7-28-450 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials – Owner responsible for removal – Nuisance – Violation – Penalty.

   a.   Lot in ill-maintained condition — Unremoved ashes, refuse, waste or other debris. Except as otherwise provided in Section 7-28-720, the owner, as defined in Section 7-28-005, of any business or residence or lot or tax parcel of real estate, whether improved or unimproved, vacant or occupied, shall remove or cause to be removed from such property any abandoned or derelict motor vehicle as defined in Section 9-80-110 ; garbage; ashes; refuse; trash; rubbish; waste; manure; or other substance or material that may contain disease or germs, or be scattered by the wind, or decompose, or become noxious or unhealthful or otherwise threaten the public health, safety or welfare. Unremoved material of such nature is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a fine of not less than $750.00 nor more than $5,000.00 for each offense. Each day such violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

   Provided, however, that the requirements of this subsection shall not apply to governmental entities or to persons upon whose property such material is permitted to accumulate pursuant to a valid and properly issued license or permit or if allowed under provisions of the Zoning Code governing special uses in general and heavy manufacturing districts.

      b.   Unremoved material or debris under railroad tracks. The owner, as defined in Section 7-28-005, of any railroad track which lies upon any overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway shall maintain the area immediately beneath the overpass, bridge, trestle, viaduct, tunnel or other elevated railroad passageway clear of any track materials, including any rail, ties or ballast, and any debris which has fallen to the ground from the track or elevated passageway structure, including any rocks, concrete, stone, wood or metal. Unremoved material or debris of such nature is hereby declared to be a public nuisance. Any person found in violation of this section shall be punished by a penalty of not less than $500.00 and not more than $1,000.00 for each offense. Each day on which such an offense shall continue shall constitute a separate and distinct offense. This subsection shall not apply to the Chicago Transit Authority.

   c.   For purposes of this section, the terms “ashes”, “dispose”, “refuse”, “garbage” and “waste” shall have the meaning ascribed to those terms in Section 11-4-120.

(Prior code § 99-36.1; Amend Coun. J. 12-18-86, p. 38654; 3-9-88, p. 11146; 7-31-90, p. 19384; 12-11-91, p. 10978; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 1-12-00, p. 24174, § 1; Amend Coun. J. 11-3-04, p. 34974, § 2; Amend Coun. J. 7-19-07, p. 4396, § 1; Amend Coun. J. 7-28-10, p. 97912, § 5; Amend Coun. J. 10-11-17, p. 56894, § 1)

 

Notes

9-80-110

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