Glen Ellyn, COD still tussling over building inspections
Glen Ellyn officials insist they want to resolve the ongoing dispute with the College of DuPage over building inspections, and say preliminary discussions with the college’s third-party inspectors have been productive.
But the village also wants to make sure it’s covered legally — in case those discussions don’t turn out so well.
On Wednesday, the village formally filed a motion in DuPage County circuit court seeking “injunctive relief” that would prohibit four newly constructed buildings on campus from being occupied in the absence of village-issued certificates of occupancy.
The village’s “pleadings” don’t ask for immediate court action, but would give attorneys a legal pathway to seek an injunction should discussions fall through — and the college seeks to move into the buildings.
“What we filed (Wednesday) puts us in the position where, if negotiations don’t succeed, the village could request that the four buildings involved not be occupied because they haven’t been inspected and there hasn’t been certificates of occupancy,” Village Attorney Stewart Diamond said.
He called the court motion “cautionary.”
The two sides met Tuesday on the college’s campus to discuss the inspection reports, which were completed by architectural and consulting firms hired by the college. COD officials have maintained the new buildings have met or exceeded all requirements for inspection. The village has questioned the college’s peer review inspection process, arguing it isn’t the same as village-certified inspections — which the college hasn’t allowed.
But the village also said it would be willing to issue occupancy permits for the new buildings if village staff was able to meet with college inspectors and verify the buildings were constructed to village standards.
The village has submitted certificates of compliance to the college’s contractors for them to verify in writing that building codes were followed, according to interim Village Manager Terry Burghard.
In a statement, Village President Mark Pfefferman said those certificates would be “an ideal mechanism toward achieving our mutual goal — opening the college’s buildings safely and on time.”
“The village is trying to be creative in addressing the situation in as efficient and cost-effective manner as possible,” Pfefferman said. “Recent communication and (Tuesday’s) meeting lead me to believe the college is as well. That’s what good governments are supposed to do.”
It would be up to the village board to make the final decision on issuing occupancy permits.
Time may be of the essence, since the college wants to open the buildings this fall.
Diamond said legal action to prohibit occupancy of the buildings would be a “last resort.”
“If we allow experts to talk to one another in an open manner, this process should be successful,” he said.
COD spokesman Joe Moore said the college wasn’t aware of the village’s court action during their meeting Tuesday. He said the college will release a statement Thursday.