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)