Village of Maywood v. Barrett

570 N.E.2d 645, 211 Ill. App. 3d 775, 156 Ill. Dec. 169, 1991 Ill. App. LEXIS 444
CourtAppellate Court of Illinois
DecidedMarch 25, 1991
Docket1-89-1388
StatusPublished
Cited by11 cases

This text of 570 N.E.2d 645 (Village of Maywood v. Barrett) 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
Village of Maywood v. Barrett, 570 N.E.2d 645, 211 Ill. App. 3d 775, 156 Ill. Dec. 169, 1991 Ill. App. LEXIS 444 (Ill. Ct. App. 1991).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Defendants, Reginal and Rose Ann Barrett, 1 appeal from orders entered by the trial court authorizing plaintiff, Village of Maywood (the Village), to demolish an unoccupied, single-family dwelling owned by defendants, located at 1236 S. 18th Avenue, Maywood (the Premises). The sole issue raised on appeal is whether the trial court abused its discretion in denying defendants’ oral motion for a continuance of the demolition proceedings. For the following reasons, the judgment of the circuit court is affirmed.

The record sets forth the following events leading up to the order to demolish the Premises. On March 10, 1988, pursuant to section 11—31—1 of the Illinois Municipal Code (the Code) (Ill. Rev. Stat. 1987, ch. 24, par. 11—31—1), the Board of Trustees of the Village passed an ordinance which provided that as the result of certain violations of the Maywood Village Code, enumerated in the ordinance, the Premises was found to be “dangerous and unsafe” and a “hazard to the health and safety of the residents of the Village of Maywood.” Accordingly, on April 15, 1988, the Village mailed a 15-day violation notice to Reginal, as owner of record, demanding that he either repair or demolish the Premises within 15 days. The notice further stated that if he failed or refused to repair or to demolish the Premises within that time, the Village was authorized to file a petition in the circuit court of Cook County, seeking a court order for the Village to repair or to demolish the Premises, with the costs for doing so becoming a lien on the property.

When Reginal failed to repair or to demolish the Premises within the 15-day period, on June 3, 1988, the Village filed a “petition to demolish or repair unsafe building” in the circuit court of Cook County. In the petition, the Village sought an injunctive order requiring Reginal to repair or to reconstruct the dangerous and unsafe Premises. In the alternative, the Village sought an order authorizing and directing the Village to demolish and to wreck the Premises, and to assess a fine against Reginal in the amount of $500 per day for each day he failed to repair or to reconstruct the dangerous and unsafe Premises. 2

In his response to the Village’s petition, dated June 29, 1988, Reginal claimed, inter alia, that the Premises was boarded up and unoccupied; that no conditions required emergency action; that he had put on a new roof and had installed new drywall on interior surfaces; that he had never received the September 18, 1987, violation notice; that the 15-day time frame was arbitrary and unreasonable; that enforeement of the Maywood Village Code was arbitrary and inconsistent; and that the Premises would be repaired that summer. Reginal then requested that he be given sufficient time to make the improvements and that he be allowed to proceed on an agreed schedule without being assessed any fines.

Thereafter, on July 19, 1988, the trial court entered an order dismissing the cause for want of prosecution. That order was vacated and the cause was reinstated on September 27, 1988, with a status hearing set for October 26, 1988, to consider a repair schedule. Reginal failed to appear at the October 26 hearing, and the court found that Reginal had also failed to provide the Village with a repair schedule per his representation to the Village at the September status hearing. The cause was set for another status hearing on November 2, 1988.

At the November 2 status hearing, Reginal appeared pro se. At that time, the trial court granted the Village leave to add Melrose Park National Bank, land trust No. 5187; Melrose Park Savings and Continental Illinois National Bank and Trust as necessary parties. The cause was then set for a status hearing on December 14, 1988. In the interim, on November 9, 1988, the Village added Rose Ann Barrett, Reginal’s wife, as a defendant.

Following the hearing on December 14, 1988, the trial court entered an order, directing defendants to correct certain of the enumerated violations within 30 days and to correct others within 60 days. If the violations were not corrected so as to comply with the Maywood Village Code within the time periods specified, the Village would be granted its motion for a hearing and defendants would be fined $500 per day per violation. The cause was then set for a status hearing on January 18, 1989, at which time compliance was to be evaluated. The order further stated that no further extensions were to be granted for defendants’ compliance.

On January 18, 1989, the trial court entered an order setting February 28, 1989, as the next hearing date and ordered defendants to permit the Village to gain entry to the Premises to make inspections within seven days of the hearing. On February 28, an order was entered granting defendants’ motion to substitute judges. The cause was then continued to March 22, 1989. On March 22, on the court’s own motion, the cause was continued to March 29, 1989.

At the March 29, 1989, hearing, defendants 3 requested another continuance on the grounds that: (1) the attorney who had been helping Reginal prepare his defense had died three weeks ago; (2) defendants would be closing on the sale of another of their buildings within 10 to 15 days which would net them $70,000, giving them enough money to either make the necessary repairs to the Premises or to hire an attorney; (3) the Village had backed out on an agreement regarding the repairs; and (4) they would be receiving $15,000 from the Internal Revenue Service in four weeks which they were willing to put in escrow for the repairs.

The trial court then recessed the trial for a short pretrial conference to further enable defendants and the Village to reach some type of agreement. Following the conference, the Village informed the trial court that it intended to proceed with the hearing because defendants’ source of funding was “nebulous” and it could not come to a firm agreement with defendants. The Village further indicated that if the demolition order issued, the Village would be inclined to stay the order if defendants complied within 30 days. Further, if defendants could come up with the proper funding to put the Premises in compliance with the Maywood Village Code, the Village would vacate the order within the 45-day period. Defendants replied that they had asked the Village for an extension to April 30 and had offered to put up a $50,000 performance bond by April 15. However, the Village would not agree.

The court then denied defendants’ request for a continuance and recessed the proceedings for lunch. In reaching its decision, the trial court noted that defendants had indicated that they were short of funds to hire an attorney. However, the trial court found that it was not dealing with normal indigence, just a “shortness of funds.” Further, it found that there had been a substantial amount of time from the filing in April 1988 to the present within which defendants could have hired an attorney.

Following lunch recess, defendants did not return to the courtroom. The court informed those present that during the lunch recess, Reginal had given the court clerk a document to be given to the court.

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Bluebook (online)
570 N.E.2d 645, 211 Ill. App. 3d 775, 156 Ill. Dec. 169, 1991 Ill. App. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-maywood-v-barrett-illappct-1991.