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ARTICLE VI. LOT MAINTENANCE (7-28-740 et seq.)
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)
(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 screen fence as defined in Section 14B-31-3114 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 side yards. 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 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 one or more signs meeting the requirements of this subsection to any fence required under subsection (a) of this section. Such sign shall: (1) state "No parking. Tow Zone. Vehicles parked in this lot shall be towed per M.C.C. Section 7-28-780"; (2) indicate the name, address and telephone number of the current owner of the open lot; (3) be made of a durable material; (4) contain lettering in a color that contrasts sharply with the background color of the sign; (5) be affixed to the fence in a conspicuous and prominent location so as to be clearly visible and legible from all the public ways adjacent to the open lot; and (6) be maintained in safe and proper condition. The Department of Streets and Sanitation is authorized to promulgate rules necessary to implement this subsection and shall enforce this subsection in accordance with 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 Chapter 14A-2 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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 88; Amend Coun. J. 6-25-21, p. 32180, Art. IV, § 4; Amend Coun. J. 7-20-22, p. 50564, § 1)
(a) Definitions. As used in this section:
"Commissioner" means the Commissioner of Streets and Sanitation or the Commissioner's designee.
"Department" means the City's Department of Streets and Sanitation.
"Owner" has the meaning ascribed to the term in Chapter 14A-2.
"Vacant lot" means a subdivided or unsubdivided parcel of land which contains no temporary or permanent building or structure. A fence or signage required under Section 7-28-750 shall not be considered to be a structure on a vacant lot for purposes of this definition. The term "vacant lot" does not include: (i) a parking lot licensed as a public garage or accessory garage under Article IV of Chapter 4-232; or (ii) a parking lot established in compliance with the Chicago Zoning Ordinance or other applicable law.
(b) Parking Prohibited.
(1) The owner of any vacant lot located within the City shall not allow or cause the parking of any vehicle in that vacant lot. Failure to install or maintain a fence around a vacant lot, as required under subsection (a) of Section 7-28-750, shall create a rebuttable presumption that the owner of the vacant lot has allowed or caused the parking of any vehicle parked in the vacant lot. Any owner of a vacant lot who violates this subsection (b)(1) shall be subject to a fine of not less than $300 nor more than $500. Each day that such violation continues shall be considered a separate offense to which a separate fine shall apply.
(2) As provided in Section 9-64-115, it shall be unlawful to park any vehicle in a vacant lot.
(c) Public Nuisance. Any vehicle parked in a vacant lot is hereby declared to be a public nuisance. Except as otherwise provided in this subsection, upon instituting an administrative adjudication proceeding or filing of a case in a court of law against the owner of a vacant lot for violation of subsection (b)(1) of this section, the Department shall post a yellow sticker on each vehicle currently parked in the vacant lot, specifying that any and all vehicles parked in said lot shall be subject to tow if the owner of the vacant lot is found liable of violating subsection (b)(1). On or after a finding by the Department of Administrative Hearings that the lot owner violated subsection (b)(1), the Department shall post a 10-day notice in the form of a red sticker on each vehicle parked in said vacant lot, specifying that the vehicle shall be subject to tow if not removed within 10 days. The Department is authorized to tow, or may cause to be towed, any vehicle parked in the vacant lot after the expiration of the 10-day notice posted on such vehicle pursuant to this subsection. Any vehicle not removed from a vacant lot within 10 days of posting of the red sticker is deemed abandoned under the terms of this subsection (c).
If the owner of a vacant lot has been found liable for violating subsection (b)(1), then (i) the Department need not place a yellow sticker on any vehicle before towing it from said vacant lot; and (ii) any vehicle parked in said lot before or after the finding of liability is subject to tow 10 days after the placement of the 10-day notice on the vehicle without further notice or adjudication.
Any vehicle towed pursuant to this subsection shall be taken to an authorized facility. In such event, the owner of the vacant lot on which the towed vehicle was parked shall be liable to the City for any and all costs and expenses incurred by the City in towing the vehicle, except for towing and storage fees, plus a penalty of up to three times the amount of the costs and expenses incurred by the City. Provided, however, if the owner of the vacant lot is also the registered owner of a vehicle towed pursuant to this section, in addition to other costs and penalty provided in this subsection, the owner of the vacant lot shall be liable to the City for the towing and storage charges as provided in Sections 9-92-080 and 9-92-100(e) and the costs of postage for notices and costs of collection. Such monies may be recovered in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Department 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.
(e) Lien. The costs and expenses incurred by the City in removing vehicles parked in a vacant lot, except for towing and storage fees, plus the amount of any applicable penalty incurred pursuant to this section shall constitute a lien against the affected vacant lot if the City or its authorized agent files a notice of lien in the Office of the County Recorder. The notice of lien shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred by the City or payable for the service plus the amount of any applicable penalty incurred pursuant to subsection (b) of this section;
(3) The date or dates when the cost or expense was incurred by the City.
The notice of lien shall be filed within 60 days after the cost and expense and any applicable penalty is incurred; provided, however, that nothing in this section shall be construed to prohibit the City from collecting any amount of money owed to the City as set forth in the findings, decision and order of an Administrative Law Officer or in a judgment entered by a court of competent jurisdiction or in any other manner permitted by law.
Upon payment, after a notice of lien has been filed, of the amount of money representing the cost and expense incurred by the City, plus the amount of any applicable penalty incurred pursuant to this section, the lien shall be released by the City for filing by the owner in the Office of the County Recorder.
(f) Post-Tow Notice. If a vehicle parked in a vacant lot is towed by the Department as provided in subsection (c) of this Section, the owner of the towed vehicle shall be entitled to notice, consistent with Section 9-92-070, of the right to request a hearing regarding the validity of the tow and any towing or storage charges as provided in Section 9-92-080. Whenever the Department is not able to ascertain the name of the owner of an impounded vehicle or for any reason is unable to give notice to the vehicle owner as provided in this subsection (f), the Department shall immediately send or cause to be sent a written report of such tow by mail to the Secretary of the State of Illinois. Such notice shall include a complete description of the vehicle, the date, time, and place from which towed, the reasons for such tow, and the address of the authorized facility where the vehicle is stored. Unclaimed motor vehicles towed under subsection (c) of this Section shall be disposed of as provided in Section 9-92-100.
In addition to applicable penalties, the last registered owner of the vehicle towed under subsection (c) shall also be liable to the City for the towing and storage charges as provided in Sections 9-92-080 and 9-92-100(e) and the costs of postage for notices and costs of collection.
(g) Exceptions. This section shall not apply to a motor vehicle on the premises of a licensed business establishment.
(h) Rules. The Department is authorized to adopt rules for the proper administration and enforcement of this section.
(Added Coun. J. 7-20-22, p. 50564, § 2; Amend Coun. J. 11-7-22, p. 55595, Art. III, § 3)
Editor's note – Coun. J. 7-28-10, p. 97912, § 12, repealed former § 7-28-780, which pertained to ill-maintained lots and notice to correct.
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