St. Charles, McIlvaine still at odds over roof damage

St. Charles officials have fired back at Cliff McIlvaine in the long-running dispute over his languishing home improvement project on Prairie Street.

In Kane County court filings, the city says it’s working with McIlvaine to compensate him for damages caused by a water leak in his roof from a July 8, 2013, storm, but McIlvaine has refused to specify what was damaged.

“We keep asking him for that,” said Bob Vann, Building and Code Enforcement division manager for the city.

The city also disputes McIlvaine’s allegation the city owes him money because the traditional roof the city installed was not in accordance with McIlvaine’s plans to super insulate the roof. Rather, city attorneys argue, the city’s municipal code holds McIlvaine responsible for paying for a new roof.

The city sued McIlvaine in late 2010, arguing he had not let city inspectors on his property since he was first issued a building permit in 1975.

The two sides eventually inked an agreement to have McIlvaine complete the project by September 2012, but he missed numerous deadlines in spring 2012 and was eventually jailed for two weeks for contempt of court.

In May, Judge David Akemann ruled the city should be allowed to correct code violations and finish work on the home, including erecting a staircase on the west end of the house and installing a traditional asphalt roof.

McIlvaine, who did not return a phone message Tuesday, filed a motion seeking damages from the city.

McIlvaine, who is acting as his own attorney, argues the contractor installing the roof damaged fiberglass he had previously put in place for his super-insulated roof. He also wants damages from the July 8 leak in a roof tarp and wants asking the city to “justify” why it erected a stairwell.

“To the extent Defendant McIlvaine complains about the construction taking place on the residence, his argument is nothing more than an improper attempt to re-litigate issues he failed to raise during the (May) hearing and are governed by the repair order,” St. Charles City Attorney Robert Funk wrote in court filings.

Funk wrote that city officials were actually at McIlvaine’s when the roof tarp leaked. “The city and the roofing contractor are working with Defendant McIlvaine to compensate him for any damage.”

Both sides are next due in court Aug. 28.

Vann estimated that the work required under the court order signed by Akemann was about 90 percent complete. Vann said there is some minor work on grading, siding, fascia and garage doors that need to be installed.

Since Akemann’s order, the city has given McIlvaine the option of using his own contractors to remedy minor issues, as long as the work is done by specific dates. For aspects that McIlvaine disagrees with, such as the shingle roof and staircase, the city has used its own contractors.

“We’re going to try and get as much done as possible (before Aug. 28). It’s really up to Mr. McIlvaine how much he wants to get done or we’ll take it over,” Vann said. “We’re still working with him to a certain extent.”

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