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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 | 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) Definitions. As used in this section:
“Commissioner” means the commissioner of streets and sanitation or the commissioner of health or their respective designees.
“Owner” has the meaning ascribed to the term in Section 13-4-010.
“Property” means any lot, tax parcel of real estate, railroad track, residence, place of business or any portion thereof, whether improved, unimproved, vacant or occupied.
“Substantial risk” means any violation of Section 7-28-450 which, due to its nature, size, scope, reoccurrence or lack of remediation by the owner, poses a serious or ongoing threat to the environment or to the public health, comfort, safety or welfare of any person or of the community. The term “substantial risk” includes any serious threat that is present now or is expected to occur within a reasonably short period of time, even though the impact of the threat may not be felt until later.
(b) Violations of Section 7-28-450 that pose a substantial risk to the public – Nuisance – Notice – City authorized to abate – Penalty – Costs. Any violation of Section 7-28-450 that poses a substantial risk to the environment or to the public health, comfort, safety or welfare of any person or of the community shall be a violation under this section and is hereby declared to be a public nuisance. Such public nuisance shall be subject to the notice and abatement provisions set forth in this section. Any person who violates any of the requirements of this subsection shall be subject to twice the amount of the fine that applies for violations of subsections (a) or (b) of Section 7-28-450, as applicable. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
In addition to such fine, any person who violates this subsection shall be liable to the city for any and all costs and expenses incurred by the city in abating a nuisance under this section, plus a penalty of up to three times the amount of the costs and expenses incurred by the city in abating such nuisance. Such monies may be recovered in an appropriate action instituted by the corporation counsel or in a proceeding initiated by the department of streets and sanitation or the department of health at the department of administrative hearings. The penalties imposed by this subsection shall be in addition to any other penalty provided by law.
(c) Notice to abate. If the commissioner determines that any violation of Section 7-28-450 poses a substantial risk to the environment or to the public health, comfort or safety of any person or of the community, the commissioner shall serve notice, in writing, upon the owner of the property on which such nuisance is occurring ordering such owner to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe. If such owner fails to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe or if the owner is unknown or cannot with due diligence be found, the applicable commissioner may proceed to abate the nuisance or seek to enjoin the nuisance.
If a motor vehicle is the nuisance or a part of the nuisance, the commissioner shall serve notice, in writing, upon the last registered owner of the vehicle or owner of the lot where the vehicle is located ordering such owner to remove the vehicle by the date certain set forth the notice and informing such owner that if the vehicle is not removed by the date certain set forth in the notice or order, the commissioner is authorized to and may cause the vehicle to be removed and impounded.
The notice or order required under this subsection shall be served on the owner, with or without a return receipt requested, (i) by first class mail or express mail or priority mail or certified mail or registered mail or by overnight carrier or express courier service at the owner's residence address or, if the owner is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by personal service, including personal service upon an employee or agent of the owner at a place of business of the owner or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if service cannot be made by either of (i) or (ii) above, by posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found.
(d) Emergency abatement. Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance under this section, where such nuisance poses an imminent threat to the public health, safety or welfare or in the event of any other emergency. If emergency abatement under this section is required, the city may recover under Section 1-20-020 any and all costs associated with such emergency abatement.
(e) Other requirements. Nothing in this section shall be construed to deny to any person any statutory or common law right to abate a nuisance or to prevent the city from seeking any or all remedies that may be provided by law.
(Added Coun. J. 7-28-10, p. 97912, § 6; Amend Coun. J. 2-9-11, p. 112123, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
Notes
| 1-20-020 | 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. |
No lime, ashes, coal, dry sand, hair, feathers, or other substance that may be scattered by the wind, shall be sifted through a sieve, agitated, or exposed. No mat, carpet, or cloth shall be shaken or beaten, nor any cloth, yarn, garment, material, or substance be scoured, cleaned, or hung, nor shall any business be conducted over or in any public way, or where particles set in motion therefrom will pass into any public way, or into any occupied premises. No usual or reasonable precaution shall be omitted by any person to prevent fragments or other substances from falling, or dust and light material from flying, into any public way or into any place or building from any building or structure while the same is being altered, repaired, or demolished. Any person who violates this section shall be subject to a fine of not less than $300.00 and not more than $1,000.00 for each offense. Each day that such a violation continues shall be considered a separate and distinct offense.
(Prior code § 99-38; Amend Coun. J. 11-15-00, p. 46866, § 1)
It shall be unlawful for any person to place, throw, deposit, or cause to be placed, thrown, or deposited, any substance, papers, refuse, or other article, or any material, on the roof of any building, or in any light or air shaft, court, or areaway that will cause the dissemination of dust or odors, or be productive of a nuisance or a menace to the health, comfort, or safety of any person or of the community. No person in possession or control of any building shall permit or allow the deposit or accumulation on the roof of said building or in any light or air shaft, court, or areaway, of any waste material, refuse, or other object or thing that will cause a nuisance or be injurious to the health, comfort, or safety of any person or of the community.
(Prior code § 99-39)
It shall be the duty of the commissioner of buildings or his authorized representative to make inspections at least twice each year of the roofs, light and air shafts, courts, and areaways of all buildings where he has reason to believe a nuisance exists or any of the regulations of this Code are being violated. It shall be the duty of the person in possession or control of any such building to allow the commissioner of buildings or his authorized representative entrance or access, at all reasonable times, to such building for the purpose of inspection or for the making of such records as may be necessary.
(Prior code § 99-40)
Every person engaged in or conducting in the city the business of roofing of buildings, shall remove the dirt and roofing refuse from the roofs by lowering it in buckets or containers, or with ropes, pulleys, or other mechanical devices while repairing or renewing roofs.
(Prior code § 99-42)
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