10-28-790 Penalty for violation.

   Any person who violates this article, including any rules or regulations promulgated thereunder, shall be subject to a fine of not less than $25.00 and not more than $200.00. Each day that a violation occurs shall constitute a separate and distinct offense.

(Added Coun. J. 4-1-98, p. 65351)

ARTICLE XI-B. REFUSE COMPACTORS/GREASE CONTAINERS* (10-28-791 et seq.)

* Editor's note – Article XI-B, as added by Coun. J. 7-7-99, p. 6985, § 2, included eight new sections which were numbered by fours as §§ 10-28-800 – 10-28-828. Because Article XII of this chapter already contains a section numbered § 10-28-800, the sections added by Coun. J. 7-7-99, p. 6985, § 2, have been renumbered as §§ 10-28-791 – 10-28-798.

10-28-791 Defined.

   For the purposes of this article, the term “refuse compactor” means a semipermanent, leak and rodent resistant container constructed of impervious material and capable of temporarily storing and reducing the volume of refuse contained within it a minimum of 65 percent. For purposes of this article, the term “grease container” means any container used for the storage, collection or removal of cooking grease or kindred refuse. The owner or his agent or occupant of an occupational unit may erect and maintain a refuse compactor or grease container on the public way only in compliance with the procedures set out in this Article XI-B and shall be granted only if the department of streets and sanitation determines that the premises has no other suitable location for the compactor. The commissioner of the department of streets and sanitation shall have the authority to promulgate rules and regulations regarding the definition of suitable location.

(Added Coun. J. 7-7-99, p. 6985, § 2; Amend Coun. J. 10-3-01, p. 68141, § 3)

10-28-792 Permit required.

   It shall be unlawful for any person to erect, locate, construct or maintain any refuse compactor or grease container on the public way or any other unenclosed property owned or controlled by the City of Chicago without obtaining a permit therefor from the commissioner of streets and sanitation as hereinafter provided. Notwithstanding any other provision of this chapter, such permit is the only authorization required for placement of a refuse compactor or grease container on the public way. There shall be no permit fee or application fee for a permit for a refuse compactor or a grease container on the public way. The administration of city permits for use of the public way for refuse compactors or grease containers obtained prior to the effective date of this ordinance shall be transferred to the department of streets and sanitation. Such permittees shall receive notice that no annual fees shall be due to the city. The requirements of this article do not include those refuse compactors or grease containers installed on private property. The commissioner or his designee may grant a waiver or variance from this requirement at his discretion, pursuant to standards created through the promulgation of rules and regulations.

   Any refuse compactor or grease container on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.

(Added Coun. J. 7-7-99, p. 6985, § 2; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 8; Amend Coun. J. 2-10-16, p. 18540, § 2)

10-28-793 Permit – Application.

   Application for a permit to erect a refuse compactor or grease container on the public way shall be made by the owner or his agent of the building or other structure served by the refuse compactor or grease container to the commissioner of streets and sanitation on forms provided by the department of streets and sanitation. The commissioner shall promulgate rules and regulations governing permit applications for refuse compactors and grease containers on the public way. The application shall include (I) the name and address of the applicant and the address of the location to be served by the refuse compactor and/or grease container; (ii) a site drawing to indicate the intended location of the refuse compactor and/or grease container in relation to the building(s) or other structures it serves, the public street(s) and alley(s), existing public signs, parking meters, trees and other permanent attachments to the public way (iii) the specifications of the proposed refuse compactor and/or grease container, including dimensions, capacity and electrical hookups; and (iv) such other information as the commissioner determines to be necessary.

   The commissioner shall approve or deny an application for a permit not more than 15 business days after receiving the application and the appropriate approval from any necessary city departments. If the commissioner of streets and sanitation denies the application, he shall notify the applicant in writing of the denial and the reasons therefor not more than 15 business days after receiving the application and the appropriate response from any necessary city departments.

(Added Coun. J. 7-7-99, p. 6985, § 2)

10-28-794 Permit – Liability insurance.

   (a)   No permit for installment or erection of a refuse compactor or grease container on the public way shall be issued unless the applicant provides proof to the commissioner that the applicant has commercial general liability insurance for bodily injury, personal injury and property damage, naming the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and for any loss, claim, casualty or liability arising from the erection, maintenance or use of the refuse compactor. The insurance shall be in an amount determined by the city comptroller, office of risk management, to be sufficient to cover all such liabilities, and shall not be subject to cancellation except upon 30 days' advance written notice to the commissioner. The insurance shall commence from the erection of the refuse compactor and shall remain in effect as long as the refuse compactor or grease container remains on the public way.

   (b)   As an additional condition, apart from and separate from any insurance requirement under this section, to the issuance of the permit, the owner of the building(s) or structure(s) served by a refuse compactor or grease container located on the public way shall indemnify, defend and hold the City of Chicago, its agents, officers and employees harmless from all losses, damages, injuries, claims, demands and expenses arising out of the erection, maintenance and use of the refuse compactor or grease container.

(Added Coun. J. 7-7-99, p. 6985, § 2; Amend Coun. J. 11-8-12, p. 38872, § 188; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 38; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 37)

10-28-795 Revocation of permit.

   The commissioner of streets and sanitation shall revoke the refuse compactor or grease container public way permit issued to any person who erects or maintains the refuse compactor or grease container in violation of the terms of the permit or of any provision of this municipal code. Before revoking the permit, the commissioner shall notify the permit holder in writing of the nature of the charged violation, of the commissioner's intent to revoke the permit and of the permit holder's opportunity for a hearing on the charge. The notice shall be given either by first class mail or by personal service. Within 15 days after the mailing of the notice, the permit holder may submit a written request for a hearing. Upon receipt of a timely request for a hearing, the commissioner shall institute an action with the department of administrative hearings. Administrative hearings for the adjudication of permit revocations issued pursuant to this section shall be conducted by the department of administrative hearings in accordance with Chapter 2-14 of this Code.

(Added Coun. J. 7-7-99, p. 6985, § 2)

10-28-796 Violation – Penalty.

   In addition to the revocation procedure described in Section 10-28-795, a person found guilty of erecting or maintaining a refuse compactor or grease container on the public way without a permit or in violation of this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense, as well as attorney's fees and costs of prosecution. Each day that a violation shall continue shall constitute a separate and distinct offense. The owner of a refuse compactor or grease container erected or maintained in violation of this chapter may be notified by the department of streets and sanitation to remove the container within 24 hours of such notification or shall be subject to removal by the city at the owner's expense. Such violation(s) shall also be reported to the department of health for appropriate action.

(Added Coun. J. 7-7-99, p. 6985, § 2)

10-28-797 Severability.

   The provisions of this article are severable. If any section, clause, provision, portion or application of those sections is determined by any court to be invalid for any reason, the validity of the remaining sections, clauses, provisions or portions of those sections, and their application to other circumstances, shall not be affected thereby. It is the intention of the city council that this article would have been enacted by the city council regardless of the invalid sections, clauses, provisions, portions or applications of those sections.

(Added Coun. J. 7-7-99, p. 6985, § 2)

10-28-798 Enforcement authority.

   The commissioner of streets and sanitation shall have the authority to adopt such orders, rules and regulations as he may deem necessary for the proper administration and enforcement of the provisions of this article.

(Added Coun. J. 7-7-99, p. 6985, § 2)

ARTICLE XI-C. DUMPSTERS/ROLL OFF BOXES ON THE PUBLIC WAY* (10-28-799 et seq.)

* Editor's note – Coun. J. 11-1-00, p. 43330, § 4, provided that the provisions of this article were effective July 1, 2001. In addition, § 1 of that journal added such provisions as Art. XI-C, § 10-28-899. In order to maintain the sequence of articles, the provisions have been included herein as Art. XI-C, § 10-28-799 at the discretion of the editor.