St. Charles officials want permission from a judge to move vehicles, construction materials, and a large tank currently on the outside of Cliff McIlvaine's home to a storage facility at McIlvaine's expense, according to court documents.
The city sued McIlvaine in late 2010 in an effort to get him to complete a project at his home in the 600 block of Prairie Street for which he was first issued a permit in 1975.
The two sides inked a consent degree for McIlvaine to complete work by September 2012. He fell behind schedule, was jailed for two weeks after he refused to connect to the city water supply and the city was granted permission in May to install a new roof and exterior stairwell.
A hearing is set for Dec. 19 during which the city will ask Kane County Circuit Judge David Akemann for permission to finish the remaining work. "Defendant McIlvaine's course of contemptuous conduct during the past year makes clear that he has no intention to comply with the consent decree and that both fines and incarceration will not secure his compliance," St. Charles city attorneys wrote in court papers.
The city wants to move items to a storage facility of McIlvaine's choice at his expense and without being liable for any possible damages, according to court documents.
McIlvaine has filed court papers seeking damages from an early July leak that occurred in the new roof installed by a contractor working for the city.
The city told McIlvaine to deal with the insurance carrier for Absolute Construction and Roofing Co., according to past court hearings.
But the roofer's insurance company refused to indemnify and hold the city harmless from the July roof leak.
"They know the city is wrong. I've videotaped everything the city has done since they came on the property," McIlvaine said.
McIlvaine said he's filed a claim for $40,000 in water damage along with another $20,000 damage for insulation that was removed from a super-insulated roof he was trying to install before the conventional roof was put on.
As for the vehicles, construction debris and other items in the city's court motion, McIlvaine has no plans on moving them off his property before the December hearing.
"There's no justification for what they're trying to do. We'll see what happens. If the judge doesn't agree, he doesn't agree," he said.
McIlvaine also has been fined $100 a day since July 2012 for every day the project is behind.