelling with five or more dwelling units with a waste generation of 50 cubic yards recyclable material collected as part of a recycling program, such as recyclable material collected in accordance with Chapter 11-5, to provide or contract for a refuse compactor and collection service with a minimum of once per week collection, except that a compactor shall not be required (i) when there is no suitable location on private property, or (ii) for multiple dwellings with five or more dwelling units that are only accessible by use of a private driveway, or (iii) if the occupational unit or multiple dwelling receives refuse collection service a minimum of five times per week. If the department of streets and sanitation determines there is a suitable location on the property, but the owner or his agent does not wish to use the space for the compactor, a permit for use of the public way shall be required. If the department of streets and sanitation determines that a compactor may not be placed in the public way, the compactor must be placed on the suitable location on private property. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location and regarding the exclusion of commingled recyclables from the 50 cubic yard weekly refuse amount.
(Added Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
Editor's note – The provisions of this section were effective July 7, 2000.
(1) Zone of nonoperation. No person shall grind or compact, or load into a mobile or stationary grinding or compacting device, garbage, wastes, refuse or other matter (within the meaning of Section 4-6-130 , of this chapter), without a special permit, between the hours of 9:30 p.m. and 7:00 a.m., Mondays through Fridays, and between the hours of 9:30 p.m. and 9:00 a.m., Saturdays, Sundays and holidays, on any street, alley, public way or on public or private property within the boundaries of the City of Chicago, which: (A) is within the area bounded by Weed Street on the north, Halsted Street on the east, Blackhawk Street on the south and Dayton Street on the west, or (B) adjoins or is within 250 feet of any business or residential zoning classification as defined in the Chicago Zoning Ordinance; except that this section shall not apply to that area bounded by the Chicago River on the north, Lake Michigan on the east, a line delineated by Congress Parkway extended and Congress Parkway on the south, the South Branch of the Chicago River on the west. Special permits to operate within the zone of nonoperation during the hours prohibited aforesaid, may be issued by the commissioner of streets and sanitation only after a showing, based on health, safety or public welfare that an extreme hardship exists. This section shall not apply to household appliances.
(2) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Section 7-28-226, shall upon conviction thereof, be fined not less than $500.00 nor more than $1,000.00.
(Added Coun. J. 5-9-12, p. 27485, § 157; Amend Coun. J. 11-8-12, p. 38872, § 143; Amend Coun. J. 12-12-12, p. 42395, § 1)
Notes
| 4-6-130 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) Every owner, manager or general contractor of any building, structure or parcel, for which a permit for new construction or demolition at the site has been issued, shall provide and maintain in good condition and repair commercial refuse containers sufficient in size and number to prevent any overflow or accumulation of refuse outside of the containers.
(b) It shall be the duty of every owner, manager or general contractor to cause all refuse, excluding construction or building material and debris, produced or located at the site to be deposited daily in the commercial refuse containers.
(c) It shall be the duty of every owner, manager or general contractor to keep each commercial refuse container located at the site covered with a tightly fitted cover at all times, except when opened for deposit or removal of the refuse.
(d) It shall be the duty of every owner, manager or general contractor to cause to be removed at his own cost and expense all refuse, excluding construction or building material and debris, located at the site. The removal shall be of such frequency to prevent the overflow and accumulation of refuse outside of the containers and shall be in accordance with the provisions of this Code.
(e) No container used for the storage, collection and removal of refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof.
(f) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-2-01, p. 57399, § 1)
Standard and commercial refuse containers shall be placed for collection in the following manner:
(a) (1) Except as provided in Subsection (a)(2) of this section, for alley collections, at the alley lot line on the premises served so as to be immediately accessible to refuse collection vehicles. It shall be the duty of the property owner or his agent to provide suitable space at the alley line for such container; a container may be placed in the public way if: (i) the property does not have suitable space as determined by the Department of Streets and Sanitation and defined in the rules promulgated pursuant to this chapter, and (ii) the structure on the property was in existence on July 31, 1999.
(2) A property owner or his agent seeking City refuse collection may petition the Commissioner of Streets and Sanitation to be allowed to place one or more refuse containers in the public alley if the property owner or his agent can show: (i) that there is insufficient room to put the containers on the owner's property; (ii) that the refuse containers can be placed directly adjacent the owner's property; and (iii) that the containers can be placed so as to not obstruct traffic through the alley. The Commissioner shall reject the petition if all three conditions are not satisfied.
(b) For curb collections, at the curb line not earlier than the evening preceding the designated collection day, and removal from the public way not later than the evening of such day, except for occupational units not operating on the day after collection.
(c) No container used for the storage, collection and removal of garbage or other refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof. If a refuse container belonging to one property is found in a location other than one of the locations prescribed by this section, the owner of the property which the container serves shall be liable for a violation of this section.
(Prior code § 99-17; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 1)
(a) The collection of refuse by the City shall be the exclusive method for refuse collection from the following, as long as they directly abut the public way:
(1) for dwelling units:
(i) a single dwelling;
(ii) a multiple dwelling containing four or fewer dwelling units;
(iii) a townhouse when the refuse container is placed for collection in the public way in compliance with section 7-28-230; or
(iv) a multiple dwelling that is licensed as a bed-and-breakfast establishment pursuant to Section 4-6-290 and contains four or fewer dwelling units unless the Commissioner of Streets and Sanitation determines that the establishment is producing an unreasonable amount of refuse for a building of its size, notifies the owner or owner's agent of such fact in writing, and provides the owner or owner's agent with an opportunity to correct the problem in a manner prescribed by the Commissioner; and
(2) all other premises receiving City refuse collection services as of January 1, 2016; provided that:
(i) after written notification to the owner of such premises, the Commissioner may cease City refuse collection from such premises based upon available City resources or operational needs; or
(ii) after written notification to the Commissioner of Streets and Sanitation, an owner of such premises may choose to provide for refuse collection by a licensed scavenger in compliance with applicable provisions of this Code.
(b) The owner of any dwelling unit or premises required to have City refuse collection pursuant to this section shall be responsible for payment of a refuse collection fee of $9.50 per month per dwelling unit or per premises for those premises subject to subsection (a)(2). The billing of the refuse collection fee and penalties authorized by this section shall be added to and separately recited upon a unified statement of charges, as that term is defined in Section 11-12-010. The unified statement of charges shall be prepared and sent to the billed party in such time periods as established by the Comptroller and shall be subject to Section 11-12-480(c).
The amount of the fee imposed by this subsection shall not be subject to increase from 2016 through and including 2019.
(c) The refuse collection fee for a person 65 years or older who (i) owns and resides in his own dwelling unit and (ii) receive a Senior Citizen Assessment Freeze Homestead Exemption for that dwelling unit pursuant to 35 ILCS 200/15-172 shall be 50% of the refuse collection fee set forth in subsection (b). The Comptroller is authorized to promulgate rules for the administration of this subsection, including any requirements for an application in a form and format prescribed by the Comptroller.
(d) A late payment penalty assessed at a monthly rate of one and one-quarter percent shall be imposed on all refuse collection fee for which payment in full is not received within 24 calendar days from the date the unified statement of charges was sent as shown by the records of the Department of Finance. Where the correctness of a charge imposed under this section is disputed and where complaint of such incorrectness has been made prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the resending of such bill.
(e) Whenever any refuse collection fee remains unpaid after the expiration of 24 days from the date of the unified statement of charges statement the water supply for the premises shall be subject to termination by the Commissioner of Water Management, and the service shall not be resumed until all accrued refuse collection fees and penalties in arrears has been paid and an amount equal to the actual costs of disconnection and reconnection shall have been paid for termination and resumption of service. The Commissioner of Water Management shall be responsible for termination or resumption of the sewer service.
(f) (1) Unless otherwise provided by law or rule, a full payment certificate for refuse collection charges is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate for refuse collection charges, an application with an application fee of $50.00 shall be made to the Comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding refuse collection charges and penalties that have accrued.
(2) Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment for full payment of refuse collection charges shall be obtained from the Comptroller upon application and payment of an application fee of $50.00. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. Subsequent transfers of a unit within a condominium building subject to this section require a certificate of payment.
Where a townhome or condominium association's assessments include the individual owner's share of the refuse collection charge, the Comptroller may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of $50.00.
(Added Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 11-9-16, p. 36266, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 2)
Notes
| 4-6-290 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 3-33 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
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