10-28-785 Notice of violations.

   (a)   If the commissioner has reason to believe that a newsrack has been placed, installed or maintained on a public way in violation of this article, including any regulation promulgated thereunder, the commissioner shall cause to be placed a notice of violation upon the newsrack. The notice of violation shall state that the newsrack will be removed and destroyed unless the newsrack is brought into compliance with this article within ten business days of the date of the notice. If the newsrack is not removed or brought into compliance within such ten-day period, and if no hearing has been requested under this section within such period, the commissioner may remove and destroy the newsrack at the expense of the distributor. The notice given under this section also shall state that the distributor may, within ten days of the date of the notice, request a hearing at which the distributor will be given an opportunity to contest the allegations of the complaint or to demonstrate that the conditions constituting a violation of this article have been remedied. Any interested person shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the commissioner determines that a violation of this article continues to occur, the commissioner shall order the distributor to remove the newsrack from the public way.

   (b)   Any newsrack that remains on the public way for more than ten days after it has been ordered removed pursuant to this section shall be removed and destroyed by the commissioner at the expense of the distributor.

   (c)   Notwithstanding any other provision of this section, the commissioner may require a distributor to remove or relocate a newsrack when such removal or relocation is necessary to accommodate a public or private construction or repair project or similar activity. In cases where immediate removal of the newsrack is necessary to protect the health or safety of the public, the commissioner may remove or relocate the newsrack at the distributor's expense and promptly give written notice to the distributor at the address identified on the newsrack of such removal or relocation thereafter. In all other cases, the commissioner shall cause a notice to be placed upon the newsrack, or shall give written notice to the distributor at the address identified on the newsrack, stating that the newsrack must be removed or relocated within ten days of the date of the notice and the reason for the removal or relocation. If the newsrack is not removed or relocated within the time specified by the commissioner, the commissioner shall remove and destroy or relocate the newsrack at the distributor's expense. The commissioner may return a newsrack he or she has not yet destroyed if the distributor reimburses the city for its costs.

   (d)   Any newsrack that is subject to removal and destruction may, at the discretion of the commissioner, instead be moved to a nearby location when practicable.

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

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)