10-28-405 Promulgation of rules.

   The Commissioner is authorized to promulgate rules to carry out the purposes of this article. A permittee shall comply with the rules promulgated pursuant to this article, which shall have the force and effect of law.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-410 Enforcement.

   The Department, Chicago Department of Transportation, and the Department of Streets and Sanitation shall have authority to enforce this article and rules promulgated thereunder. Any Sidewalk Sign found to be in violation shall subject the permittee to a fine and/or revocation of the permittee's Sidewalk Sign permit. Any Sidewalk Sign found to be unsafe, to present a hazard, or to impair a clear walkway shall be subject to removal.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-415 Permit revocation.

   (a)   The Commissioner shall have the power to fine a permittee, and/or to suspend or revoke a Sidewalk Sign permit for good and sufficient cause if the Commissioner determines that the permittee or its employee or agent has violated any provision of this article, or any rule promulgated thereunder. Provided, however, that no permit shall be suspended or revoked unless the permittee is first given five days' written notice of a public hearing, which shall provide the permittee with an opportunity to appear and defend. Such public hearing shall be held before a hearing officer, who shall report his or her findings to the Commissioner. If, after such hearing, the Commissioner imposes a fine or suspends or revokes the Sidewalk Sign permit, the Commissioner shall, within 60 calendar days after the hearing is completed, (1) state the reason for such determination in a written order, and (2) serve a copy of such order upon the permittee.

   (b)   A permittee who wishes to appeal the Commissioner's written order may appeal to the Department of Administrative Hearings as follows:

      (1)   The permittee shall file an appeal with the Department of Administrative hearings within five business days after the date of the notice of the Commissioner's written order. If no appeal is filed within five business days of the date of the Commissioner's written order, that written order shall be deemed final.

      (2)   Upon the filing of such appeal, the Department of Administrative Hearings shall cause a hearing to be held within five business days, and based upon the evidence contained in the record of such hearing, either affirm or reverse the Commissioner's written order.

      (3)   Any final decision of the Department of Administrative Hearings shall be subject to judicial review in accordance with applicable law.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-420 Surrender of decal.

   In the event of suspension, revocation, or other cancellation of a Sidewalk Sign permit, the permittee shall surrender to the Department any certificate or decal associated with such permit.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

10-28-425 Violation – Penalties.

   (a)   Any person who violates any of the provisions of this article or rules promulgated thereunder shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense, and each day such a violation continues shall be deemed a separate and distinct offense.

   (b)   In addition to any other fine or penalty provided, any person who knowingly interferes with or impedes the Commissioner, Chicago Department of Transportation, or the Department of Streets and Sanitation in the enforcement of this article may be subject to incarceration for a term not to exceed six months.

   (c)   In addition to any other penalty provided herein, any Sidewalk Sign placed without a valid permit is subject to removal from the public way by the Commissioner, Chicago Department of Transportation, or the Department of Streets and Sanitation.

(Added Coun. J. 6-25-21, p. 31925, Art. VIII, § 3)

ARTICLE VIII. LAWN SPRINKLING SYSTEMS IN PUBLIC PARKWAYS (10-28-440 et seq.)