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Article updated: 7/6/2012 6:05 PM

Construction scofflaw gets one more week to show plans

Clifford McIlvaine

Clifford McIlvaine

 
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When a construction project has been lingering since 1975, what's another more week?

Clifford McIlvaine, a St. Charles man being sued by the city to complete an addition to his home in the 600 block of Prairie Street, got another week from a Kane County judge to show he's making progress toward finishing it by late September.

McIlvaine, who in May was found to be in contempt of court because he missed numerous deadlines on a construction schedule agreed upon by him and the city, has until July 13 to have the city approve plans for him to finish work on his roof and present the plans to Judge Thomas Mueller.

McIlvaine declined to comment on his way out of court Friday morning.

He did ask Mueller for a continuation on his contempt of court sentencing last month due to kidney stones and was absent for his last court hearing.

Two weeks ago, Mueller said he wanted to talk with McIlvaine before issuing the contempt sentence, which could include a fine or jail time -- or both.

"The only thing that will stop (Mueller) from sentencing (McIlvaine) is if he can provide (roof) plans that can be approved before coming back to court. We've been waiting for plans for months and months," said Phil Luetkehans, an attorney representing the city. "We're not telling him what kind of roof to put on. The city has to feel comfortable the plans comply with our code."

Luetkehans reiterated that the city just wants the project to be finished, but said the city could seek stiffer punishments if the project languishes.

"We're at the point where the city may seek demolition. It's been an open construction site for 35 years," he said. "We're worried about a lot of things. We're worried about the eyesore, we're worried about the safety (hazard)."

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