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(1) Zone of nonoperation. No person shall grind or compact, or load into a mobile or stationary grinding or compacting device, garbage, wastes, refuse or other matter (within the meaning of Section 4-6-130, of this chapter), without a special permit, between the hours of 9:30 p.m. and 7:00 a.m., Mondays through Fridays, and between the hours of 9:30 p.m. and 9:00 a.m., Saturdays, Sundays and holidays, on any street, alley, public way or on public or private property within the boundaries of the City of Chicago, which: (A) is within the area bounded by Weed Street on the north, Halsted Street on the east, Blackhawk Street on the south and Dayton Street on the west, or (B) adjoins or is within 250 feet of any business or residential zoning classification as defined in the Chicago Zoning Ordinance; except that this section shall not apply to that area bounded by the Chicago River on the north, Lake Michigan on the east, a line delineated by Ida B. Wells Drive extended and Ida B. Wells Drive on the south, the South Branch of the Chicago River on the west. Special permits to operate within the zone of nonoperation during the hours prohibited aforesaid, may be issued by the commissioner of streets and sanitation only after a showing, based on health, safety or public welfare that an extreme hardship exists. This section shall not apply to household appliances.
(2) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of, any of the provisions of this Section 7-28-226, shall upon conviction thereof, be fined not less than $500.00 nor more than $1,000.00.
(Added Coun. J. 5-9-12, p. 27485, § 157; Amend Coun. J. 11-8-12, p. 38872, § 143; Amend Coun. J. 12-12-12, p. 42395, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 4)
(a) Every owner, manager or general contractor of any building, structure or parcel, for which a permit for new construction or demolition at the site has been issued, shall provide and maintain in good condition and repair commercial refuse containers sufficient in size and number to prevent any overflow or accumulation of refuse outside of the containers.
(b) It shall be the duty of every owner, manager or general contractor to cause all refuse, excluding construction or building material and debris, produced or located at the site to be deposited daily in the commercial refuse containers.
(c) It shall be the duty of every owner, manager or general contractor to keep each commercial refuse container located at the site covered with a tightly fitted cover at all times, except when opened for deposit or removal of the refuse.
(d) It shall be the duty of every owner, manager or general contractor to cause to be removed at his own cost and expense all refuse, excluding construction or building material and debris, located at the site. The removal shall be of such frequency to prevent the overflow and accumulation of refuse outside of the containers and shall be in accordance with the provisions of this Code.
(e) No container used for the storage, collection and removal of refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof.
(f) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-2-01, p. 57399, § 1)
Standard and commercial refuse containers shall be placed for collection in the following manner:
(a) (1) Except as provided in subsection (a)(2) of this section, for alley collections, at the public alley lot line on the premises served so as to be immediately accessible to refuse collection vehicles. It shall be the duty of the property owner or his agent to provide suitable space at such public alley lot line for such container; provided, however, that a container may be placed in the public way if: (i) the property does not have suitable space as determined by the Department of Streets and Sanitation and defined in the rules promulgated pursuant to this chapter, and (ii) the structure on the property was in existence on July 31, 1999.
(2) A property owner or his agent seeking City refuse collection may petition the Commissioner of Streets and Sanitation to be allowed to place one or more refuse containers in the public alley if the property owner or his agent can show: (i) that there is insufficient room to put the containers on the owner’s property; (ii) that the refuse containers can be placed directly adjacent the owner’s property; and (iii) that the containers can be placed so as to not obstruct traffic through the alley. The Commissioner shall reject the petition if all three conditions are not satisfied.
(b) For curb collections, at the curb line not earlier than the evening preceding the designated collection day, and removal from the public way not later than the evening of such day, except for occupational units not operating on the day after collection.
(c) No container used for the storage, collection and removal of garbage or other refuse shall be placed so as to constitute a nuisance to adjacent property or the occupants thereof. If a refuse container belonging to one property is found in a location other than one of the locations prescribed by this section, the owner of the property which the container serves shall be liable for a violation of this section.
(Prior code § 99-17; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 1)
(a) Except as otherwise provided in this section, the City shall be the exclusive provider of refuse collection services to the dwelling units identified in subsection (a)(1)(i) through (a)(1)(iv) of this section, and to the properties identified in subsection (a)(2) of this section, if such dwelling units or properties directly abut the public way and the refuse container is placed for collection in accordance with Section 7-28-230:
(1) for dwelling units:
(i) a single dwelling;
(ii) a multiple dwelling containing four or fewer dwelling units;
(iii) a townhouse when the refuse container is placed for collection in compliance with Section 7-28-230; or
(iv) a multiple dwelling that is licensed as a bed-and-breakfast establishment pursuant to Section 4-6-290 and contains four or fewer dwelling units unless the Commissioner of Streets and Sanitation determines that the establishment is producing an unreasonable amount of refuse for a building of its size, notifies the owner or owner's agent of such fact in writing, and provides the owner or owner's agent with an opportunity to correct the problem in a manner prescribed by the Commissioner; and
(2) for all property owned by a not-for-profit organization if such property was receiving City refuse collection services as of January 1, 2016. Provided, however, that such not-for-profit organization shall be required to have its refuse collected by a private scavenger holding a valid license under Section 4-6-130 if: (A) such not-for-profit organization has net assets or fund balances of one million dollars ($1,000,000.00) or more at the end of the immediately preceding tax year or calendar year; or (B) the property owned by such not-for-profit organization either: (i) contains eleven or more garbage carts for refuse collection, or (ii) is determined by the Commissioner of Streets and Sanitation ("Commissioner") to require eleven or more garbage carts in order to prevent refuse from: (a) overflowing the carts provided, or (b) exceeding the capacity of the carts provided in a manner that prevents the lids of the carts provided from being securely fastened shut, or (c) creating other unsanitary conditions on the property; or (C) such not-for-profit organization fails to file with the Department of Finance a timely and completed application for an exemption from water charges within the meaning of Section 11-12-540(d). Provided further, that:
(i) The Commissioner shall provide the owner of any property that is ineligible for City refuse collection services under subsection (a)(2)(A), (a)(2)(B) or (a)(2)(C) of this section with written notification of such fact, which notification shall provide the owner with an opportunity to be heard by the Commissioner or the Commissioner’s designee on the limited question of whether the eligibility criteria for City refuse collection services have been met. Following such written notification, the Commissioner shall cease providing City refuse collection services to such property as of the date certain identified in the written notification.
(ii) After written notification to the Commissioner, an owner of any property that is eligible to receive City refuse collection services under this subsection (a)(2) may choose to provide for refuse collection by a private scavenger holding a valid license under Section 4-6-130.
(b) Except as otherwise provided in subsection (c) of this section, the owner of any dwelling unit or property required to have City refuse collection pursuant to this section shall be responsible for payment of a refuse collection fee of $9.50 per month per dwelling unit or per property for those properties subject to subsection (a)(2). The billing of the refuse collection fee and penalties authorized by this section shall be added to and separately recited upon a unified statement of charges, as that term is defined in Section 11-12-010. The unified statement of charges shall be prepared and sent to the billed party in such time periods as established by the Comptroller and shall be subject to Section 11-12-480.
(c) The refuse collection fee for a person 65 years or older who (i) owns and resides in his own dwelling unit, and (ii) receives a Senior Citizen Assessment Freeze Homestead Exemption for that dwelling unit pursuant to 35 ILCS 200/15-172, shall be 50% of the refuse collection fee set forth in subsection (b). The Comptroller is authorized to promulgate rules for the administration of this subsection, including any requirements for an application in a form and format prescribed by the Comptroller.
(d) A late payment penalty assessed at a monthly rate of one and one-quarter percent shall be imposed on all refuse collection fee for which payment in full is not received within 24 calendar days from the date the unified statement of charges was sent as shown by the records of the Department of Finance. Where the correctness of a charge imposed under this section is disputed and where complaint of such incorrectness has been made prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the resending of such bill.
(e) (1) Unless otherwise provided by law or rule, a full payment certificate for refuse collection charges is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate for refuse collection charges, an application with an application fee of $50.00 shall be made to the Comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding refuse collection charges and penalties that have accrued.
(2) Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment for full payment of refuse collection charges shall be obtained from the Comptroller upon application and payment of an application fee of $50.00. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. Subsequent transfers of a unit within a condominium building subject to this section require a certificate of payment.
Where a townhome or condominium association's assessments include the individual owner's share of the refuse collection charge, the Comptroller may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of $50.00.
(Added Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 11-9-16, p. 36266, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 2; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 2; Amend Coun. J. 7-20-22, p. 50569, § 3)
(a) Multiple dwellings. Except for those dwelling units required to have city refuse collection pursuant to section 7-28-235, it shall be the duty of the owner, or agent thereof, of every multiple dwelling containing 5 or more dwelling units to cause all refuse produced therein to be removed from the buildings at least once each week at such owner's or agent's own cost and expense.
(b) Occupational units. It shall be the duty of the occupant of every occupational unit to cause all refuse produced therein to be removed from the property at least once each week at such occupant's own cost and expense.
(Prior code § 99-18; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 6-28-00, p. 36650, § 1; Amend Coun. J. 9-4-03, p. 7118, § 22; Amend Coun. J. 12-7-05, p. 64870, § 1.3; Amend Coun. J. 5-9-12, p. 27485, § 158; Amend Coun. J. 7-29-15, p. 3535, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
Editor’s note – Coun. J. 11-26-19, p. 11390, Art. XI, § 1, repealed § 7-28-250, which pertained to refuse collection cost and reimbursement. Coun. J. 11-26-19, p. 11390, Art. XI, § 2, provides: "Rebate requests that were properly submitted and referred to the Committee on Finance prior to February 1, 2016, pursuant to Section 7-28-250, are hereby transferred for processing to the Comptroller, who is authorized to process rebate requests in conformity with Section 7-28-250, notwithstanding its repeal."
(a) It shall be the duty of the owner, his agent or occupant of every single dwelling, multiple dwelling producing less than 32 gallons of refuse per week,]* or a multiple dwelling, occupational unit to cause all refuse produced therein to be deposited in a refuse container or compactor as provided in Section 7-28-220 or 7-28-225, and to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse. The owner, his agent or occupant shall maintain the container so that all refuse spilled during usage is removed and the area is cleaned in a timely manner. It shall be unlawful for any person other than the owner, his agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever.
* Editor's note – Bracket shown is as set forth in Coun. J. 7-7-99, p. 6985, an amending ordinance in which bracketed material was to be deleted but no initial bracket was published.
(b) It shall be the duty of every person responsible for the installation, use or emptying of a sanitary refuse container to keep a tightly fitting cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse.
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each use. Each day that a violation continues shall constitute a separate and distinct offense.
(Prior code § 99-19; Amend Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)
(a) No person shall deposit refuse in a standard or commercial refuse container, or compactor, in a manner that prevents complete closure of the container's cover, or deposit refuse on top of a container in a manner that interferes with opening of the container, or pile or stack refuse against a container.
(b) The owner, his agent or occupant of a property shall not allow any person to violate subsection (a) of this section. The presence of refuse preventing complete closure of the container's cover, deposited on or piled or stacked against a standard refuse container, a commercial refuse container, or compactor shall be prima facie evidence of violation of this subsection (b).
(c) Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985)
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