Chapter 9-44
DUMPING ON REAL ESTATE WITHOUT A PERMIT

Sections:

9-44-010    Dumping on real estate without permit—Nuisance—Violation—Penalty—Recovery of costs.

9-44-010 Dumping on real estate without permit—Nuisance—Violation—Penalty—Recovery of costs.

A.    No person shall dump or deposit or cause to be dumped or deposited on any lot or parcel of real estate within the city, any garbage, ashes, refuse, trash, miscellaneous waste, manure or other substance that may contain disease germs or may be scattered by the wind, or may decompose, or become filthy, noxious or unhealthful, except at a sanitary landfill site, liquid waste handling facility or transfer station for which a permit has been properly issued pursuant to the provisions of this code. Such dumping without a permit is hereby declared to be a nuisance. Any person or business violating this provision of this chapter shall be fined not less than five thousand dollars ($5,000.00) and not more than ten thousand dollars ($10,000.00). Offenses may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six (6) months under the procedure set forth in Section 5/1-2-1.1 of the Illinois Municipal Code as amended, and under the provisions of the Illinois Code of Criminal Procedure, as amended, in a separate proceeding. In addition to the other penalties provided in this section, any person who violates this section shall be liable to the city for three (3) times the amount of all costs and expenses incurred by the city in abating a nuisance. In addition to any other penalty imposed under this chapter, if any person or business performing work under any contract with the city is found guilty of violating this section, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. Any business license issued by the city to any person who violates this section two (2) or more times within any ten (10) year period shall be subject to revocation if the violation occurred in the course of the business for which the license was issued.

B.    A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this subsection and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle and in addition to any other penalties imposed under this section; provided, that the penalty shall be two thousand dollars ($2,000.00) for any second or subsequent violation of this subsection B within any ten (10) year period. (Ord. 3421 § 8, 2021; Ord. 3316 § 2 (part), 2015; Ord. 3084 § 1, 2001)