Both sides in the case of Clifford McIlvaine, a St. Charles resident who has been working on some type of home construction project since 1975, say they are working toward a solution and don’t want to go to trial.
“It’s a rather delicate situation right now,” William Foote, McIlvaine’s defense attorney, said after a brief court appearance Monday. “Mr. McIlvaine has hired an outside contractor to complete the project. We’re all working in good faith.”
The city sued McIlvaine in late 2010, charging that he had not let city officials inspect a construction project at his home in the 600 block of Prairie Street since permits were issued in 1975.
The city argued the project was a danger to public safety as well as a blight on the neighborhood as construction debris, trailers, old cars and other items were on his yard for years.
McIlvaine hired St. Charles-based Royal Builder to help with the project and was due to provide plans to the city for review by April 11.
Bob Funk, an attorney representing St. Charles, said the city is still awaiting some structural documents and the city hopes for an “amicable solution.”
The case is due back before Judge Thomas Mueller May 16.
But if push comes to shove, the city appears to be turning up the heat on McIlvaine.
According to court documents, city officials cited violations of at least 33 sections of building and electrical codes during inspections of McIlvaine’s garage and an addition on Dec. 15, 2010 and Jan. 4, 2011.
The city also is seeking a $750 fine — which is the maximum allowed — per day for the code violations, court documents state. What is unclear is whether these fines could be applied retroactively.
“Based upon the city’s inspection from public right of way, defendant has performed no work on the exterior of the garage or home since sometime in 2007 except for a temporary repair to the home to prevent raccoons from entering the home,” the city’s complaint against McIlvaine states.
“At present, neither the roof nor exterior walls of either the garage or the home have been completed. The roof of the home is covered with some type of rubberized material and the exterior walls remain unfinished.”Copyright © 2013 Paddock Publications, Inc. All rights reserved.