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(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. |
(a) Multiple dwellings. Except for those dwelling units required to have city refuse collection pursuant to section 7-28-235, it shall be the duty of the owner, or agent thereof, of every multiple dwelling containing 5 or more dwelling units to cause all refuse produced therein to be removed from the buildings at least once each week at such owner's or agent's own cost and expense.
(b) Occupational units. It shall be the duty of the occupant of every occupational unit to cause all refuse produced therein to be removed from the property at least once each week at such occupant's own cost and expense.
(Prior code § 99-18; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 6-28-00, p. 36650, § 1; Amend Coun. J. 9-4-03, p. 7118, § 22; Amend Coun. J. 12-7-05, p. 64870, § 1.3; Amend Coun. J. 5-9-12, p. 27485, § 158; Amend Coun. J. 7-29-15, p. 3535, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
Any alderman may introduce into the city council, on behalf of the governing associations or boards of condominiums, cooperative residential buildings and those townhouses which do not qualify to receive the services provided by the city for refuse collection, an ordinance providing for the rebate of the cost incurred by owner-occupied units of the residential building for refuse collection. Beginning January 1, 1995, the implementation of a recycling program by governing associations or boards, pursuant to Section 11-5-021 of the Municipal Code, shall be a condition for receiving such a rebate. Attached to this ordinance shall be a notarized statement listing the amount of the annual cost incurred for refuse collection for the residential units in the building, the number of residential units in the building, and a letter confirming the executed agreement with the private scavenger service providing refuse collection for the residential building. The original ordinance and notarized statement shall be referred to the committee on finance, and such referral must occur on or before the last day of February of the calendar year immediately following the billing period for refuse collection. If such referral does not take place in a timely fashion for any given year, the affected units shall no longer be eligible for any further refuse rebates pursuant to this section. A copy of the ordinance and attached notarized statement shall be transmitted to the city comptroller.
After review, the committee on finance may recommend that the city council approve the reimbursement to the governing association or board in an amount equal to the annual cost incurred for the refuse collection for the owner-occupied residential units in the building; provided, however, that the aggregate annual amount of the reimbursement paid to a governing association or board shall not exceed an amount equal to the number of owner-occupied residential units in the building multiplied by $50.00 for rebates applicable to 2012, and $25.00 for rebates applicable to 2013, 2014 and 2015. The rebate authorized by this section shall cease for 2016 and thereafter, and this section shall be repealed of its own accord, without further action by the city council, on February 1, 2016. Such repeal shall not impair the processing of rebate requests that have been properly submitted and referred to the committee on finance pursuant to this section prior to February 1, 2016. During the first year in which the cost of refuse collection is reimbursed, the governing association or board shall submit the bill for the prior year's refuse collection services. For each year thereafter the governing association or board shall submit their notarized statement within one year of the proposed reimbursement period to be eligible for the program.
The city council may not reimburse a governing association or board for the cost of refuse collection services which is unreasonable or which has not been timely referred in ordinance form as specified in the first paragraph of this section to the committee on finance.
In no event shall the governing association or board be reimbursed for that portion of the cost of refuse collection attributed to any commercial or other nonresidential unit located in the residential building. After city council's approval of the reimbursement, the city comptroller promptly shall pay the governing association or board the approved reimbursement.
For the purposes of this section, refuse shall include recyclable materials and the rebate authorized herein shall apply to collections made by business entities engaged in resource recovery. Provided, however, that nothing in this paragraph shall be construed to increase the total amount of rebate authorized in this section. Eligibility for the rebate authorized by this section shall be limited to owner-occupied units that also applied for and were granted one or more rebates pursuant to this section between January 1, 2009 and November 9, 2011.
(Prior code § 99-18.1; Added Coun. J. 12-12-84, p. 11848; Mayoral veto. 12-18-84, p. 11986; Added 12-31-84, p. 12258; 9-13-89, p. 4607; Amend Coun. J. 4-22-93, p. 31043; Amend Coun. J. 11-5-93, p. 40151; Amend Coun. J. 5-18-94, p. 50664, § 1; Amend Coun. J. 11-16-11, p. 13793, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 1; Amend Coun. J. 1-17-13, p. 44847, § 1)
(a) It shall be the duty of the owner, his agent or occupant of every single dwelling, multiple dwelling producing less than 32 gallons of refuse per week,]* or a multiple dwelling, occupational unit to cause all refuse produced therein to be deposited in a refuse container or compactor as provided in Section 7-28-220 or 7-28-225, and to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse. The owner, his agent or occupant shall maintain the container so that all refuse spilled during usage is removed and the area is cleaned in a timely manner. It shall be unlawful for any person other than the owner, his agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever.
* Editor's note – Bracket shown is as set forth in Coun. J. 7-7-99, p. 6985, an amending ordinance in which bracketed material was to be deleted but no initial bracket was published.
(b) It shall be the duty of every person responsible for the installation, use or emptying of a sanitary refuse container to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse.
(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 use. Each day that a violation continues shall constitute a separate and distinct offense.
(Prior code § 99-19; Amend Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)
(a) No person shall deposit refuse in a standard or commercial refuse container, or compactor, in a manner that prevents complete closure of the container's cover, or deposit refuse on top of a container in a manner that interferes with opening of the container, or pile or stack refuse against a container.
(b) The owner, his agent or occupant of a property shall not allow any person to violate subsection (a) of this section. The presence of refuse preventing complete closure of the container's cover, deposited on or piled or stacked against a standard refuse container, a commercial refuse container, or compactor shall be prima facie evidence of violation of this subsection (b).
(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)
It shall be unlawful for any person other than a city refuse collector or a private scavenger licensed by the city, to remove, displace, uncover, or otherwise disturb, any refuse container or the contents thereof when placed on location, as provided for in Section 7-28-230.
(Prior code § 99-21)
Ashes stored inside any non-fireproof building shall be stored only in masonry bins, approved metal ash cans, or steel truck tanks. All ash containers shall be kept at least five feet from combustible material. Ashes shall not be stored inside or outside of any building in wood receptacles, or dumped in contact or in proximity to any combustible material.
(Prior code § 99-22)
Every person owning or controlling any hotel, restaurant, café, or retail food establishment that uses a commercial refuse container shall cause all substances deposited in such containers to be removed from his premises on each day of operation. Such person shall cause the removal and disposition of such substances in accordance with the provisions of this Code and the rules or regulations of the department of health relating to the disposition and removal of such substances.
(Prior code § 99-23; Amend Coun. J. 7-7-99, p. 6985)
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