St. Charles man almost done with 39-year house project
After nearly four years of litigation, dozens of court appearances and two stints in jail, the saga of a St. Charles homeowner first issued a building permit in 1975 might be coming to an end.
"It is 98 percent complete. It looks much better," said Phil Luetkehans, an attorney for the city, after a brief court hearing Thursday for Cliff McIlvaine. "We're nearing the end. We're reaching the point where he will be in compliance."
The city sued McIlvaine in late 2010 in an effort to inspect his home on the 600 block of Prairie Street for code and safely violations.
The two sides eventually reached a deal for McIlvaine to finish work by September 2012, but he missed several deadlines in spring of that year and was jailed twice for contempt of court for refusing to connect to the city's water supply. A judge also ordered fines of $100 for each day McIlvaine was in violation of city codes.
After a lengthy hearing in May 2013, a new judge on the case, David Akemann, gave the city permission to take over and finish certain aspects of the project, such as installing a conventional asphalt roof, burying an exposed power line and installing an exterior staircase on the home's west side.
McIlvaine fell behind, but he and the city inked an agreement in spring 2014 for him to remove some construction vehicles and material from his land.
Again, McIlvaine fell behind, and the two sides reached another agreement last month.
Thursday morning, Luetkehans, a city building official, McIlvaine and McIlvaine's attorney, Phil Piscopo, toured the project again.
Luetkehans said McIlvaine has removed many of the construction vehicles and materials from the site and agreed to buy tarps to screen other materials.
He still has until October 2015 to complete a storage facility for other materials.
"He has made progress. We feel he has complied," Piscopo said. "We're about to emerge into the light (at the end of the tunnel)."
The two sides are due in court again Jan. 28.
Once McIlvaine has completed the work, the two sides will address the issue of fines, which could exceed $100,000.