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McIlvaine faces new pressure to finish his project

Published: Friday, Oct. 11, 2013 5:30 a.m. CST • Updated: Friday, Oct. 11, 2013 6:46 a.m. CST

GENEVA – A Kane County judge Thursday set a hearing date of Nov. 27 for attorneys for the city of St. Charles to ask the court to force Clifford McIlvaine to finish work he promised to do on his home.

The attorney representing St. Charles, Phillip Luetkehans, told Kane County Judge David Akemann that it’s been more than a year beyond the time the work was to have be done.

“This was to be in compliance with the code, and it is not,” Luetkehans said.

The city sued McIlvaine in 2010, pushing him to finish a home repair project he started in 1975. Akemann had permitted the city to go ahead and make repairs to his home, although McIlvaine alleged that contractors caused damage to his home in the process and made unnecessary changes. 

Akemann also set a schedule for McIlvaine to file a detailed report of water damage to his property.

The water damage was caused by a July rain that leaked into his house after the city of St. Charles hired a contractor to repair McIlvaine’s property at 605 Prairie St.

McIlvaine said the city, as the general contractor, ultimately is responsible for the actions of its subcontractor, Absolute Construction and Roofing Company.

McIlvaine said the roofer removed insulation and threw it out, and he is seeking to be compensated for that loss as well.

“They took it off the roof and threw it in the dumpster,” McIlvaine said of the polyurethane insulation.

McIlvaine said he would have higher heating bills now that the additional insulation was removed.

McIlvaine said the leak damaged some 300 electronic items at a loss that begins at $40,000.

In July, Luetkehans said the city’s contractor did not properly secure a tarp to McIlvaine’s garage and solarium while the roof was being repaired, allowing the rain damage to occur.

Luetkehans said among the city’s remedies to push for the work to be done could include a request for jail time for McIlvaine, but not until other options are exhausted.

McIlvaine was briefly jailed in September 2012 when the longtime St. Charles resident refused to comply with city’s plumbing code as part of the home improvement project.

In a separate action, Akemann denied a request from McIlvaine to find a city code enforcement officer in contempt and put the officer in jail for a month.

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