7-28-720 Accumulation of materials or junk.

   It shall be unlawful for any person to accumulate or permit the accumulation on any open lot, or other premises, any lumber, boxes, barrels, bricks, stones, scrap metal, motor vehicle bodies or parts, or similar materials, or any articles of junk, which provides rat- harborage, unless the same shall be placed on open racks that are elevated not less than 18 inches above the ground, evenly piled or stacked.

   Any person who violates this section shall be fined not less than $300 nor more than $5,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Prior code § 99-61.8; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 7-28-10, p. 97912, § 8; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1; Amend Coun. J. 10-11-17, p. 56894, § 1)

7-28-730 Rat-stoppage by owner – Lien.

   Upon receipt of notice in writing from the building commissioner or the commissioner of streets and sanitation the owner, agent, or occupant in charge of any building, structure or premises specified in such notice shall take immediate measures for the rat- stoppage of such building or structure and for freeing the premises of all rats, and unless said work is completed in the time specified in the notice, in no event to be less than 15 days, or any written extension thereof that may be granted by the commissioner who issued the notice, then the owner, agent, or occupant in charge of said building, structure or premises shall be deemed guilty of a violation of this ordinance.

   Whenever the owner, agent or occupant in charge of any building, structure or premises, after being served with notice as provided in this section has failed within the time fixed in the notice, to perform all work necessary to prevent the ingress of rats to said building or structure or to exterminate rats from the premises described in said notice, the commissioner who issued the notice or any person duly authorized by either of them may go on the premises and do such work as is necessary to free said premises from rats and to maintain said premises in a rat-stopped condition. The cost and expense incurred for all work and materials shall be charged to and collected from the owners and persons interested in said premises and the city or persons performing such work or furnishing such materials therefor shall have a lien on said premises and may enforce the same as provided by statute.

(Prior code § 99-61.9; Amend Coun. J. 11-16-94, p. 61206)

7-28-735 Food establishments.

   (a)   Whenever conditions of a building, structure or premises occupied by a food establishment afford food or harborage for rodents which create an imminent hazard to public health, the commissioner of streets and sanitation shall notify, in writing, the owner, agent or the person in control of the food establishment, directing the owner or person in control to correct such conditions, including properly storing or handling food that is prepared, sold or served in or from the establishment, and the freeing of the establishment of rodent infestation. The notice shall set a date by which the measures must be taken. After the notice is given, but before the allotted time has elapsed for compliance, the owner may request a hearing to file exceptions to and to contest the notice or the owner may request the commissioner to extend the time allowed for compliance. In any case, the request must be filed with the commissioner of streets and sanitation within 24 hours of receipt of the notice, excluding Saturdays, Sundays and legal holidays. Upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall appoint an administrative law officer who shall conduct the hearing within 48 hours of the owner's request for a hearing, excluding Saturdays, Sundays and legal holidays. Unless the administrative law officer deems that there is no imminent hazard to public health or a time extension is granted by the commissioner of streets and sanitation, the commissioner may order the immediate closure of the food establishment until the conditions are corrected and the establishment is freed of rodent infestation. For purposes of this section, a “food establishment” means any business required to obtain a license pursuant to Chapter 4-8 of this Code.

   (b)   All food establishments shall contract with a licensed exterminator who shall provide insect and vermin services at the establishment at least twice a year.

(Amend Coun. J. 3-10-99, p. 91043)

 

Notes

4-8

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ARTICLE VI. LOT MAINTENANCE (7-28-740 et seq.)

7-28-740 Lot maintenance – Required.

   It shall be the duty of the owner of any open lot located within the City of Chicago to keep such lot free of garbage, ashes, refuse, trash, rubbish, miscellaneous waste, manure or other substance that may contain disease germs or be scattered by the wind, or decompose, or become filthy, noxious or unhealthful. Any person who violates any provision of this section shall be fined not less than $300 nor more than $600 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Prior code § 99-62; Added Coun. J. 2-11-87, p. 39626; Amend 7-31-90, p. 19384; Amend Coun. J. 7-29-09, p. 67509, § 1; Amend Coun. J. 7-28-10, p. 97912, § 9; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1)

7-28-750 Noncombustible screen fence required – Nuisance declared when.

   (a)   It shall be the duty of the owner of any open lot located within the City of Chicago to cause the lot to be surrounded with a noncombustible screen fence as defined in Section 13-96-130 of this Code. Provided, however, that this section shall not apply to any governmental agency or unit of local government; nor shall it apply to sideyards. The owner shall maintain any such fence in a safe condition without tears, breaks, rust, splinters or dangerous protuberances and in a manner that does not endanger or threaten to endanger vehicular traffic by obstructing the view of drivers. Any fence which is not maintained in accordance with these provisions is hereby declared to be a public nuisance and shall be removed pursuant to the provisions of this Chapter 7-28. It shall be the duty of the owner of any lot whose fence has been so removed to replace such fence with a noncombustible screen fence meeting the requirements of this section and of this Code.

   (b)   The owner of any open lot located within the City of Chicago shall affix at least one sign meeting the requirements of this subsection to any fence required under subsection (a) of this section. Such sign shall: (1) indicate the name, address and telephone number of the current owner of the open lot; (2) be made of a durable material; (3) contain lettering in a color that contrasts sharply with the background color of the sign; (4) be affixed to the fence in a conspicuous and prominent location so as to be clearly visible and legible from the public sidewalk or public street nearest to the fence on which such sign is affixed; and (5) be maintained in safe and proper condition. The department of streets and sanitation is authorized to promulgate rules and regulations necessary to implement the requirements of this subsection and shall enforce this subsection in accordance with the requirements of Sections 2-100-110 and 7-28-780.

   (c)   For purposes of this section, the term “owner” shall have the meaning ascribed to the term in Section 13-4-010 of this Code.

   (d)   Any person who violates any provision of this section shall be fined not less than $300 nor more than $600 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 it shall be a defense to a violation adjudicated under this section if the owner, as defined in subsection (c) of this section, proves to the administrative law officer at the time of the initial hearing on the issue of whether a violation under this section occurred that such owner has installed, as applicable, fencing meeting the requirements of subsection (a) of this section or signage meeting the requirements of subsection (b) of this section or both.

(Prior code § 99-63; Added Coun. J. 2-11-87, p. 39626; Amend Coun. J. 7-31-90, p. 19384; Amend Coun. J. 10-8-08, p. 39855, § 1; Amend Coun. J. 7-29-09, p. 67509, § 1; Amend Coun. J. 7-28-10, p. 97912, § 10; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1)

 

Notes

2-100-110

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.

7-28-760 Severability.

   If any part, provision, phrase or application of Section 7-28-740 and 7-28-750 is found to be invalid for any reason, only said part, provision, phrase or application will be affected.

(Prior code § 99-64; Added Coun. J. 2-11-87, p. 39626; Amend 7-31-90, p. 19384)