7-28-315 Removal of litter from a retail establishment's parking area.

   (a)   Every person owning, managing or controlling any retail establishment with an adjacent parking area provided for customer use shall cause to be removed at his own expense all litter located in the parking area. The removal shall be in accordance with the provisions of this Code and the rules and regulations of the department of health related to the removal and disposition of litter. It shall be the duty of the owner or manager to cause all litter placed in the litter baskets to be deposited daily in the retail establishment's commercial refuse container for removal by a licensed scavenger.

   (b)   It shall be the duty of the owner or manager to provide and maintain in good condition and repair litter baskets, sufficient in size and number to prevent any overflow or accumulation of litter outside of the containers. Litter baskets shall be placed at appropriate locations throughout the parking areas so as not to constitute a nuisance to adjacent properties or the occupants thereof.

   (c)   Unremoved litter is hereby declared to be a public nuisance. It shall be the duty of the commissioner of streets and sanitation or a designee to serve notice in writing by certified mail upon the owner or manager where a nuisance may be found, requiring him to abate the nuisance within three days from the date of receipt of notice. The commissioner may prescribe in his notice the manner in which any nuisance shall be abated. If the owner or manager fails within three days from the date of notice to abate the nuisance, or if the owner or manager is unknown or cannot with due diligence be found, the commissioner may proceed to abate the nuisance or seek to enjoin the nuisance. In addition to any fine or penalty, an amount equal to three times the cost or expense incurred by the city in abating a nuisance may be recovered in an appropriate action instituted by the corporation counsel. Nothing in this section shall be construed to prevent the City of Chicago from acting without notice to abate a nuisance in an emergency where the nuisance poses an immediate threat to public health or safety, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.

   (d)   Any owner or other person found in violation 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)