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NUISANCES IN GENERAL (7-28-005 et seq.)

Municipal Code of Chicago tit. 7, ch. 7-28, art. I
in effect

Municipal Code of Chicago § 7-28-005 Definitions.

7-28-005 Definitions. Except as otherwise provided in this chapter, the following terms shall have the following meanings, unless the written context clearly indicates that another meaning is intended: "Owner" shall have the meaning ascribed to the term in Chapter 14A-2. (Added Coun. J. 7-28-10, p. 97912, § 2; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 86)

Municipal Code of Chicago § 7-28-010 Notice to abate.

7-28-010 Notice to abate. It shall be the duty of the Building Commissioner or the Building Commissioner's designee to serve notice in writing by first class mail upon the owner, occupant, agent or person in possession or control of any building or structure in or upon which any nuisance may be found, or upon any person who may be the owner or cause of any such nuisance other than the nuisance specified in Sections 7-28-120 or 7-28-440 through 7-28-455 or 7-28-750 of this chapter, ordering such owner, occupant, agent or person to abate such nuisance, within a reasonable time, in the manner the Building Commissioner shall prescribe. It shall not be necessary in any case for the Building Commissioner to specify in such notice the manner in which any nuisance shall be abated, unless the Building Commissioner deems it advisable to do so. If the person so notified shall neglects, refuses or otherwise fails to comply with any of the requirements of such order within the time specified in the notice required under this section, such person shall be fined not less than $250.00 nor more than $500.00 for each such offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. Nothing in this section shall be construed to require issuance of a notice to abate when the City does not affirmatively seek abatement as a remedy. It shall be the duty of the Building Commissioner to proceed at once, upon expiration of the time period specified in the notice, to cause the applicable nuisance to be abated. Provided, however, that if, after due diligence, the owner, occupant, agent, or person in possession or control of any building or structure in or upon which any nuisance may be found is unknown or cannot be found, the Building Commissioner shall proceed to abate the nuisance without notice. In either case, in addition to any fine or other penalty provided by law, the person who created, continued or suffered the nuisance to exist shall be liable to the city for any and all costs and expenses incurred by the city in abating the nuisance, plus a penalty of up to three times the amount of the costs and expenses incurred by the city. Such monies may be recovered in an appropriate action instituted by the corporation counsel or in a proceeding initiated by the applicable department at Department of Administrative Hearings. The Commissioner of Streets and Sanitation or the Commissioner's designee shall enforce the provisions of Sections 7-28-120, 7-28-440 through 7-28-455 and 7-28-750 in the manner provided herein for nuisances generally, unless the specific section provides otherwise. (Prior code § 99-1; Amended. Coun. J. 12-18-86, p. 38654; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-28-10, p. 97912, § 3; Amend Coun. J. 11-7-22, p. 55595, Art. III, § 2)

Municipal Code of Chicago § 7-28-020 Summary abatement.

7-28-020 Summary abatement. Whenever any nuisance under this Chapter 7-28 shall be found on any premises within the City, the Commissioner of Buildings or Chief Sustainability Officer or Commissioner of Streets and Sanitation or the Corporation Counsel is hereby authorized, in his or her discretion, to seek to enjoin such nuisance or to cause the same to be summarily abated in such manner as he or she may direct pursuant to the applicable provisions of this Code. (Prior code § 99-2; Amend Coun. J. 12-11-91, p. 10978; Amended Coun. J. 9-27-07, p. 9208, § 3; Amend Coun. J. 2-9-11, p. 112123, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7)

Municipal Code of Chicago § 7-28-030 Common law and statutory nuisances.

7-28-030 Common law and statutory nuisances. In all cases where no provision is herein made defining what are nuisances and how the same may be removed, abated, or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and the statutes of Illinois as nuisances may, in case the same exist within the city limits or within one mile thereof, be treated as such, and proceeded against as is provided in this Code, or in accordance with any other provision of law. (Prior code § 99-3)

Municipal Code of Chicago § 7-28-040 Abandonment of refrigerators.

7-28-040 Abandonment of refrigerators. Any person who abandons or discards in any place accessible to children any refrigerator, ice box or ice chest of a capacity of one and one-half cubic feet or more which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who being the owner, lessee, or manager of any place or premises knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be fined not less than $50.00 nor more than $200.00 or imprisoned for not more than 30 days, or both, for each offense. Every day that such violation continues shall be deemed a separate and distinct offense. (Prior code § 99-3.1; Amend Coun. J. 12-4-02, p. 99931, § 4.1)

Municipal Code of Chicago § 7-28-050 Plastic bags - Violation - Penalty.

7-28-050 Plastic bags - Violation - Penalty. Definition: "Plastic bag" means a polyethylene bag, other than one used for food products weighing not more than five pounds, intended for household use which is larger than seven inches in diameter at the opened end, and is made of thin film less than one mil (0.001 inch) in thickness (according to standards established under the Commodity Standards Division of the United States Department of Commerce). No person shall package, deliver or sell any article for use in or around the household in a plastic bag, or shall sell or distribute any plastic bag for use in or around the household, unless the bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording: WARNING: Keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing. The warning shall be printed on, attached to, or accompany each bag; provided, however, that it shall be permissible to print the warning on the outside wrapper of packages of bags intended for home processing use only, e.g., freezer bags, garbage disposal bags, in lieu of on each individual bag. The warning shall be prominently and conspicuously displayed in bold-face type, in accordance with the following table: Total of the length and width of the bag, combined 60 inches or more.....24 points 40 inches, but less than 60 inches.....18 points 30 inches, but less than 40 inches.....14 points Less than 30 inches.....10 points Any person violating this section shall be fined $200.00 for each offense. (Prior code § 99-3.2)

Municipal Code of Chicago § 7-28-060 Conditions detrimental to health - Public nuisance - Violation - Penalty.

7-28-060 Conditions detrimental to health - Public nuisance - Violation - Penalty. No building, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be made, used, kept, maintained, or operated in the city if such use, keeping, maintaining, or operating shall be the occasion of any nuisance, or shall be dangerous to life or detrimental to health. Every building or structure constructed or maintained in violation of the building provisions of this Code, or which is in an unsanitary condition, or in an unsafe or dangerous condition, or which in any manner endangers the health or safety of any person or persons, is hereby declared to be a public nuisance. Every building or part thereof which is in an unsanitary condition by reason of the basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or by reason of any portion of a building being infected with disease or being unfit for human habitation, or which by reason of any other unsanitary condition, is a source of sickness, or which endangers the public health, is hereby declared to be a public nuisance. Any person found guilty of violating any of the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $5,000.00, or imprisonment not to exceed 10 days, or both such fine and imprisonment for each offense. Each day such violation shall continue shall constitute a separate and distinct offense. (Prior code § 99-4; Amend Coun. J. 7-9-86, p. 31580; Amend Coun. J. 8-30-00, p. 40306, § 3; Amend Coun. J. 10-11-17, p. 56894, § 1)

Municipal Code of Chicago § 7-28-065 Graffiti removal - Nuisance abatement.

7-28-065 Graffiti removal - Nuisance abatement. (a) As defined in this section, graffiti that is unregistered is hereby declared to be a public nuisance. The owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed shall, upon the appearance of the graffiti: (i) cause such graffiti to be removed or concealed or (ii) register the graffiti according to rules promulgated by the Commissioner of Cultural Affairs and Special Events. Whenever any unregistered graffiti shall be found on any building or other structure, the Department of Streets and Sanitation, or its agent or contractor shall attempt to obtain consent from the owner for the City’s graffiti removal services. If such attempt to contact the owner is not successful, the Department of Streets and Sanitation shall post a notice in a prominent place upon the building or structure where the unregistered graffiti is found which shall state that, if the unregistered graffiti is not removed or concealed or registered according to the rules within five days after the notice is posted, excluding Saturdays, Sundays and legal holidays, the Department of Streets and Sanitation or its agent or contractor shall have authority to enter or access the property and abate the nuisance by removing or concealing the unregistered graffiti. (b) Nothing in this section shall prevent the City from taking any other enforcement action authorized by law. (c) "Graffiti" means an inscription, drawing, mark or design that is etched, painted, sprayed or drawn directly upon the exterior of any building or other structure and is visible from the public way; provided that, graffiti shall not include any sign permitted by the Zoning Code or any decoration that is part of the architectural design of the building or structure. (Amend Coun. J. 3-11-98, p. 61944; Amend Coun. J. 5-17-00, p. 32562, § 1; Amend Coun. J. 5-11-05, p. 48079, § 2; Amend Coun. J. 10-31-18, p. 87776, § 2)

Municipal Code of Chicago § 7-28-070 Piling of used material to excessive heights.

7-28-070 Piling of used material to excessive heights. No yard, lot, premises or enclosure or part thereof, shall be used, kept, maintained, or operated, for the purpose of storing used lumber, metal or other secondhand building material, dismantled motor vehicles or parts thereof, creates, cases, boxes or other discarded material unless the said yard, lot, premises or enclosure is entirely surrounded by a fence eight feet in height, which fence shall be located at least eight feet from all public ways surrounding the property and none of said articles shall be piled nearer than six inches to, nor higher than said fence; provided, however, that if said articles are piled at a greater distance than eight feet from any public way they may be piled to a height equal to the distance from the public way, but in no case to a height exceeding 20 feet. On the property dividing lines of such yard, lot, premises or enclosure said fence may be erected on the property dividing line but none of said articles shall be piled nearer than six inches to said fence nor be piled at an angle of more than 45 degrees from such point, but not to exceed a height of 20 feet. Where an existing fence is erected nearer than eight feet to a public way, such fence may be permitted to remain but none of said articles shall be piled nearer than eight feet to such public way nor contrary to the provisions of this section. The piling of said articles in excess of the height herein permitted shall constitute a nuisance. 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. Every day of a continuing violation shall constitute a separate and distinct offense. (Prior code § 99-4.1; Amend Coun. J. 12-4-02, p. 99931, § 4.2)

Municipal Code of Chicago § 7-28-080 Nuisance in connection with business.

7-28-080 Nuisance in connection with business. No substance, matter, or thing of any kind whatever, which shall be dangerous or detrimental to health, shall be allowed to exist in connection with any business, or be used therein, or be used in any work or labor performed in the city, and no nuisance shall be permitted to exist in connection with any business or in connection with any such work or labor. Any person who violates this section shall be subject to a fine of not less than $300.00 and not more than $1,000.00 for each offense. Each day that such a violation continues shall be considered a separate and distinct offense. (Prior code § 99-5; Amend Coun. J. 11-15-00, p. 46866, § 1)

Municipal Code of Chicago § 7-28-085 Signs unlawful on private walkways, etc.

7-28-085 Signs unlawful on private walkways, etc. It shall be unlawful to erect any sign on the surface of a privately owned walkway or parking lot made available for public use and access if the placement of such sign obstructs the use of the facility made available for public use and creates a public safety hazard. Any person found to have violated this section shall be fined not less than $100.00 nor more than $500.00. (Amend Coun. J. 7-2-97, p. 47906; Amend Coun. J. 4-30-14, p. 80382, § 1)

Municipal Code of Chicago § 7-28-090 Nuisances brought into city.

7-28-090 Nuisances brought into city. No person shall bring into the city, or keep therein for sale or otherwise, either for food, or for any other purpose, any dead or live animal, nor any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the city, or which may or shall be dangerous or detrimental to health. (Prior code § 99-6)

Municipal Code of Chicago § 7-28-110 Gas manufactory odors and refuse.

7-28-110 Gas manufactory odors and refuse. No person manufacturing gas shall throw, deposit, or allow to run, or permit to be thrown or deposited, into any public way, any gas-tar or any refuse matter from any gas house, gas reservoir, works, or manufactory; nor shall any such person allow any substance or odor to escape from such gas house, gas reservoir, works, or manufactory, or make any gas of such ingredients or quality that any substance shall escape therefrom, or be formed in the process of burning any gas, which shall be offensive or dangerous, or prejudicial to life or health. Every such person shall use the most approved and all reasonable means for preventing the escape of odors. (Prior code § 99-8)

Municipal Code of Chicago § 7-28-120 Weeds - Penalty for violation - Abatement - Lien.

7-28-120 Weeds - Penalty for violation - Abatement - Lien. (a) Any person who owns or controls property within the city must cut or otherwise control all weeds on such property so that the average height of such weeds does not exceed ten inches. Any person who violates this subsection shall be subject to a fine of not less than $600 nor more than $1,200. Each day that such violation continues shall be considered a separate offense to which a separate fine shall apply. (b) All weeds which have not been cut or otherwise controlled, and which exceed an average height of ten inches, are hereby declared to be a public nuisance. If any person has been convicted of violating subsection (a) and has not cut or otherwise controlled any weeds as required by this section within ten days after the date of the conviction or finding of liability or judgement, the City may cause any such weeds to be cut at any time. In such event, the person who owns or controls the property on which the weeds are situated shall be liable to the City for any and all costs and expenses incurred by the City in cutting the weeds, plus a penalty of up to three times the amount of the costs and expenses incurred by the City. Such monies may be recovered in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Department of Streets and Sanitation or the Chief Sustainability Officer at the Department of Administrative Hearings. The penalties imposed by this subsection shall be in addition to any other penalty provided by law. (c) The costs and expenses plus the amount of any applicable penalty incurred pursuant to subsection (b) of this section shall constitute a lien against the affected property if the city, or the person performing the service by authority of the city, in its or his own name, files a notice of lien in the office of the county recorder, or in the office of the registrar of titles if the property is registered under the Torrens System. 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 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 subsection (b) of this section, the lien shall be released by the city for filing by the owner at the recorder of deeds. Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance under this section, where such nuisance poses an imminent threat to the public health, safety or welfare or in the event of any other emergency. Nor shall any provision of this section be construed to deny to any person any statutory or common law right to abate a nuisance, or to prevent the city from seeking any remedy that may be provided by law. If emergency abatement under this section is required, the city may recover any and all costs associated with such emergency abatement under Section 1-20-020. (Prior code § 99-9; Amend Coun. J. 12-20-89, p. 10123; Amend Coun. J. 12-4-02, p. 99931, § 4.3; Amend Coun. J. 7-28-10, p. 97912, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1; Amend Coun. J. 11-15-23, p. 5888, § 16; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7)

Municipal Code of Chicago § 7-28-130 Diseased trees.

7-28-130 Diseased trees. All trees which become affected with Dutch elm disease are hereby declared to be a public nuisance. Any person owning or controlling any plot of ground upon which such a tree is situated shall, upon the appearance of evidence of any such disease, cause such tree to be sprayed and removed from the premises and burned. If the owner or person in control of any plot of ground upon which such a tree is situated fails to have such tree so sprayed, removed and burned within ten days after receipt of notification by certified mail of positive evidence that the tree is affected with Dutch elm disease, the general superintendent of forestry, parkways and beautification shall proceed to have such tree sprayed, removed and burned, and any expense incurred by the city in so doing shall be a charge against the owner so failing, which may be recovered in an appropriate action at law instituted by the corporation counsel. (Prior code § 99-9.1)

Municipal Code of Chicago § 7-28-150 Spreading of vermin poison.

7-28-150 Spreading of vermin poison. It shall be unlawful for any person to spread, or to cause or permit any agent or employee to spread, any poison for the purpose of killing rats, mice, insects, or other vermin, in any public way or public place in the city; and it shall be unlawful for any person to spread or to cause or permit any agent or employee to spread, any poison for such purpose in any yards, court, passageway, or other open place on private premises, or on the outside of any building or structure, or in any place within a building which is open to the general public, or where pet dogs, cats, or other domestic animals or fowls have access, without placing the same in a receptacle of such kind or character that it can be reached only by the kind of vermin which the poison is intended to kill, or without placing a wire or other guard about same in such way that no child, or domestic animal, domestic fowl, or other harmless creature can reach the same. (Prior code § 99-11)

Municipal Code of Chicago § 7-28-180 Throwing objects in public places of amusement - Violation - Penalty.

7-28-180 Throwing objects in public places of amusement - Violation - Penalty. No person shall cast, drop or throw any object, missile or any other substance or article in, from or into any public place of amusement. Any person violating the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. (Prior code § 99-13.1)

Municipal Code of Chicago § 7-28-190 Throwing objects into roadways.

7-28-190 Throwing objects into roadways. It shall be unlawful for any person: (1) To loiter on any public bridge, viaduct or overpass in such manner or for such purpose as might jeopardize the safety or well-being of any person upon or near the roadway below; (2) To stop any vehicle on any public bridge, viaduct or overpass except for necessary emergency purposes or upon the order of a police officer or other person authorized to direct such action; (3) To throw or drop or cause to be thrown or dropped from any public bridge, viaduct or overpass any article or thing which might jeopardize the safety or well-being of any person upon or near the roadway below. Any violation of any of the provisions of this section shall constitute a nuisance and the offender shall be subject to a fine of not less than $50.00 or more than $200.00, or imprisonment not to exceed six months, or both, and every violation shall constitute a separate and distinct offense. (Prior code § 99-13.2)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2641136Fetched: 10/24/2026

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