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(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.
(a) For purposes of this section only, the following definitions shall apply, unless the context clearly indicates otherwise:
"Collection bin" means any bin, box, truck, or other container placed outdoors for the collection of clothes or other items as donations; provided that a "collection bin" shall not include any bin, box or other small container used solely for the purpose of collecting money.
"Commissioner" means the commissioner of business affairs and consumer protection.
"Designated agent" means a person who maintains an office or residence in the city and who is designated, in writing, by the owner or lessee of the real property on which the collection bin will be located: (i) to submit the letter required in subsection (c)(4) of this section; (ii) for service of process; and (iii) to take remedial action and respond to any violation of this section.
"Local contact person" means a person authorized as an agent of the operator who: (i) is designated for service of process; (ii) is authorized by the operator to take remedial action and respond to any violation of this code; and (iii) maintains a residence or office located in the city.
"Operator" means any person who installs or maintains a collection bin.
"Owner" has the meaning ascribed to that term in Chapter 14A-2.
(b) It shall be unlawful for any person to install or maintain any collection bin outdoors on private property in the city without first obtaining a permit from the department of business affairs and consumer protection.
The commissioner is authorized to issue permits for the installation and maintenance of collection bins in accordance with this section.
(c) An application for a permit shall be made by an operator to the department of business affairs and consumer protection and shall include the following:
(1) the operator's name and address, the address of the lot on which the proposed collection bin will be located, and the name and address of the owner or lessee of the lot, if different from the operator's;
(2) a detailed drawing (site map) indicating: (i) the position of all permanent structures, including but not limited to, buildings and driveways located within the lot; (ii) the location of all streets, alleys, fire hydrants, light poles and traffic control signs adjacent to the lot; (iii) the lot lines; and (iv) the location of the proposed collection bin. The site map shall be legible and include a key to any symbols;
(3) a statement indicating the scheduled times for removal of the contents of the collection bin;
(4) a letter signed by the owner or lessee, or his designated agent, setting forth the owner's or lessee's permission to locate the collection bin on the lot, if such collection bin will not be installed or maintained by the owner or lessee;
(5) pictures of the proposed site;
(6) the name, address and 24-hour telephone number of a local contact person;
(7) the address of the website required in subsection (g); and
(8) any other information reasonably required by the commissioner.
(d) The commissioner shall forward the completed application to the alderman of the ward in which the proposed collection bin will be located, along with a request for any information on the factors set forth in subsection (f).
(e) No permit shall be issued for a collection bin on any lot:
(1) on which is located a vacant building, as that term is defined in Chapter 14X-2; or
(2) containing a dwelling unit or sleeping unit, as those terms are defined in Chapter 14B-2.
(f) The commissioner shall deny or revoke a permit issued under this section if: (i) the granting of the permit would create a nuisance in the surrounding area; (ii) the location of the collection bin would interfere with or impede the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building or lot; (iii) the location of the collection bin would impede or interfere with the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the site of the proposed collection bin; (iv) the operator makes any false statements, submits any false information or misrepresents any information required under this section; or (v) for any reason set forth in subsection (e).
(g) As a condition of the permit, it shall be the duty of the permit holder to:
(1) maintain the collection bin in good condition and repair;
(2) use a collection bin of sufficient size to prevent any overflow or accumulation of clothes or other donated items outside of the collection bin;
(3) cause to be removed at his own cost and expense all contents of the collection bin. The removal shall be of such frequency to prevent the overflow and accumulation of clothes or other donated items outside of the collection bin and shall be in accordance with the provisions of this code. The schedule of removal of the items shall be posted on the collection bin;
(4) ensure that the collection bin is only being used by the operator listed on the permit. The name of the operator and permit number shall be posted on collection the bin; and
(5) post on the collection bin the name and telephone number of the local contact person to contact in case of any emergency; and
(6) maintain a website which lists the address and ward of each collection bin installed or maintained by the operator, and a map indicating the locations of such collection bins within the city. The website shall be updated weekly and be accessible to the public.
Failure to adhere to any conditions imposed in the permit may result in revocation of the permit.
(h) No collection bin shall be placed so as to constitute a nuisance to an adjacent property or the occupants thereof.
(i) A collection bin: (i) that is in poor condition or in a state of disrepair; (ii) which clothes or other donated items are permitted to accumulate outside of the collection bin; or (iii) containing items as a result of a failure to empty the bin pursuant to a scheduled removal, is hereby declared to be a public nuisance.
(1) Emergency abatement. In the event that the commissioner of business affairs and consumer protection or the commissioner of streets and sanitation determines that any activity in violation of this section has created, or is creating, an imminent and substantial threat to the environment or the public's health, safety, or welfare, then the commissioner of business affairs and consumer protection or the commissioner of streets and sanitation shall order the property owner to abate the threat in the manner and within a time frame prescribed by such commissioner. In the event that any person fails to abate such threat in accordance with the order of such commissioner, or if the property owner is unknown or cannot with due diligence be found, such commissioner may proceed to control, remove, dispose or otherwise abate the threat.
(2) Non-emergency abatement. If the commissioner of business affairs and consumer protection or the commissioner of streets and sanitation determines that any activity in violation of this section has not created, or is not creating, an imminent and substantial threat to the public's health, safety or welfare, such commissioner shall post on the collection bin written notice to abate the nuisance in the manner prescribed by such commissioner within thirty-six hours from posting the notice. Such commissioner may also attempt to notify the local contact person to abate said nuisance. If any person fails to abate such nuisance in accordance with such commissioner's notice to abate, or if the property owner is unknown or cannot with due diligence be found, such commissioner may proceed to control, remove, dispose or otherwise abate the nuisance.
(3) Nothing in this section shall be construed to prevent the city of Chicago from acting without notice to abate a nuisance in an emergency where the nuisance poses an immediate threat to public health or safety, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.
(4) In addition to any other penalties imposed in this section, the city shall be entitled to recover a penalty in the amount equal to three times the cost or expense incurred by the city in abating the nuisance plus its attorney fees and to place, and subsequently foreclose on, a lien upon the property involved, if necessary, to secure the recovery of its costs and fees. The penalties for the recovery of costs shall be in addition to any penalties imposed in this section.
(j) A permit issued pursuant to this section shall be for a term of two years, and the biennial fee shall be $100.00 per collection bin. The permit shall expire on the date indicated on the face of the permit.
(k) Upon the determination that a person has violated a provision of this section or any rule or regulation promulgated hereunder, the commissioner of business affairs and consumer protection or the commissioner of streets and sanitation may institute an administrative adjudication proceeding with the department of administrative hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the department of administrative hearings; provided however, revocation of the permit by the commissioner of business affairs and consumer protection shall be in accordance with the requirements of Chapter 4-4 of the Municipal Code.
(l) The commissioner of business affairs and consumer protection is authorized to adopt such rules and regulations as such commissioner deems expedient for the proper administration and enforcement of this section. The rules and regulations may include, but not be limited to, provisions regulating the size and location of the collection bins on the lots.
(m) The provisions of this section shall be enforced by the department of business affairs and consumer protection and by the department of streets and sanitation.
(n) No operator whose permit under this section is revoked for any cause shall be granted another permit under this section, under the same or different name, for a period of one year from the date of revocation. When a permit issued under this section is revoked, no permit issued under this section shall be approved for the same location for a period of two years from the date of revocation.
(o) Any person who violates any provision of this section shall be fined not less that $200 and not more than $1,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(p) In addition to any other penalties imposed in this section, any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this section shall be fined $500.00 per offense.
It shall be a cause of revocation of the permit if the applicant has made any false statements, submits any false information or misrepresents any information required under this section.
(q) It shall be the duty of every owner of any lot on which is located a collection bin to ensure that such collection bin has a valid permit and is in compliance with this section. Any collection bin installed or maintained in violation of this section shall be removed by the operator or the owner of the lot on which the collection bin is located. The owner and operator shall be jointly and severally liable for any violation of this section.
(Added Coun. J. 2-7-07, p. 97856, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 6-6-12, p. 28356, § 12; Amend Coun. J. 11-15-12, p. 42188, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 8; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 89)
ARTICLE VII. VIOLATION OF CHAPTER PROVISIONS (7-28-800 et seq.)
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