City of Chicago v. Elevated Properties, L.L.C.

840 N.E.2d 677, 361 Ill. App. 3d 824, 298 Ill. Dec. 564, 2005 Ill. App. LEXIS 1029
CourtAppellate Court of Illinois
DecidedOctober 13, 2005
Docket1-03-2440
StatusPublished
Cited by5 cases

This text of 840 N.E.2d 677 (City of Chicago v. Elevated Properties, L.L.C.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Chicago v. Elevated Properties, L.L.C., 840 N.E.2d 677, 361 Ill. App. 3d 824, 298 Ill. Dec. 564, 2005 Ill. App. LEXIS 1029 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE QUINN

delivered the opinion of the court:

Plaintiff, the City of Chicago (the City), appeals from an order of the circuit court of Cook County, levying fines against defendant, Elevated Properties, LLC, a/k/a Elevated Properties (Elevated), for violations of sections 13 — 12—125 (Vacant Buildings Ordinance) and 13 — 12—130 (Unsafe Buildings Ordinance) of the Chicago Municipal Code (Code) (Chicago Municipal Code §§ 13 — 12—125, 13 — 12—130 (2000)). On appeal, the City argues that the trial court erred in finding that Elevated had equitable defenses and in refusing to levy the minimum fines required by the Code. For the following reasons, we reverse and remand.

BACKGROUND

On September 21, 2000, the City filed an 11-count complaint for equitable and other relief against Elevated, unknown owners, and nonrecord claimants for violations of the Code. The complaint described three buildings located on Elevated’s property at 3301 East 98th Street in Chicago, Illinois (the Property), which included a 10-story building (Building I), an 8-story building (Building II), and a 1-story building (Building III).

The complaint also described the dangerous conditions allegedly existing in each building and sought injunctive relief and penalties for violations of various sections of the Code. In particular, count II of the complaint sought fines for unsafe conditions on the Property in violation of the Unsafe Buildings Ordinance, section 13 — 12—130 of the Code. Count IX sought fines for Elevated’s failure to register vacant buildings on the Property in violation of the Vacant Building Registration Ordinance, section 13 — 12—125 of the Code.

Elevated was served with summons on October 3, 2000, and subsequently filed its appearance and answer on October 12, 2000. During the initial hearing on October 12, 2000, Elevated informed the trial court that it had received a $2.4 million estimate to demolish one of the structures on the Property. On January 18, 2001, the trial court entered an order of default against the unknown owners and non-record claimants, leaving Elevated as the sole defendant in the suit. A trial was held on September 23 and 27, 2002, during which both sides called witnesses and presented evidence.

At trial, Dennis Callinan, an administrator with the Vacant Multiple Dwelling Registrations Program for the City, testified that Chicago’s Building Code requires vacant buildings to be registered with Chicago’s department of buildings, and he described the process by which owners can register such buildings. Callinan testified that the purpose of registering vacant buildings, which requires an annual fee, is to make ownership information available to City inspectors and other officials. Callinan also testified that if a building has never been registered, that fact is indicated in the City’s records. Callinan further testified that on September 19, 2002, he checked the registration for 3301 East 98th Street and found that the buildings at that location had never been registered.

Miguel Diaz, an inspector for the City’s demolition department, testified as an expert in the field of building inspections conducted to determine Code violations and dangerous conditions. Diaz testified that he was familiar with the Property as part of his duties as a building inspector for the City. Diaz explained that Building I contained a grain elevator, Building II contained multiple silos, and Building III was merely a four-foot foundation consisting of concrete and rocks. Within two or three blocks on the south side of the Property, there were a number of residential homes. On the other sides of the Property, there was the Calumet River, the Skyway Expressway and a railroad.

Diaz testified that he conducted an inspection of the Property between 8 to 10 times. During his first inspection on July 12, 2000, Buildings I and II were open. On September 4, 2002, the date of his last inspection, Building I remained open on the southeast end, with openings large enough to allow an individual to go inside the building. Diaz testified that anyone could gain access to the Property by going over the railroad property or by arriving “right at the front gate.” Diaz testified that on several occasions when he visited the Property during the day, there was no one on the Property and he gained access to and remained on the Property for about 30 minutes before he was stopped. Diaz testified that he found graffiti inside and on the outside of the buildings, as well as water bottles, coffee cups and beer cans on the Property. Diaz noticed people working on the railroad and the barges, but did not see any other activity in or near the buildings. Both Buildings I and II were unoccupied, vacant and not being used on a daily basis.

Diaz also testified that the exterior of Building I contained sheet metal that was rusted and deteriorated. This sheet metal had holes in it and was falling off the structure. Diaz testified that the sheet metal and iron on the outside stairs and windows was also falling off of the structure. Diaz testified that the Property posed a dangerous condition because Building I was a tall structure and there was a possibility that, on a windy day, the sheet metal could blow off and injure individuals working in the area. Diaz testified that the exterior stairway was also in a dangerous and hazardous condition. He testified that it was damaged with a large dip in the center of the landing, missing handrails and treads. Diaz also stated that there was broken glazing and standing water on the bottom level of Building I. Diaz testified that these conditions existed when he conducted his original inspection of the Property on July 12, 2000, and had not changed during his subsequent inspections. The only change Diaz noticed during his subsequent inspections was that some of the area near the building had been cleaned up. Diaz testified that the dangerous conditions could be abated by removing the rusted sheeting and iron as well as the outside stairs.

Diaz also described the conditions inside Building I. He testified that there were holes in the floors of all levels of the approximately 150-foot-tall building, creating a dangerous and hazardous condition. Diaz stated that these holes existed on the first level of the building on July 12, 2000, but could be abated by properly securing the openings. Diaz testified that as of September 20, 2002, the date of his most recent inspection, very few holes had been covered and those that were covered had insufficient coverings made of flimsy material that could be kicked away. Diaz also stated that the electrical and mechanical systems in the building, such as pulleys, conveyor systems, and boiler, were not operable and were also in dangerous and hazardous condition.

Diaz testified that the silos of Building II showed extensive deterioration, with cracked and broken concrete and rusted parts. He explained that this created a dangerous and hazardous condition because there was loose and broken concrete at different levels of the silos and large chunks of concrete lying near the roofline opening of the silos. Diaz stated that the roof of the silos was deteriorated and at risk of collapsing, making it dangerous because chunks of concrete could fall and cause death or serious injuiy. The fire escape was also in dangerous condition, with loose sheeting and iron lying on top of it.

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Bluebook (online)
840 N.E.2d 677, 361 Ill. App. 3d 824, 298 Ill. Dec. 564, 2005 Ill. App. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-chicago-v-elevated-properties-llc-illappct-2005.