Barrington Hills land owner could face contempt of court

A Barrington Hills lawyer must go before a judge next month to explain why he should not be held in contempt of court for, according to McHenry County authorities, ignoring a court order requiring him to remove massive stacks of wood and mulch from his property.

McHenry County Judge Michael Caldwell Tuesday ordered Philip Maksymonko to appear in his courtroom Sept. 7 and provide either a satisfactory explanation for his lack of action or face penalties including a possible jail sentence.

Caldwell issued the directive Tuesday at the request of county lawyers who say Maksymonko has chosen not to abide by a May 5 court order requiring he clean up his property on the 3100 block of Spring Creek Drive.

"It's our contention that he has not complied with the order," said Thomas Carroll, civil division chief for the McHenry County State's Attorney. "The wood and logs have not been removed from the property. It's still there today."

Maksymonko disputed the county's claims Tuesday, saying much progress has been made on the cleanup.

"The county seems to have vision problems," he said. "It's so obvious that a blind person could see the difference. Truth was the very first casualty in this thing."

In May, Maksymonko and the county struck a deal, approved by Caldwell, in which the landowner agreed to remove any wood spilling from his land onto a neighbor's, as well as any log larger than 36 inches in diameter, within two weeks. He then had two more weeks to remove any other pieces unsuitable for firewood. Once that was complete, Maksymonko had to cut the remaining wood on his land and store it neatly.

The deal was reached after months of litigation over huge piles of wood - some measuring more than 20 feet high - on Maksymonko's 12-acre property near the Algonquin border. County officials called the piles a health hazard and nuisance. Maksymonko said he used the wood to warm his home during winter.

Since May, Maksymonko has done little to comply with the agreement, Carroll said. County officials visited the property July 21 and found large logs, a 19-foot-tall pile of mulch and wood spilling onto a neighbor's land, Assistant McHenry County State's Attorney Lynn Criscione said.

"What we really want is the health hazard removed, we want the nuisance for his neighbors removed and we want him to comply with county ordinances and health codes," Carroll said. "He has been, we believe, unwilling to comply."

If Maksymonko continues not to comply, Carroll said, the county could pay someone else to do the cleanup and then place a lien on the property to recover the costs.

Last month a Cook County judge, acting on a complaint from the village of Barrington Hills, fined Maksymonko more than $37,000 and ordered him to clean up his property.