ST. CHARLES – City officials are asking permission to remove vehicles, construction materials and rubbish from the outside of Clifford McIlvaine’s house, and move it to a storage facility at his expense.
Officials made the request in a recent court filing. Kane County Judge David Akemann is set to hear the request Dec. 19.
Akemann previously allowed the city of St. Charles to proceed with the repairing of McIlvaine’s property at 605 Prairie St., including correcting an unfinished roof.
The city sued McIlvaine in 2010, pushing him to finish a home repair project that was started more than 30 years ago.
McIlvaine said he objected to the city’s latest request.
“I don’t think it’s right, and I’m going to fight it,” he said Friday.
City officials had asked McIlvaine to remove several items from his property by Oct. 8, including all garbage and debris, all construction materials and all vehicles not parked on an impervious surface.
“Defendant McIlvaine’s course of contemptuous conduct during the past year makes clear that he has no intention to comply with the consent decree and that both fines and incarcerations will not secure his compliance,” St. Charles city attorney Robert Funk wrote in a recent court filing.
McIlvaine briefly was 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.
Earlier this year, McIlvaine blamed city officials after water leaked into his house after a heavy downpour in a July storm.