IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS FILED CITY OF DEKALB, an Illinois home rule municipality, 0c; Plaintiff, No: 16MR 3G TA 206 . Et PATRICK K, LOONEY, HARRY RICE, notice STANLEY DOTY, NORTH BOE oO i SSE ENT COMMUNITY BANK N/K/A BYLINE HEE AENOE TO BE CONDUCTED AT BANK, OTTO’S INC, SOMEROOR 504, La DANCE WITH iE DoKAl SYCAMORE, IL IN AC INC, NATIONAL BANK & TRUST S SPREE GOUBT RULE 213,9EF ORE, COMPANY OF SYCAMORE, IL N/K/A sunce PM. FAILURE HIRST MIDWEST BANK, LDR A Oe CONSTRUCTION SERVICES, INC, TSENG DISMISSED OR AN ORDEF STRUCTURAL DYNAMICS, INC, DEFAULT BEING ENTER COUNTRYWIDE BANK FSB N/K/A BANK OF AMERICA and NATIONSTAR MORTGAGE LLC, 112 East Lincoln Highway, 118 East Lincoln Highway, DeKalb, Illinois Defendant/s, VERIFIED PETITION FOR DEMOLITION AND REMEDIATION PURSUANT TO 65 ILCS 5/11-31-1, ET. SEQ. Parties: ‘NOW COMES the City of DeKalb, an Illinois home rule municipality, and for its Petition for Demolition and Remediation Pursuant to 65 ILCS 5/11-31-1, ef. seg., states as follows: 1. The City of DeKalb is an Illinois home rule municipal corporation, located entirely within DeKalb County Ilinois. 2. Within the City of DeKalb, there are two parcels of property located at 112 East Lincoln Highway and 118 East Lincoln Highway, with Permanent Identification Numbers (08-22-282-001 and 08-22-282-002, which are legally described as:For APN/Parcel ID(s): 08-22-282-001 and 08-22.282.002 Parcel 1: Lots 2 and 3 (except the easterly 4 feet thereof of said Lot 3) in Ruby's Subdivision of a part of Block 2 in the original Town (now City) of DeKalb, according to the plat thereof recorded in Book "D" of Plats, Page 23.0n October 28, 1907, in DeKalb County, Ilinois Parcel 2: ‘The Easterly 4 feet of Lot; all of Lot 4 andthe Westerly 12.4 feet of Lot, llin Ruby's Subchvision of part of Block 2in the eiginal Town (now City) of DeKalb, according othe plat thereof recorded in Book “D* of Plats, Page 23, on October 28, 1907, in DeKalb County, linois. Hereafter referred to as “the Property.” 3. Patrick Looney (“Looney”) is the record owner of the Property. 4. North Community Bank n/k/a Byline Bank, which has its principal offices at 3639 N. Broadway, Chicago, IL 60613 on information and belief has an interest in the Properyy by virtue of a morgage recorded in the DeKalb County Recorder's Office as Document No. 2001002253 and is a defendant herein; Somercor 504, Inc., which has its principal offices at 601 S. LaSalle Street, Chicago, IL 60605 on information and belief has an interest in the Property by virtue of an assignment of rents recorded in the DeKalb County Recorder's Office as Document No. 2001002254 and a secured interest in collaterals recorded in the DeKalb County Recorder's Office as Document No. 2001009506 and is a defendant herein; ‘The National Bank 8 Trust Company of Sycamore n/k/a First Midwest Bank, which has its principal offices at 230 W. State Street, Sycamore, IL 60178 on information and belief has an interest in the Properyy by virtue of a mortgage recorded in the DeKalb County Recorder’s Office as Document Nos. 2010015112 and 2014006714 and is a defendant herein; LDR Construction Services, Inc., which has its principal offices at 4652 Stensrom Road, Rockford, IL 61109 on information and belief has an interest in the Property by virtue of a mechanic’s lien recorded in the DeKalb County Recorder’s Office as Document No. 2013014055 and is a defendant herein; Scructural Dynamics, Inc., which has its principal offices at PO Box 507, Sycamore, IL 60178 on information and belief has an interest in the Property by virtue of two liens recorded in the DeKalb County Recorder's Office as Document Nos. 2016000181 and 2016000182 and is a defendant herein; Countrywide Bank FSB n/k/a Bank of America, which has principal offices at 6465 Greenwood Plaza # 200, Centennial, CO 80111 on information and belief has an interest in the Propemy by virtue of a document recorded in the DeKalb County Recorder’s Office or as a successor in interest to a party named above and is a defendant herein;Nationstar Mortgage LLC, which has its principal offices at 8950 Cypress Waters Blvd, Coppell, TX 75019 on information and belief has an interest in the Property by virtue of a document recorded in the DeKalb County Recorder’s Office or as a successor in interest to a party named above and is a defendant herein; Harry Rice on information and belief isa previous owner of the Property who is still the subject of recorded interests in the Propery, Stanley Doty on information and belief is a previous owner of the Property who is still the subject of recorded interests in the Property; 5. The City has conducted a diligent search; other than unpaid taxes, there are no other record claims against the Property that the City is aware of. 6. _ Unknown owners and non-record claimants are those other parties who may claim some interest in the Property. 7. Collectively, such partes are referred to herein as “Defendants.” History: 8. In January 2014 a partial inspection of the premises was conducted at a time when the heat within the Property had failed, causing pipes to burst within the property and flooding a significant portion of the Property. In the course of viewing the Property, a number of hazardous and unsanitary conditions, as depicted in the photographs attached hereto as Group Exhibit A were observed. The conditions observed included apparently non-functional plumbing, significant piles of debris and/or waste, unsanitary conditions and numerous fire safety concems. Since the time of that casualty, the Property has been uninhabited and unsafe for occupancy. 9. On information and belief, following the occurrence in January of 2014, Looney undertook modifications to the Property and commenced work on the Property without obtaining valid building permits. 10. The City made contact with Looney and conducted a number of meetings at the Property with Looney to attempt to understand Looney’ plans for remediation and repair of the structure, In those meetings, the Cty observed Entire floors had been removed from rooms; = Significant areas of the imerior structure were covered in mold, mildew and various growths; + Extensive presence of asbestos and other environmental contaminants; = Areas of walls had deteriorated and failed; * Interior drainage systems had completely rusted and disintegrated so as to not function; * Excavated trenches were left open and unprotected in the basement of the Property;+ Plumbing systems were partially repaired with dissimilar building materials and without proper permits having been issued; «Extensive areas showed significant water infiltration, deterioration and instability, * Areas of the floor had completely roted through by virtue of long-term water infiltration; + Areas of the roof structure showed deterioration and rot from long-term water infiltration; + Areas of the roof and parapet wall showed significant deterioration and structural instability * Areas of the exterior brick walls showed failure of bricks, extensive efflorescence indicative of long-term water infikration, and partial or complete failure of mortar and joints between bricks; ‘Missing and absent exit lighting; = Emergency exits were chained shut or otherwise obstructed; = Elevator shafts were open and unprotected, or had bed frames shoved into open doorways in an effort to secure them, and, * Generally, the building was in hazardous and unsafe condition. 11, Thereafter, Looney discontinued any effort to work on the Property and ceased meeting with or speaking with the City. Looney also refused to permit the City to have further access to the Property. 12, The City continued to reach out to Looney and atrempt to work with him to initiate repairs or otherwise address the issues with the Property. Looney declined. 13. The City initiated discussions with National Bank and Trust, n/k/a First Midwest Bank, to attempt to ascertain whether it was possible to have that pany, as lienholder, exercise their rights under their recorded morgage to secure or repair the propery. Said party declined to exercise such rights. 14. On July 27, 2015 an Administrative Search Warrant was obtained in order to ascertain the condition of the premises. 15. The City subsequently executed its search warrant, and in the process of so doing produced the pictures attached hereto as Group Exhibit B. The results of that search ‘warrant showed that the conditions within the Property had further declined. 16. The condition of the Property has continued to deteriorate, such that the Property is contributing to the decline of surrounding properties. For example, water from the failed roof and walls on the Property are now permeating the adjacent structure and causing the deterioration of that adjacent structure. Said water infiltration is also adversely affecting the operation of the business within the adjacent building. 17. Oninformation and belief, the owner of the adjacent building contacted Looney and requested that Looney undertake repairs to the Property to stop the infiltration of water. Looney has failed to do undertake any repairs. 418, The condition of the Property has declined to a point that it is no longer possible to tolerate Looney's complete failure to maintain his property. 19. At the time of execution of the City’s search warrants, the City obtained a property appraisal (a copy of which is anached hereto as Exhibit Q, a repair estimate (a copy of which is attached hereto as Exhibit D), an environmental assessment (identifying extensive ‘mold and asbestos within the Property, a copy of which is attached hereto as Exhibit E) and photographs taken during the Summer of 2016 from the rooftop of the adjacent building showing deterioration of excerior walls (a copy of which is attached hereto as Group Exhibit 20. Based on the information produced at that time, the repair cost to remediate the Propemy is greatly in excess of the fair market value of the Property. 21. The Property has continued to decline since that time, and on information and belief, the repair cost of the Property has continued to increase and the value of the Property has continued to decline. 22. ‘The Property is dangerous and unsafe, the City has the authority to enter upon the Property and demolish the structure located thereupon, gurbage, debris and off otherwise to remediate and repair the Property. 23, The Propery presents an imminent threat to the public health, safety and welfare. 24. Section 12.03(¢)(4) of the City Code authorizes the City, pursuant to its authority under the Illinois Municipal Code to regulate nuisances and pursuant to the home rule authority of the City, to “seek a Court Order... directing that a nuisance or other similar Violation of applicable Ciry Codes and Ordinances be abated, cleaned up or otherwise remediated, and the City shall be authorized to impose a lin for the costs associated with such remediation action.” 25. Section 12.01(10) declares the following conduct to constitute a nuisance: Storage of junk. To deposit or allow to be deposited or stored junk, trash, brush and refuse on private or public propery within the Cry where such storage is not specifically authorized under the provisions of the zoning regulations of the City. Junk, trash and refuse are defined herein to include any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the aesthetics of the neighborhood, and is specifically intended to include, but not be limited to, paper wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials, old reftigerators, freezers, stoves, carpeting, roofing shingles, plumbing fixtures and piping, upholstered. furnicur, tractors, machinery of any lend, inoperable of abandoned automobiles and a motor vehicle not currently licensed by the State of Illinois or other state or country, exposed to the view of the general public and not either enclosed in 5a building or structure, or located on the sales lot of a licensed automobile dealer. 26. Within the building on the Property is a substantial amount of junk, trash and refuse which constitutes a nuisance pursuant to this section. 27. Section 12.01(21) declares the following conduct to constitute a nuisance: Cellars, sewers, and drains. To suffer or permit any cellar, vault, private drain, pool, sewer or sink upon any premises belonging to or occupied by him to become nauseous, foul, offensive or injurious to the public health. 28. The property roof accumulates water, which water is intended to be removed from the roof and deposited into storm sewers via rooftop drains. However, those drains have failed and/or are plugged by virtue of Looney’s neglect. Accordingly, the failed drains result in water leaving the Property and entering into adjacent properties through flaws in the roof and walls of the Property. ‘This occurrence creates nauseous, foul, offensive and injurious conditions that have permeated the adjacent restaurant, creating a condition that is injurious to the public health and isa nuisance which must be abated pursuant to City Code. 29. Section 12.01(26) declares the following conduct to constitute a nuisance: General. To cause, permit or maintain any other act or condition which is injurious or dangerous to public health, or which causes injury, annoyance or inconvenience to the public. 30. The condition of the Propeny is injurious and dangerous to public health. It is an aesthetic blight upon the City, and the deteriorating property condition presents a threat to public safety for those travelling upon adjacent sidewalks and roadways. This is a nuisance pursuant to Gity Code which must be abated. 31. The present condition of the Property constitutes a nuisance pursuant to City Code. ‘The propery is hazardous, unsafe, and presents a direct threat to public health and safery. 32. Pursuant to 65 ILCS 5/11-60-2 and the home rule authority of the City of DeKalb, that the City has the authority to so define and abate nuisances. 33. Pursuant to 65 ILCS 5/11-31-1(@), this Court has the authority to order the demolition, remediation and repair of the Property, if the property owner has failed to do so upon reasonable notice. 34. Pursuant to 65 ILCS 5/11-20-13, this Court has the authority to authorize the ity to enter upon the Property and remove garbage and debris, ifthe property owner has failed to do so upon reasonable notice.35. The Property fails to comply with the minimum construction standards of the City of DeKalb, as codified in the Intemational Property Maintenance Code, International Building Code, and other related codes. 36. Chapter 24, Section 24.01 of the DeKalb City Code adopts the 2003 International Building Code as the applicable building code of the City. 37. Section 25.03 of the City Code adopts the 2002 National Electrical Code as the applicable electrical code of the City. 38. Section 26.01 of the City Code adopts the Illinois Plumbing Code as the applicable plumbing code of the City. 39. Section 28.01 of the City Code adopts the 2006 Intemational Fire Code as the fire prevention code of the Gy. 40. Section 29.01 of the City Code adopts the 2003 International Mechanical Code, the 2003 International Residential Code, Mechanical, and the 2003 International Fuel Gas Code as the applicable mechanical codes of the City. 41. Section 13.01 of the City Code adopts the 2006 Intemational Property Maintenance Code (“IPMC’) as the applicable property maintenance code of the City. 42. The codes adopted by the Gity, as outlined above (collectively, “the Building Codes”), are applicable to properties located within the City and are applicable to the Property. 43, The conditions described herein and in the exhibits attached hereto constitute clear, direct violations of the Building Codes. 44, The Building Codes establish minimum standards of health and safety in the City of DeKalb, and the Property fails to comply with them, 45. While there are innumerable violations of the Building Codes, the City further alleges these specific violations: A) Repair and alteration work has been done without building permits, without building plans where required, and without compliance with the Building Codes, in violation of IPMC Section 102.5. B) The Propemy contains a structure which has been posted as uninhabitable based upon advanced deterioration of the structure and based upon damage, decay, deterioration and neglect, rendering the Property in violation of IPMC Section 108.1.1. The boiler on the Property does not have a recent inspection, in violation of state law, and is in a hazardous condition in violation of IPMC Section 108.1.2. D) The structure is unsafe, is in disepair, lacks maintenance, contains filth and contamination, and lacks ventilation, illumination, sanitary facilities and other 7E) a ~- so facilities required by the Building Codes, in violation of IPMC Section 108.1.3. ‘The exterior of the propery is decrepit, dirty and unsanitary, with openings in the brickwork and mortar, with broken windows, with failed and molded awnings, and similar unsanitary conditions that pose a threat to public safety in violation of IPMC 302.1 and 304.1. ‘The exterior of the property has rowing wood, rusted and oxidized metal, failing masonry and masonry joints, and openings that render the exterior of a surface not watertight, in violation of IPMC 304.2. ‘The structural members have deteriorated and may not be capable of supporting required loads, in violation of IPMC 304.4, “The exterior walls have openings, cracks, loose and rotting materials, and are otherwise deteriorated, in violation of IPMC 304.6. The roof and drainage are not tight, have defects, and admit rain, the downspouts are deteriorated or have rusted away, and roof water discharges in a fashion that creates a public and private nuisance in violation of IPMC 3047, The awnings have deteriorated, rowed, tom and are otherwise in disrepair in violation of IPMC 3049. windows, window frames and related areas are not in sound condition and are not weathertight, in violation of IPMC 304.13. “The interior of the facility is not structurally sound, is not in good repair, and is unsanitary in violation of IPMC 305.1 and 305.3. Interior structural members are unsound and have deteriorated in violation of IPMC 305.2. ‘Walking surfaces have not been maintained in good condition and there are holes and openings in the floor in violation of IPMC 305.4. ‘There is extensive rubbish, garbage and debris in the interior of the Property in violation of IPMC 307.1. CountI: Order For Remediation of Nuisances: 46. The City restates Paragraphs 1-45 as if fully restated herein. 47. As fully set forth herein, the conditions present at the Property constitute hazardous and unsafe conditions that are a nuisance pursuant to City Code and the Illinois Municipal Code. This Court has the authority within its equitable powers to Order the owner of the Property, Looney, to undertake immediate repairs and to remediate the Property to render it safe and in compliance with all applicable building and property maintenance codes. WHEREFORE, the City of DeKalb, an Illinois home rule Municipal Corporation, respectfully requests that this Honorable Court Enter and Order: 1 2 ‘That the allegations of this Verified Petition are true, accurate and correct; ‘That Patrick Looney, as owner of the Property, be Ordered to immediately undertake repair or remediation of the Propeny and to render it in compliance with all applicable building and property maintenance codes; and, Such other and further relief as this Court shall determine to be appropriate. 8Count II; Order for Remediation or Demolition by Owner of Record: 48. The City restates Paragraphs 1-47 as if fully restated herein. 49. Pursuant to 65 ILCS 5/11-31-1(a), the City has the authority to “demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the teritory of the municipality and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy ‘substances or materials from those buildings.” 50. Under that same section, the City has the authority to seek a Court Order “requiring the owner or owners of record to demolish, repair, or enclose the building or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the 51. The conditions described above constitute a dangerous and unsafe building, and an abandoned building, within the territory of the City, which building contains extensive hazardous, noxious or unhealthy substances and materials. 52. Looney the owner of record of the Property. 53. The City has provided Looney and all other limholders of record with not less than 15 days written notice as required by the statute, prior to the filing of this Complaint. ‘Written notice was provided in 2015, and again in 2016. 54. Under the section as cited above, “hearing upon the application to the circuit court shall be expedited by the court and shal be given precedence overall other suits.” WHEREFORE, the City of DeKalb, an Ilinois home rule Municipal Corporation, respectfully requests that this Honorable Court Enter and Order: 1. That the allegations of this Verified Petition are true, accurate and correct; 2. That Patrick Looney, as owner of the Property, be Ordered to immediately undertake demolition, repair or remediation of the Property and to render it in compliance with all applicable building and property maintenance codes; and, 3. Such other and further relief as this Court shall determine to be appropriate. Count III: Order for Demolition by City of DeKalb: 55. The City restates Paragraphs 1-54 as if fully restated herein. 56, Pursuant to 65 ILCS 5/11-31-1, the City has the authority to demolish a building pursuant to Court Order, based upon the same standards enumerated in Count II above. 57. Should Looney fail to remediate or demolish the Property, the City seeks a Court Order authorizing the same. 958. The cost to repair the Propery greatly exceeds the fair market value of the Proper. 59. Based upon the condition of the Property, “repair” would constitute substantial reconstruction of the Proper. 60. The Property s substantially beyond repair. WHEREFORE, the City of DeKalb, an Illinois home rule Municipal Corporation, respectfully requests that this Honorable Court Enter and Order: 1 2 10. 1. 12. 13. 4. ‘That the allegations of this Verified Petition are true, accurate and correct; ‘That the City be authorized to demolish the structure on the property and to remove all garbage and debris therefrom, and to remove all personal and real property therefrom; ‘That the building located upon the Property is dangerous and unsafe, and should be demolished and removed immediately, ‘That the Property should be demolished and cleared in its entirety, including the removal and backfilling of any foundations, the disconnection and termination of any utility services, the removal of any dangerous, unsafe, or unmaintained trees, or otherwise; That the City be authorized to prohibit access to the Property by the Defendants or any third parties until such time as the Property has been remediated and restored to a safe condition; That the City be authorized to dispose of all garbage, debris and detritus upon the property, in such a fashion as to minimize the cost of demolition and cleanup to the extent possible, as determined by the City, That, if the City determines such action to be necessary, that the City be authored totale actions required to prevent the spread of insects, rode or other vermin from the Property to adjoining properties; That this Court retain jurisdiction of this case, for purposes of receiving and/or foreclosing upon any liens arising from demolition; That the City be authorized to seek and obtain any required permits, utility disconnection agreements, or other similar documentations That the cost of repair of the Property is greatly in excess of the fair market value of the Property; That demolition and cleanup of the Property is warranted pursuant to 65 ILCS 5/11-31-1, er. s09., That the City has satisfied all prerequisites and conditions precedent to demolition; “That the City be authorized to ukimately foreclose upon the lien arising out of this litigation; and, Such other and further relief as this Court shall determine to be appropriate. Count IV: Injunctive Relief to Comply with Regulations 61. The City restates Paragraphs 1-60 as if fully estared herein. 1062. Pursuant to 65 ILCS 5/11-31-2, if the City determines that a structure fails to meet minimum standards of health and safety, the City may initizte an action for injunctive relief to compel compliance. 63. The City has conducted due investigation into this matter. 64, The City has given the owner of the property written and verbal notice to bring the property into compliance with applicable regulations; Looney has failed to do so. 65. _ The violations listed above are indicative of some, but not all, violations of the IPMG; nearly every section is violated in some fashion. 66. The violations of the IPMC also constitute violations of the Building Codes. 67. The Property is thus eligible for the appointment of a receiver pursuant to 65 ILCS 5/11-31-2, and for relief consistent with that section. WHEREFORE, the City of DeKalb, an Illinois home rule Municipal Corporation, respectfully requests that this Honorable Court Enter and Order: 1. That the allegations of this Verified Petition are true, accurate and correct; 2. That receiver be appointed for the building and the Property; 3. That the building located upon the Property is dangerous and unsafe, and should be remediated immediately, 4. That the Cy be authorized to prohibit access to the Property by the Defendants or any third parties until such time as the Property has been remediated and restored to a safe condition; 5. That the receiver be authorized to dispose of all garbage, debris and detritus upon the property, in such a fashion as to minimize the cost of remediation and cleanup to the extent possible; 6. That, ifthe receiver determines such action to be necessary, that the receiver be authorized to take actions required to prevent the spread of insects, rodents or other vermin from the Property to adjoining properties; 7. That the receiver be ordered to commence immediate remediation and restoration of the Property, 8. That this Court retain jurisdiction of this case, for purposes of receiving and/or foreclosing upon any liens arising from this actions 9. That the receiver be authorized to seek and obtain any required permits, utility disconnection agreements, or other similar documentations 10. That remediation and cleanup of the Property is warranted pursuant to 65 ILGS 5/11-31-2, ef. seg, 11, That the City has satisfied all prerequisites and conditions precedent to this action; 12. That the City be authorized to ulimately foreclose upon the lien arising out of this litigation; and, 13, Such other and further relief as this Court shall determine to be appropriate. ltVERIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned cenfies as aforesaid that the undersigned verily believes the same to be true. County of DeKalb State of Illinois Subscribed and swom to before me this [0h day of __ OCfo bei : 2016. Vl it OFFICAL SEAL MICHELLE L JURECZEK NOTARY PUBLIC - STATE OF LLiNois ‘My COMMISSION EXPRES 03047 Dean M. Frieders/6282902 dean( ieders.com City of DeKalb 200 S. Fourth Street, DeKalb, IL 60115 Tel: 815/748-2093 Fax: 815/748-2320 12“pe anOFRO ISUL J LLEIHOIM qt STAT UR VRATON Seaarowe