URBANA CODE OF ORDINANCES: Chapter 11 HEALTH AND SANITATION*

Editor's note--Ord. No. 9596-61, § 1, adopted Dec. 18, 1995, repealed § 11-1, pertaining to enforcement of health ordinances as derived from the Code of 1975, § 15.1.

Sec. 11-2. Paints containing more than one per cent of metallic lead.

(a) No person shall possess, sell, hold for sale, give away or leave in any place a paint containing more than one per cent of metallic lead, based upon total nonvolatile content of the paint, unless, in addition to the matter required by state or federal law, the labelling bears the following statement: "Contains lead. Harmful if eaten. Do not apply on toys, furniture or interior surfaces which might be chewed by children." This subsection does not apply to marine paints, roof cements and coatings, automotive finishes which are not sold at retail or to paints, other than paints for toys, children's furniture or interior surfaces which might be chewed by children, which are sold, for purposes other than resale, to the city or state or federal government, or to a manufacturer, an industrial plant, a public utility or metal structural contractor.

(b) No person shall manufacture children's toys or children's furniture which have a paint containing more than one per cent of metallic lead based on the total nonvolatile content of the paint.

(c) No person shall sell or hold for sale after June 1, 1973, children's toys or children's furniture which have a paint containing more than one per cent of metallic lead based on the total nonvolatile content of the paint.

(d) No person shall use a paint containing more than one per cent of metallic lead based on the total nonvolatile content of the paint, on the interior walls, ceilings, or window sills of any apartment or room in any dwelling. As used in this section, dwelling means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.

(e) When the building official or any authorized representative finds that there is a paint containing more than one per cent metallic lead based on the nonvolatile content of the paint on the interior walls, ceilings or window sills of any dwelling, the building official or any authorized representative may order the removal of the paint, under such safety conditions as the building official or any authorized representative may specify, and the refinishing of the apartment, room or part of a room with a suitable finish which is not in violation of subsection (d).

(Code 1975, § 15.16)

Editor's note--For classification purposes, provisions formerly codified herein as § 5-429 have been redesignated by the editor as § 11-2.

Secs. 11-3--11-15. Reserved.

ARTICLE II.
AIR POLLUTION CONTROL*

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Cross reference(s)--Fire prevention and protection, Ch. 8.

State law reference(s)--Air contamination control in cities, 65 ILCS 5/11-19.1-11.

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Sec. 11-16. Use of Ringelmann Chart.

For the purpose of grading the shade or density of smoke, the Ringelmann Chart, as now published and used by the U.S. Bureau of Mines, which is hereby adopted and made a part of this article by reference, shall be the standard.

(Code 1975, § 28.1)

Sec. 11-17. Visual emission standards and limitations for all emission sources.

No person shall cause or allow the emission of smoke or other particulate matter from any emission source into the atmosphere of any opacity greater than thirty (30) per cent; except that the emission of smoke or other particulate matter from any such emission source may have an opacity greater than thirty (30) per cent but not greater than sixty (60) per cent for a period or periods aggregating eight (8) minutes in any sixty-minute period provided that such more opaque emissions permitted during any sixty-minute period shall occur from only one (1) such emission source located within a one thousand-foot radius from the center point of any other such emission source owned or operated by such person, and provided further that such more opaque emissions permitted from each such emission source shall be limited to three (3) times in any twenty-four-hour period.

(Code 1975, § 28.2)

Sec. 11-18. Creation of smoke by burning garbage, refuse, etc.

Any person creating smoke by burning garbage or refuse or other material causing smoke which is injurious to the health or offensive to the public by reason or its smell, shall be deemed guilty of creating a nuisance. The density of the smoke or the actual physical damage done to residents shall be of no importance, and it shall not be necessary under this section that the smoke be of thirty (30) per cent density in accordance with the Ringelmann Chart, or that actual physical damage be proven in order to establish a violation.

(Code 1975, § 28.3)

Sec. 11-19. Open burning.

(a) Within the city limits, the open burning of any paper, leaves, refuse, garbage, or any other materials, including those from construction, demolition or alteration of any building, structure or equipment, is prohibited, except in the following instances:

(1) Fires set by a public official in the performance of the official's duties;

(2) In open fireplaces designed for cooking, and fires in outdoor cooking devices, when such fires are in fact being used for cooking purposes;

(3) Fires used for recreational purposes such as campfires;

(4) Fires authorized by permit from the fire chief, which the fire chief may issue in his discretion upon a showing of need for the removal of brush, debris or other materials where burning is the only feasible method.

(b) No fire permitted by this section may be used as an incinerator, or permitted to become a nuisance by reason of the emission of smoke, fumes, fly ash, dust or soot.

(Code 1975, § 28.4; Ord. No. 8081-77, 2-2-81; Ord. No. 8283-19, 9-7-82)

Cross reference(s)--Fire prevention and protection, Ch. 8.

Sec. 11-20. Enforcement of article provisions; penalty.

Whenever a violation of this article is found, the chief of police, or anyone he/she may duly authorize for such purposes is empowered and directed to cause the same to be summarily abated. Persons found in violation of this article may be fined pursuant to provisions of section 1-10.

(Code 1975, § 28.4)

Sec. 11-21. Medical waste incinerators.

Any solid waste that is generated in the diagnosis, treatment, or immunization of human beings; in research pertaining thereto; or in the production or testing of biologicals. Biologicals means preparations made from living organisms and their products (including vaccines, cultures, etc.), intended for use in the diagnosing, immunizing, or treating humans or in research pertaining thereto. The term medical waste does not include any human remains not generated as medical waste.

(Ord. No. 9798-73, § 1, 11-17-97)

Secs. 11-22--11-25. Reserved.

ARTICLE III.
SMOKING*

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Editor's note--Ord. No. 2006-05-068, amended Art. III in its entirety, in affect deleting and reenacting said article. Former Art. III pertained to similar subject matter and derived from Ord. No. 7677-39, §§ 1--5, adopted Sept. 20, 1976; and Ord. No. 8586-55, §§ A, B, adopted Feb. 3, 1986. Ord. No. 2006-05-068 supplied provisions to be included as §§ 11-32--11-44; in order to preserve the style and numbering system of the Code, these sections have been redesignated as §§ 11-26--11-38 to read as set out herein.

Cross reference(s)--Fire prevention and protection, Ch. 8.

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Sec. 11-26. Purpose.

The purpose of this article is to protect the public health, comfort and environment by pro-

hibiting smoking in public places and places of employment.

(Ord. No. 2006-05-068, § 1(11-32), 6-5-06)

Sec. 11-27. Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Bar means an establishment that is primarily devoted to the serving of alcoholic beverages and which is licensed by the city pursuant to chapter 3, article III of the Urbana City Code.

Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

Employee means any person who is employed by any employer for direct or indirect monetary wages or profit or other compensation, including those employed full-time, part-time, on a temporary basis, or by contract through a third party.

Employer means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons.

Enclosed area means all space in any structure, or portion thereof, located between a floor and ceiling that is enclosed or semi-enclosed on three or more sides or totally enclosed on all sides by walls, windows, doorways, or combinations thereof which extend from the floor to the ceiling.

Health care facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

Place of employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is a "place of employment" when it is used as a child care, adult day care, health care facility, or any home-based business open to the public or having employees.

Private club means, a facility whether incorporated or not, which:

(1) The owner, lessee, or occupant of a building or portion thereof, is used exclusively for club purposes at all times;

(2) Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain;

(3) Where the sale of alcoholic beverages is incidental to its operation.

(4) Consists of a membership:

a. Where the affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting,

b. Where the organization has established bylaws and/or a constitution to govern its activities,

c. Where the organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501,

d. Where entry into, and use of the facility is restricted to members and guests of members.

Private clubs shall be considered "places of employment" if they employ paid staff, but shall not be considered places of employment for the purpose of this article if they employ only volunteer staff and serve only club members.

Public place means any enclosed area to which the public is invited or in which the public is permitted.

Restaurant means any eating establishment which gives or offers for sale food to the public, guests, students, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. The term "restaurant" shall include a bar area within the restaurant.

Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

Service line means any walk-up line at which one (1) or more persons are waiting for or receiving service, entry, or transaction of any kind, whether or not such service involves the exchange of money.

Smoking means inhaling, exhaling, burning or carrying any lighted or burning cigar, cigarette, pipe, hookah pipe, pipe weed, or other lighted tobacco product, in any manner or in any form.

Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Tobacco means any substance containing tobacco leaf, including but not limited to, any cigar, cigarette, leaf tobacco, pipe tobacco or tobacco in any of its forms.

(Ord. No. 2006-05-068, § 1(11-33), 6-5-06)

Sec. 11-28. Application of city-owned facilities.

All enclosed facilities owned, leased, or operated by the city shall be subject to the provisions of this chapter including city vehicles.

(Ord. No. 2006-05-068, § 1(11-34), 6-5-06)

Sec. 11-29. Prohibition of smoking in public places.

No person shall smoke within the enclosed areas containing the following public places within the city:

(1) Establishments required to be licensed on an annual basis for the sale of alcoholic beverages.

(2) Restaurants, private clubs, betting establishments;

(3) Galleries, libraries, museums, and other similar attractions;

(4) Healthcare facilities;

(5) Any facility which is used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, including their backstage and dressing room areas;

(6) Lecture halls, auditoriums, and classrooms;

(7) Day care centers, nursery schools, elementary schools, high schools, universities and community colleges, technical training establishments and specialty schools;

(8) Polling places;

(9) Restrooms, lobbies, reception areas, hallways and any other common-use areas;

(10) Places where public meetings are held;

(11) Sports arenas and convention halls;

(12) Grocery stores, supermarkets, retail stores, including areas where merchandise is exposed, stored, or warehoused;

(13) Buses, taxicabs, and other means of public transit under the authority of the city, or church, private school, or transportation service, and any ticketing, boarding, and waiting areas of public transit depots;

(14) Elevators;

(15) Service lines;

(16) All areas available to and used by the public in all businesses and non-profit entities patronized by the public;

(17) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

(18) Bowling centers;

(19) Places of employment as defined herein.

(20) Outside areas as set forth in section 11-36.

(Ord. No. 2006-05-068, § 1(11-35), 6-5-06)

Sec. 11-30. Smoking in outside areas.

(a) Smoking is prohibited within fifteen (15) feet of any entrance, exit, open window, or air intake vent of any prohibited area set forth in section 11-29.

(b) Outdoor service areas of licensed food service establishments, outdoor cafes, establishments holding licenses for the sale of alcoholic liquor, and private clubs open to the public shall offer designated smoking and nonsmoking areas which are clearly posted with appropriate signage.

(Ord. No. 2006-05-068, § 1(11-36), 6-5-06; Ord. No. 2008-01-005, § 1, 2-4-08)

Sec. 11-31. Allowable smoking areas.

Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions:

(1) Private residences, except when used as a child care, adult day care, health care facilities, or any home-based business open to the public or having employees;

(2) Twenty (20) per cent of hotel and motel rooms rented to guests. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. Smoking and nonsmoking rooms shall be clearly marked on or next to their entrances.

(3) Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article.

(4) Stage productions, where a cast member smokes as part of a role in a live theatrical performance.

(5) Private and semi-private rooms in a long term care nursing home or private facility occupied by one (1) or more persons who are smokers and who request in writing to be placed in rooms where smoking is permitted, and which meets all the criteria for hotel and motel rooms rented to guests as smoking designated rooms, in accordance with subsection (2), above.

(6) Private vehicles, not including public transportation or government vehicles;

(7) Smoking as part of a bona fide religious ceremony;

(8) Smoking in a health care facility if such smoking is part of any therapeutic treatment plan required by the health care provider.

(Ord. No. 2006-05-068, § 1(11-37), 6-5-06)

Sec. 11-32. Obligations of employers and owners.

(a) No employer, owner, occupant or lessee, as the case may be, in control of a public place shall knowingly permit smoking in any enclosed area as delineated in section 11-29.

(b) Each employer, owner, occupant or lessee, as the case may be, in control of a place where smoking is prohibited under section 11-29 shall request any person who smokes in an area where smoking is prohibited to refrain from smoking, and if the person continues to smoke, request the person to leave and use other means which may be appropriate to obtain compliance.

(c) Each employer, owner, occupant or lessee, as the case may be, in control of a place where smoking is prohibited under section 11-29 shall notify employees regarding the requirements of this article.

(Ord. No. 2006-05-068, § 1(11-38), 6-5-06)

Sec. 11-33. Public notice and removal of paraphernalia.

Each owner, lessee, occupant, employer, or other person in control of a place where smoking is prohibited under section 11-29 shall be responsible for doing the following:

(1) Posting conspicuous signs in the enclosed spaces or the entrance or vestibule to the public place, place of employment, or the building where they are located, where smoking is prohibited under section 11-29, bearing the text "No Smoking" or the international "No Smoking" symbol, which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it.

(2) Removing all smoking paraphernalia from areas where smoking is prohibited, and providing a means of disposing of smoking materials at the entrance of all public buildings, courtyards, and areas covered by this article.

(3) Notifying employees regarding the requirements of this article.

(Ord. No. 2006-05-068, § 1(11-39), 6-5-06)

Sec. 11-34. Declaration of establishments as nonsmoking.

Notwithstanding any other provision of this article III, any owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate any area of the public place or place of employment, including outdoor areas, as an area where smoking is prohibited provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in subsection 11-33(1) of this article.

(Ord. No. 2006-05-068, § 1(11-40), 6-5-06)

Sec. 11-35. Enforcement.

(a) Notice of the provisions of this article shall be given to all applicants for a fire prevention permit in the city.

(b) Any citizen who desires to register a complaint under this article may notify the Champaign-Urbana Public Health District or appear in person at the City of Urbana Police Department, 400 South Vine, Urbana, to register a complaint, which shall be forwarded to the public health district for further action.

(c) The fire department and the community development department may, while an establishment is undergoing an otherwise mandated inspection, inspect for compliance with this article.

(d) An employer, owner, lessee, manager, operator or employee of an establishment regulated by this Article shall inform persons violating this article of the provisions thereof and request compliance.

(Ord. No. 2006-05-068, § 1(11-41), 6-5-06)

Sec. 11-36. Public education.

The city and its designees shall engage in programs to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this article.

(Ord. No. 2006-05-068, § 1(11-42), 6-5-06)

Sec. 11-37. Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this article or reports or attempts to prosecute a violation of this article. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.

(Ord. No. 2006-05-068, § 1(11-43), 6-5-06)

Sec. 11-38. Violations and penalties.

Violations of this article III shall be subject to the general penalty provisions of section 1-18 of the Urbana City Code with minimum fines as provided by chapter 11 in section 1-18 for other offenses. The city shall be responsible for the prosecution of violations forwarded by the public health district.

(Ord. No. 2006-05-068, § 1(11-44), 6-5-06)

Sec. 11-39. Reserved.

ARTICLE IV.
NUISANCES

DIVISION 1.
GENERALLY

Sec. 11-40. Definitions.

As used in this article, the following terms shall have the meaning ascribed to each term as set forth below:

Abatement means the removal, stoppage, or action that mitigates that which causes or constitutes a public nuisance.

Approving authority means the director of public works or designee.

City means the City of Urbana, Illinois.

County means Champaign County, Illinois.

Construction and demolition debris means non-hazardous, uncontaminated materials resulting from the construction, remodeling, repair and demolition of utilities, structures and roads including, but not limited to the following: bricks, concrete, and other masonry materials, soil, rock, wood, including non-hazardous painted, treated, and coated wood and wood products, wall coverings, plaster, drywall, plumbing fixtures, electrical fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphalt and similar materials.

Debris means the scattered remains of something broken or destroyed, apparently abandoned to the elements.

Dwelling means any building, but not a travel trailer, which is exclusively designed for or used for one (1) or more dwelling units.

Dwelling units means one (1) room or suite of two (2) or more rooms in a building, designed for and used by one (1) family for living and sleeping purposes, containing its own kitchen and bathroom facilities, and having its own independent entry/access from the exterior of the structure or from a common interior hallway.

Front yard means a yard extending across the full width of a lot, and measured between a lot line abutting a street and the nearest line of a structure located on a lot.

Garbage means putrescible animal and vegetable wastes resulting from the handling, processing, preparation, cooking and consumption of food, and wastes from the handling, processing, storage, and sale of produce.

Generator means any person whose act or process produces or accumulates municipal waste, landscape waste, or recyclable materials.

Hauler means any person who is duly licensed by the city to collect and transport municipal waste, landscape waste, or recyclable materials.

Hazardous waste means a waste, or combination of waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly managed, and which has been identified, by characteristics or listing, as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976, (P.L. 94-580), as amended, or pursuant to Illinois Pollution Control Board regulations.

Imminent hazard means a situation or condition, located on private or public property or right-of-way, that is determined to pose a threat of harm to the health or safety of any person, property or thing for which abatement action shall be taken within twenty-four (24) hours and shall be considered to be a public nuisance.

Junk means items of no practical or functional utility.

Landscape waste means all accumulations of grass, shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines, and trees (415 ILCS 5/3.20). "Live" Christmas trees and greenery from wreaths or garlands, which are free of ornamentation and metal wire, shall also be considered landscape waste.

Landscape company means a company that provides, for property other than its own, maintenance or removal of lawns, shrubbery, trees, or any ornamental plant, and transports only landscape waste produced directly as a result of landscape care activities of its own employees, and no other landscape or municipal waste.

Litter means any discarded used or unconsumed substance or waste.

Multifamily dwellings means a building or structure of seven (7) or more dwelling units, dormitories, college residence halls, fraternal chapters and cooperatives.

Municipal waste means any garbage, refuse, rubbish, debris, or litter but does not include special waste, landscape waste, or construction and demolition debris.

Nuisance means public nuisance as defined in this article and shall be construed to have the same meaning.

Property means a lot, plot or parcel of land.

Property owner means the owner of record or purchaser under contract or deed based upon official records of the county.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns.

Premise means property including adjoining street right-of-way or legal easement located between the property line of the lot, plot or parcel and the roadway surface or pavement of an adjoining street or road inclusive of all parkways, sidewalks and waterways found therein.

Recyclable material means nonhazardous, nonputrescible materials, that would otherwise be considered or become municipal waste if not for the existence of viable secondary markets for such materials, including but not limited to categories of metals, glass, papers, or plastics that are processed and returned to the economic mainstream in the form of raw material feedstock or products. Specific recyclable materials accepted and collected in the city's authorized recycling programs, shall be as designated by the city.

Residential dwelling means any single or multifamily dwelling of six (6) or fewer units within the corporate limits of the city.

Right-of-way or ROW means the entire dedicated tract or strip of land that is legally used by the public for circulation or service.

Refuse means all putrescible and nonputrescible wastes including garbage and rubbish.

Rubbish means nonputrescible wastes consisting of both combustible and noncombustible material and residuals, including but not limited to paper products, cardboard, glass, plastic or metal products, discarded or non-functional automotive parts and tires, discarded furniture or furniture not designed for or modified to withstand the elements and outdoor use, abandoned or non-functional appliances, construction materials that have been exposed to outdoor elements for such a period of time that such material has substantially deteriorated, junk, debris and similar materials.

Special waste means any industrial process waste, pollution control waste, hazardous waste or potentially infectious medical waste.

Summary abatement means abatement of the nuisance by the city, or a contractor employed by the city, by removal or other action, acts without prior notice to the property owner except as provided herein.

Vehicle owner means, except as defined in Division 4, a person who holds legal title as recorded in the official records of the state.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-41. Public nuisance; declared generally.

Public nuisance means any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, blight, substantial inconvenience or discomfort, damage or injury to any person, in any one or more of the following particulars:

(a) By reason of being a menace, threat, and/or hazard to the general health and safety of the public;

(b) By reason of lack of maintenance or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment, esthetic appearance and use of properties in the immediate vicinity or neighborhood, to such an extent, that is detrimental to the city at large;

(c) By reason of the manner, location, or condition of storage of any materials or articles, regardless of whether such materials or articles are functional or have value, where such manner, location, or conditions of storage result in visual or other blight.

(d) All acts, conduct, omissions, conditions or things hereinafter specifically prohibited by the provisions of this article.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-42. Enumeration not exclusive.

The various public nuisances described and enumerated in this article shall not be deemed to be exclusive, but shall be in addition to all other public nuisances or nuisances described and prohibited by this Code.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-43. Violation.

It shall be unlawful for any person to cause, permit or maintain the existence of a public nuisance.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-44. Inspection.

All complaints received alleging the existence of a public nuisance shall be inspected by authorized city employees to determine existence of a nuisance and to determine whether a nuisance has been abated.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-45. Notice.

(a) Upon determining that a public nuisance exists, the public works director or director's designee shall cause written notice of violation to be served to at least one of the property owner(s) upon which the public nuisance exists, except as provided for vehicles in Division 4 of this article.

(b) Such notice shall specifically describe the public nuisance and shall direct the property owner to abate such nuisance as specified herein. The notice shall state that unless the nuisance is so abated by the property owner the city will cause it to be abated and that such costs, including administrative costs and/or fines will be charged to the property owner, and a description of the appeal process.

(1) Depositing the notice in U.S. mail, prepaid first class postage regardless of whether the addressee accepts or refuses delivery; or

(2) Personal service; or

(3) Posting of notice upon property.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-46. Abatement.

(a) Responsibility to abate. In all cases, except as provided for in this article, it shall be the ultimate responsibility of the property owner to abate the nuisance violation existing on premises.

(b) Normal abatement time. The property owner shall have seven (7) days from the date of service of the notice to abate the nuisance.

(c) Failure to abate. If a public nuisance is not abated pursuant to this article, the city may cause the abatement of such nuisance.

(d) Summary abatement. Prior written notice to the property owner shall not be required in order to summarily abate a nuisance under the conditions described herein. When practicable, an attempt to contact the property owner by telephone may be made. Following summary abatement, a written notice shall be served upon the property owner describing the situation, actions taken, and penalty and costs incurred.

When the following conditions arise, the city may proceed with summary abatement:

(1) Whenever an imminent hazard is determined to exist; or

(2) Whenever a property has been issued three (3) previous written notices to abate a nuisance within any twelve-month time frame following the adoption of this article, and the property owner has failed to abate the same; or

(3) Whenever municipal waste is found to remain upon a parkway following the scheduled periods allowing curbside collection as designated in this article.

(e) Abatement by city. Should any nuisance not be abated within the normal abatement time or within such additional time as may be granted under the appeal process, the city shall have the authority to enter upon the premise and abate the nuisance. In abating the nuisance, the city may go to whatever extent may be necessary to complete the abatement.

(Ord. No. 2000-12-148, § 3, 3-5-01; Ord. No. 2001-04-039, § 1, 4-16-01)

Sec. 11-47. Penalty; fines for violations.

(a) Fines shall be automatically assessed and levied against property owners as penalty for the existence of a public nuisance violation as indicated herein. The penalty levied shall be commensurate with the consecutive number of violations that have occurred within any twelve-month period, beginning with the date of the first violation, regardless of whether any prior violations were abated by the property owner within the normal abatement time.

(b) Fines for the first violation of a Class 1 and Class 2 offenses will be waived if the nuisance is abated within the normal abatement time.

First violation . . . . $ 25.00

Second violation . . . . 50.00

Third violation . . . . 100.00

Fourth violation . . . . 250.00

Fifth violation and subsequent violations . . . . 500.00

(d) Class 2 Offense Fine Schedule:

First violation: . . . . $ 50.00

Second violation . . . . 100.00

Third violation . . . . 250.00

Fourth violation . . . . 500.00

Fifth violation and subsequent violations . . . . 1,000.00

(e) Class 3 Offense Fine Schedule:

First violation . . . . $ 250.00

Second violation . . . . 500.00

Third violation and subsequent violations . . . . 1,000.00

(f) Whenever in this Code a public nuisance is not classified, a violation shall be considered to be a Class 2 penalty.

(g) Any such fines shall be paid to the city within thirty (30) days of the date of billing. Failure to pay such fines shall subject the property owner to be summoned to court.

(h) Nothing in this Code or the ordinance adopting this Code shall affect any violation or act accruing before the effective date of this article.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-48. Appeal.

(a) The owner of the property who has been served with a notice pursuant to section 11-45, may within three (3) calendar days after receipt of such notice, make a written request to the chief administrative officer or designee for a hearing on the question of whether the alleged public nuisance in fact exists. Such request shall be delivered to the Public Works Department, 706 S. Glover Av., or if offices are closed, deposited into a drop box at the same location. The hearing shall be held within seven (7) calendar days following receipt of the written request and at least two (2) days notice of the hearing shall be given to the individual who made the written request for the hearing either by telephone or other means.

(b) The hearing shall be conducted by the chief administrative officer or designee. The hearing officer may amend or modify the notice and/or order, or extend the time for compliance.

(c) The owner, agent of the owner, occupant and lien holder if any of the subject property shall be given the opportunity to present evidence to the hearing officer.

(d) In those instances where the nuisance has been abated by the city, the hearing officer shall have the discretion to waive the cost of abating the nuisance, in whole or in part, if in the course of hearing and reviewing the decision, the hearing officer finds that any of the following did not conform to the provisions of this article:

(1) The notice to abate the nuisance;

(2) The work performed in abating the nuisance; or

(3) The computation of charges.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-49. Cost of abatement and fines as a lien.

(a) Whenever a bill for the costs and expenses incurred by the city for the abatement of a nuisance remains unpaid for thirty (30) days after it has been sent to the property owner, the city may file a notice of lien upon the property so affected. Such lien shall be superior to all other liens and encumbrances, except tax liens, provided that the notice of lien is filed with the county recorder within sixty (60) days after such cost and expense is incurred.

(b) The notice shall consist of a sworn statement setting out the following:

(1) A description of the property sufficient for identification thereof;

(2) The amount of money representing the costs and expenses incurred or payable for the abatement; and

(3) The date or dates when such costs and expenses were incurred by the city.

(c) Cost and expenses include, but are not limited to, the costs and expenses in time of city employees or city authorized contractors concerning the actual abatement of the nuisance, administrative fees, title searches or certifications, and reasonable attorney expenses.

(d) Upon payment of the costs and expenses by the owner after notice of lien has been filed, the lien shall be released by the city or person whose name the lien has been filed and the release shall be filed of record as in the case of filing notice of lien.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-50. Reserved.

DIVISION 2.
MUNICIPAL WASTE

Sec. 11-51. Municipal waste generation.

The occupancy of any dwelling or the operation of any business activity within the city shall be prima facie evidence that municipal waste is being generated and accumulated on such premises. The director of public works or designee may, after review, grant exemption to this section if the level of municipal waste generated or the alternative arrangements for disposal of municipal waste does not reasonably warrant once-a-week collection. The person requesting the exemption shall have the burden of establishing the grounds for the exemption to the satisfaction of the director of public works or designee.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-52. Collection required.

(a) It shall be the duty of every owner or occupant of any dwelling unit or any business structure or premises located within the city to have all accumulations of municipal waste from such dwellings, structures or premises regularly collected and disposed of at least once every seven (7) days by a person possessing a valid city hauler license.

(b) It shall be the duty of every owner, occupant or construction contractor to have accumulations of all construction and demolition debris generated from premises placed into an appropriately sized container or dumpster and when full, regularly collected and disposed of during demolition, construction or remodeling activities. Such dumpsters are not required to have lids, however, provisions must be made so as to prevent such materials from being scattered by natural elements onto any premise. All dumpsters shall be promptly removed following completion of such activities. No person is exempt from section 11-52(a) regardless of whether a dumpster may be located on a property as required under this subsection or other circumstance.

(c) All dwellings, buildings or premises, shall remove accumulations of recyclable materials periodically from such locations so as to not constitute a nuisance.

(d) A violation of this section is declared to be a public nuisance, class 2 offense.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-53. Containers.

(a) Required. Waste containers are required to be used during the occupancy of all dwellings and businesses and the property owner shall be ultimately responsible to provide containers in accordance with this article.

(b) Specifications. Each waste container shall be constructed of rust resistant metal or durable plastic and have a solid water tight bottom, handles, together with covers or lids tightly affixed so as to adequately prevent water, insects, or animals from entry and to minimize odors. "Fifty-five (55) gallon drum" containers shall not be considered an acceptable container. All containers shall be maintained to be sound and kept in sanitary condition.

(c) Capacity. All waste containers shall be of sufficient size and number to adequately store and hold all accumulations of municipal wastes, except for the occasional disposal of bulky or oversized wastes such as furniture, mattresses, or appliances which cannot be placed into containers, generated between weekly collection periods from all dwellings or businesses. Frequency of collection shall also be sufficient so as to provide adequate waste disposal capacity.

(1) Single-family dwellings are prohibited from using a container or dumpster having a capacity of larger than one (1) cubic yard for the storage of wastes accumulated between required weekly collection periods.

(d) Location; allowance for curbside collection. No person shall permit a container(s) used for the collection of municipal waste or recyclable materials to be placed or remain upon city-owned or controlled right-of-way or a front yard, except for the forty-hour period commencing at 6:00 p.m. on the day preceding and ending at 10:00 a.m. on the day following the day of the week designated in this Code allowing curbside collection for a given location.

(e) Placement following collection. Containers used for curbside collection of municipal waste or recyclable materials shall be returned and placed back by haulers in an orderly manner so as to not obstruct any street, sidewalk or driveway.

(f) A violation of this section is declared to be a public nuisance, Class 1 offense.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-54. Curbside collection; schedule.

(a) Curbside collection will be allowed to occur within the city for:

(1) Municipal waste generated only from residential dwellings provided such waste is in compliance with section 11-53; and

(2) Recyclable materials generated only from residential dwellings provided such material is in containers pursuant to section 10-77; and

(3) Recyclable materials generated only from multifamily dwellings provided:

a. Such material is in containers pursuant to section 10-77; and

b. The containers used in such program shall be those customarily used for residential dwellings unless approval for other containers is granted by the director of public works in circumstances where the nature of the recyclables or the volume would make the use of another container more efficient or would provide a neater or more uniform appearance.

(b) Except for persons collecting recyclable materials pursuant to a contract with the city, the schedule allowing curbside collection to occur shall be in the following areas within the city only on the designated days as provided herein:

(1) Monday: The geographical area which is located south of and including both sides of Illinois Street and the extension thereof, and west of and including both sides of Anderson Street and the extension thereof; and

(2) Tuesday: The geographical area which is located south of and including both sides of Illinois Street and the extension thereof, and east of Anderson Street and the extension thereof; and

(3) Wednesday: The geographical area which is located north of Illinois Street and the extension thereof.

If a city-observed holiday should occur on one (1) of the designated days, haulers will be allowed to provide curbside collection on the day following the holiday for that geographical area. The occurrence of such holiday may impact subsequent designated curbside collection days; therefore, if such holiday should occur on Monday, that geographical area will be allowed to be collected on Tuesday; if Tuesday, that geographical area will be allowed to be collected on Wednesday; if Wednesday, that geographical area will be allowed to be collected on Thursday; for the remainder of such week.

(c) Curbside collection of recyclable materials by a person operating pursuant to a contract with the city may occur as provided in such contract.

(d) A violation of this section is declared to be a public nuisance, Class 1 offense.

(Ord. No. 2000-12-148, § 3, 3-5-01)

Sec. 11-55, 11-56. Reserved.

Sec. 11-57. Nuisances, specifically defined.

Under this division, public nuisances shall include, but not be limited to, the following acts, conduct, omissions, conditions or things:

(a) Class 1 offenses:

(1) No person, except the owner, occupant, or owner's agent shall interfere, disturb, or collect containers or their contents of municipal waste, recyclable materials, or landscape waste unless such person is employed by a hauler possessing a valid city license, or is a duly authorized city contractor, or is a city employee in the performance of duty.

(2) No person shall intentionally rake and leave or deposit municipal waste, landscape waste or other debris into the streets, gutters or drainage ditches of the city.

(3) No person shall accumulate materials that are intended and appropriate for on-site use in residential fireplaces or wood burning stoves unless such materials are cut to appropriate dimensions and are stacked in a neat and organized manner that does not create a habitat for vermin, create visual blight, constitute any other nuisance, nor pose a fire hazard as may be determined by city officials.

(b) Class 2 offenses:

(1) No person shall allow or cause the accumulation of municipal waste except as provided in section 11-53.

(2) No person shall collect or transport municipal waste, construction and demolition debris, dirt, sand, gravel or other similar materials in such a manner so as to cause such to be scattered or blown onto any premise or street.

(3) No person shall burn municipal waste, construction and demolition debris, landscape waste, or special waste within the city limits, except in incinerators approved by the Illinois Environmental Protection Agency, provided, however, no medical waste, as defined in section 11-21 of this Code, may be burned in an incinerator. This section shall not apply to logs or non-treated dimensional lumber that are cut or split into appropriate dimensions for use in residential fireplaces or wood burning stoves.

(4) No person shall throw or discard municipal waste from any vehicle. Whenever this action occurs, the presumption is created that the vehicle owner is the violator.

(5) All special wastes shall be disposed of in accordance with applicable federal and state laws.

(1) No person shall deposit or dump, or cause to be deposited or dumped rubbish, accumulated municipal waste, construction and demolition debris, landscape waste, or special waste on the property or into containers of another or onto public property, or into any stream or body of water except as allowed by the Illinois Environmental Protection Act. Whenever this action occurs, the violator to be held responsible may be determined:

a. By any items found bearing the name of a person which shall create the presumption that such waste was deposited by the person whose name appears on the item, but this presumption may be rebutted by presenting proof otherwise, or

b. To be the operator of the vehicle used to dump such materials, or

c. To be the person who received compensation from an unknowing customer, or

d. If the vehicle owner can be determined, the vehicle owner shall be presumed to be the violator without rebuttal.

(d) No person shall commit the offense of "Littering" which is defined as the casual, whether deliberate or accidental, depositing or discarding of minor amounts of waste. Littering does not include depositing, discarding or dumping accumulations of waste, whether deliberate or accidental, nor does it include the depositing or dumping of objects, material, or substances which by their nature, characteristics, or size allow them to be classified as offenses under subsection (a), (b), or (c). A violation of this section shall be punished by a fine as set forth in section 1-18 of the Code of Ordinances of the City of Urbana.

(Ord. No. 2000-12-148, § 3, 3-5-01; Ord. No. 2005-07-090, §§ 1, 2, 8-8-05)

Sec. 11-58--11-60. Reserved.

DIVISION 3.
LANDSCAPE MANAGEMENT

Sec. 11-61. Definitions.

The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them:

Vegetation means all species of woody or herbaceous plants, such as: grasses, vines, flowers, vegetables, herbs, fruit, ornamentals, or accumulations thereof, whether alive or dead, excluding trees and shrubs.

(Ord. No. 2001-04-040, § 2, 5-7-01)

Sec. 11-62. Nuisances, specifically defined.

Under this division, public nuisances shall include, but not be limited to the following acts, conducts, omissions, conditions or things found on any premises:

(a) Vegetation, trees or shrubs which may reasonably be expected to injure other forms of life such as: jimson weed (Datura stramonium L.), poison hemlock (Conium maculatum L.), poison oak (Rhus toxicodendron L.), poison sumac (Rhus vernix L.), or poison ivy (Rhus radicans L.);

(b) The occurrence of plants defined as noxious plants in the Illinois Noxious Weed Law: Johnson grass and all perennial sorghums (Sorghum halepense (L.) Pers.), Canada thistle (Cirsium arvense (L). Scop.), musk thistle (Carduus nutans L.), marijuana (Cannabis sativa L.), perennial sow thistle (Sonchus arvensis L.), giant ragweed (Ambrosia trifida L.), and common ragweed (Ambrosia artemisiifolia, L.);

(c) Vegetation or shrubs which aids in the breeding or harboring of rats, or other vermin, or insects which may reasonably be expected to injure or harm human life;

(d) Vegetation, trees and shrubs which hinders the expedient removal of municipal waste or any nuisance abatement measures;

(e) Vegetation, trees or shrubs, or portions thereof, constituting an imminent hazard;

(f) Vegetation, shrubs or trees, except city owned and maintained trees, which prevents the free and unobstructed travel of pedestrians within a sidewalk corridor, such corridor is defined as being the full horizontal width of a paved sidewalk and seven (7) feet in vertical height above the sidewalk, or which otherwise negatively affect traffic or pedestrian safety by impairing the visibility of pedestrians or vehicle operators ingressing or egressing from driveways;

(g) The occurrence of vegetation in excess of eight (8) inches in height, on premises except the following:

(1) Trees, shrubs, vines and annual and perennial herbaceous ornamental plants which are maintained in such a manner so as to not be considered a nuisance as provided herein;

(2) Edible vegetation that constitutes part of a managed crop or vegetable garden, provided such crop or vegetable garden is not considered a nuisance as provided herein;

(3) Vegetation allowed under the managed landscape plan permit;

(4) Land zoned agriculture (AG) or conservation-recreation-education (CRE) as shown and designated on the official zoning map of the city, provided however, that the portions of those lands exempted by this subsection which are within twelve (12) feet of the property line or the right-of-way of a street or alley, must be maintained at a height of eight (8) inches or less;

(h) Vegetation or shrubs which is aggressively invasive, or by way of growth or maturity clearly encroach upon neighboring property owners property, such as: Japanese honeysuckle (Lonicera japonica), ribbongrass (Pharlaris arundinacea) or purple loosestrife (Lythrum salicaria);

(i) Vegetation, tree or shrub debris, or accumulations thereof, which by reason of the manner, location, or condition of such results in visual blight or constitutes a health or safety concern.

Violation(s) of this section is declared to be a class 1 offense.

(Ord. No. 2001-04-040, § 2, 5-7-01)

Sec. 11-63. Compliance with state laws.

Nothing in this division shall be construed as relieving any person of responsibility for complying with any state laws pertaining to noxious weeds and control thereof.

(Ord. No. 2001-04-040, § 2, 5-7-01)

Sec. 11-64. Managed landscape plan permit.

(a) Application for permit. Any person who controls land in the city may apply for approval of a managed landscape plan, for a permit granting conditional exception where the vegetation exceeds eight (8) inches in height on premises, with the public works department.

(b) Plan description. Managed landscape plan means a written plan relating to management of the vegetation within the area described together with a statement of intent and purpose of such area and a general description of the vegetational types, plants and plant succession involved and the specific management and maintenance techniques to be employed. The plan must include provisions for cutting and maintaining vegetation at a length not greater than eight (8) inches for that portion between the sidewalk and the street or a strip of not less than four (4) feet adjacent to the street where there is no sidewalk, and at least a three-foot strip adjacent to neighboring property lines unless waived by the abutting property owner on the side so affected.

(c) Form and submission of application. Each application for a managed landscape plan permit shall be submitted on a form provided by the public works department. If the lot(s) for which a permit is sought is located in a R-1, R-2, or R-3 zoning district, the city shall, seven (7) days prior to issuing the permit, send by 1st class mail a copy of the application to each of the property owners immediately adjacent to such lot(s). A managed landscape plan permit shall be valid for one (1) year from date of issuance unless sooner revoked. Mailing copies of the application to adjacent property owners shall not be required if the renewal application is unchanged from the previous year.

(d) Revocation of permit. The permit issued hereunder may be revoked by the public works department for failure to comply with the conditions of the permit or the provisions of this division. Within twenty-one (21) days after issuance of a managed landscape plan permit, an initial inspection will be made to ensure compliance with the plan. Periodic inspections shall also be made to determine if the permit holder has complied with the plan and if the permit holder has not complied with the proposed plan, the permit may be immediately revoked. Notice of revocation shall be mailed to the permit holder by first class mail. The permit holder may appeal such decision to revoke the permit to a committee of the city council by mailing a notice of appeal within seven (7) days of the date of the notice of revocation to the environmental manager of the public works department. Hearing of the appeal shall follow the procedures for hearing an appeal as provided in subsection (e). If no notice of appeal is submitted within seven (7) days of the date of the notice of revocation and the property still constitutes a nuisance as defined in this division, the city or designated agent may take steps to bring the property into conformity with this division.

(e) Denial of permit.

(1) If, after due consideration of the information in the application the public works department determines that the plan is unsatisfactory, the application will be denied and a permit will not be issued. A notice of denial will be sent to the applicant by first class mail within fifteen (15) days.

(2) Denial of issuance of a permit may be appealed by mailing to the environmental manager of the public works department a notice of appeal within seven (7) days of receipt of notice of denial. A hearing on this appeal shall take place at a regularly scheduled city council committee meeting, not less than fifteen (15) days after receipt of the request for hearing.

(3) At the conclusion of this hearing, the decision of whether denial of the permit (or revocation of the permit, as the case may be) should be upheld, shall be decided by a majority vote of those city council members present.

(4) Where a permit is denied following an application for such and the nuisance(s) has not been abated, the denial of a permit shall function as renotice requiring abatement of the nuisance within seven (7) days of receipt of such denial unless an appeal is sought. When an appeal has been sought and the council committee affirms to uphold denial of the permit, such affirmation shall function as renotice requiring abatement of the nuisance within seven (7) days of the mailing of notice of the denial of the appeal.

(Ord. No. 2001-04-040, § 2, 5-7-01)

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