City of Quincy v. Weinberg

844 N.E.2d 59, 363 Ill. App. 3d 654, 300 Ill. Dec. 387
CourtAppellate Court of Illinois
DecidedJanuary 26, 2006
Docket4-05-0381
StatusPublished
Cited by14 cases

This text of 844 N.E.2d 59 (City of Quincy v. Weinberg) 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 Quincy v. Weinberg, 844 N.E.2d 59, 363 Ill. App. 3d 654, 300 Ill. Dec. 387 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE TURNER

delivered the opinion of the court:

In September 1999, plaintiff, the City of Quincy, filed a complaint and application for injunctive relief against defendant, Donald L. Weinberg, alleging municipal-code violations relating to fire prevention, housing, and zoning, along with the maintenance of a nuisance on his real property. In October 1999, the trial court entered a default judgment. After years of monitoring defendant’s compliance with its orders, the court found defendant in indirect criminal and civil contempt in October 2004. In April 2005, the court required defendant to divest himself of title to the real estate as a sanction for his contempt.

On appeal, defendant argues the trial court erred in (1) sanctioning him based upon a void judgment, (2) denying his motion for substitution of judge, (3) finding him in indirect criminal and civil contempt, and (4) ordering him to sell his home. We affirm in part, reverse in part, and remand with directions.

I. BACKGROUND

On August 1, 1999, plaintiff served a notice of intention to inspect defendant’s property in Quincy. On August 18, 1999, plaintiff filed a petition for warrant to search and inspect the property, claiming the structure located thereon constituted a dangerous building and violated fire, maintenance, and housing codes. On August 19, 1999, Judge Dennis K. Cashman recused himself, and Judge Mark A. Schuering was assigned to hear the case. That same day, Judge Schuering held a hearing on plaintiffs petition, and defendant, a licensed attorney, appeared pro se. Over defendant’s objection, the trial court granted plaintiffs petition and ordered the inspection to take place on August 23, 1999.

In September 1999, plaintiff filed a complaint and application for injunctive relief. Plaintiff alleged defendant maintained a nuisance in violation of the municipal code (count I), violated fire-protection codes (count II), violated housing standards (count III), and his “primary use of the premises [as] a warehouse and salvage yard” violated zoning ordinances (count IV). On October 20, 1999, the trial court entered a default judgment against defendant.

On October 27, 1999, defendant filed a motion for substitution of judge, stating Judge Schuering had made no substantive ruling in the case and was or may have been prejudiced against him. Also, defendant filed a motion to continue and a motion to vacate the default judgment.

At a hearing on various motions for both sides, the trial court indicated it had contacted defendant on August 19, 1999, in an attempt to notify defendant about the proceedings and defendant appeared. The court indicated it had made a substantive ruling and denied the motion for substitution of judge. The court also denied the motions to continue and vacate the default judgment.

On the City’s motion for the assessment of fines, sanctions, and other equitable relief, the trial court found the property was zoned residential. The court found “overwhelming evidence” that the property was being utilized as a warehouse or a storage facility. The court stated it sought to take “an aggressive approach” to get defendant into compliance through the granting of injunctive relief and the assessment of fines. The court ordered defendant to remove all items improperly maintained on the premises by November 24, 1999, and fined defendant $400 ($100 on each count).

In November 1999, the trial court conducted a status hearing on its prior order. Plaintiff indicated an interior and exterior inspection of the premises was taken to determine the level of compliance. The court’s immediate concern was the potential fire hazard inside the house. The court ordered defendant to clear the stairwells for ingress and egress, and if it was not completed the court would order the City to send a crew in and place the items in storage at defendant’s cost. The court required exterior items to be removed within 28 days, and any items defendant believed had uses consistent with the residential character of the property should be tagged to notify City officials.

In December 1999, the trial court conducted a compliance-review hearing. The court found defendant in substantial compliance as to counts II and III, although reasonable grounds existed for the court to enjoin further actions by defendant in violation of the City’s fire-prevention and housing codes. Also, the court found defendant was not in substantial compliance as to counts I and IV The court ordered the $400 in fines on all four counts remain in full force and effect. Further, the $100-per-count fines on counts I and IV were to be imposed retroactively to November 29, 1999, totaling $4,600 and subject to abatement upon full compliance with the court’s previous orders.

In January 2000, the trial court conducted a status-review hearing. The court found defendant substantially complied with its previous orders. The court stated the $4,600 in fines and penalties were to remain in full force and effect and assessed an additional $2,800 in fines.

On January 18, 2000, plaintiff filed an amended complaint and application for injunctive relief, adding counts V and VI pertaining to alleged zoning violations. The complaint alleged two outdoor privies served no permitted use under the municipal code and a nonilluminated device mounted on a steel shed violated the municipal code. In February 2000, defendant failed to appear at the status hearing, and the trial court entered a default judgment as to counts V and VI. The court ordered defendant to remove the wooden privies and the signage by March 10, 2000.

In April 2000, defendant again failed to appear at the compliance hearing. The trial court found defendant failed to comply with the housing-code provisions under count III and failed to remove the wooden privies and signage. Failure to remove the privies and signage resulted in a fine of $4,000. The previous fines remained in full force and effect to be paid by May 5, 2000. Also, if defendant failed to remove the privies and signage by April 25, 2000, plaintiff had leave to enter the property and remove the structures with defendant responsible for the costs of removal and storage.

In May 2000, defendant failed to appear. The trial court found defendant had made some progress toward compliance as to repairs to the soffit and eaves under count III. The privies and signage had been removed from the premises, although both outbuildings were placed on a flat-bed truck parked on the street. The court required defendant to remove all items located on or adjacent to the driveway not directly related to the repairs of the exterior of the residence.

In June 2000, plaintiff filed a motion for the $462.15 cost of removing the outbuildings. In July 2000, defendant failed to appear. The trial court found defendant had deposited further items on the property in violation of the court’s previous orders. The court entered judgment against defendant for the $462.15 cost of removal. The court also fisted numerous items to be removed from the premises and allowed plaintiff to enter the property to execute the court’s orders.

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Bluebook (online)
844 N.E.2d 59, 363 Ill. App. 3d 654, 300 Ill. Dec. 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-quincy-v-weinberg-illappct-2006.