Appellate Court Upholds Demolition Order But Limits Municipal Fines
In County of DuPage v. Arjmand, an Illinois Appellate Court upheld a demolition order issued by a circuit court in favor of a county, but reversed portions of the circuit court's order imposing fines on the property owner.
A property owner owned a partially constructed and vacant property. According to the county, the property contained numerous unsafe and hazardous conditions, including broken windows, graffiti, mold, and structural issues, and became a site for trespassing and other illicit activities. After the owner failed to address all of the code issues, the county filed a complaint against the owner alleging that the residence was an unsafe structure, public nuisance, lacked a valid building permit, and violated various provisions of the International Property Maintenance Code.
The circuit court ruled in favor of the county on all counts in 2021 and issued a demolition order for 2022. The court also imposed fines, fees, and costs against the property owner. The owner appealed, raising four issues on appeal: (1) the validity of demolition order, (2) the grant of summary judgment in favor of the county, (3) the validity of the imposed fines, and (4) the trial judge’s refusal to recuse himself.
The Appellate Court upheld the demolition order in favor of the county, finding that despite the owner taking some remedial measures, the property remained dangerous and unsafe, and the owner had more than reasonable time to repair the property.
As to the owner's appeal of the fines imposed by the court, the Appellate Court determined that fines for ordinance violations must be calculated for
violations up to the date of the court order, not after the order is issued. The court
also rejected the issuance of prejudgment fines on certain of the counts and
sent the case back to the circuit court for further proceedings.
The Appellate Court also rejected the property owner's claim that the judge should have recused himself.
Post Authored by Luigi Laudando & Julie Tappendorf, Ancel Glink
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