HomeMy WebLinkAbout99-42 Resolution No. 99-42
RESOLUTION
AUTHORIZING EXECUTION OF A CODE VIOLATION ESCROW AGREEMENT
WITH JORGE Z . RAMIREZ FOR THE PROPERTY LOCATED
AT 478 LAUREL STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Code Violation Escrow
Agreement on behalf of the City of Elgin with Jorge Z . Ramirez
for the property located at 478 Laurel Street, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 10, 1999
Adopted: February 10, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Resolution No. 99-41
RESOLUTION
AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF
JUDGMENT FOR CASE NO. 93 OV 4335, ENTITLED
CITY OF ELGIN V. TODD BERNSTEIN
(478 Laurel Street)
WHEREAS, Todd Bernstein is the owner of the property
commonly referred to as 478 Laurel Street, Elgin; and
WHEREAS, violations of the Property Maintenance Code are
currently existing on the property; and
WHEREAS, the City has obtained judgments against Todd
Bernstein in one housing court case because he failed to
maintain the property in compliance with the Property
Maintenance Code of the City of Elgin; and
WHEREAS, economic rehabilitation of the property is not
feasible unless the city' s judgment liens on the property are
reduced; and
WHEREAS, Todd Bernstein has secured a purchaser for the
property who has agreed to enter into a rehabilitation
agreement with the city to ensure the Property Maintenance Code
violations are corrected in a timely manner; and
WHEREAS, the public interest will best be served if the
Property Maintenance Code violations are corrected as quickly
as possible to eliminate the property' s blight and its
detrimental effect on surrounding properties .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Corporation Counsel William A.
Cogley be and is hereby authorized and directed to execute a
Release and Satisfaction of Judgment on behalf of the City of
Elgin for Case No. 93 OV 4335 (City of Elgin v. Todd Bernstein)
on the condition that ( 1) Todd Bernstein tenders payment to the
City of Elgin in the amount of five thousand dollars
( $5000 . 00) , and ( 2 ) the property' s purchaser, Jorge Z . Ramirez,
executes a real property rehabilitation agreement with the
City.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 10, 1999
Adopted: February 10, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
COpy
February 16 , 1999
TO: Rick Kozal, Assistant Corporation Counsel
FROM: Loni Mecum, City Clerk
SUBJECT: Code Violation Escrow Agreement Regarding 478 Laurel
A fully executed Code Violation Escrow Agreement between the
City of Elgin and Jorge Z . Ramirez regarding 478 Laurel Street
is attached.
An unexecuted Release and Satisfaction of Judgment for Case No.
93 OV 4335 entitled City of Elgin v. Todd Bernstein is also
attached together with Resolution 99-41 which authorizes Bill
Cogley to execute said release.
Please take the appropriate action regarding this matter.
CityofElgin
Code Violation Escrow Agreement
DATE: 2 February 1999
PROPERTY : 478 Laurel Street
PROMISOR: Jorge Z. Ramirez (residing at 218 Villa Street, Elgin, IL 60120)
This Code Violation Escrow Agreement ("Agreement") is made and entered into this
2"d day of February, 1999, by and between the City of Elgin (the "City") and Jorge Z. Ramirez
(the "Promisor'').
WHEREAS: Certain violations of the Elgin Property Maintenance Code (the "Code"),
fully described in Exhibit A, are existing on the property and must be corrected to bring the
property into compliance with the Code;
WHEREAS: In order to induce the City to release a Housing Court Judgment Lien on
the property notwithstanding the existing Code violations, the Promisor and the City agree to
the terms set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, and other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the Promisor and the City agree as follows:
1. ESCROW: Upon execution of this Agreement, Promisor shall deposit the sum of two
thousand five hundred dollars ($2500.00) (the "Escrow Funds") with the City of Elgin in a non-
interest bearing account. The sum deposited shall be in the form of a certified check or money
order made payable to "City of Elgin." The City shall hold and apply the Escrow Funds as set
forth in this Agreement.
2. COMPLETION OF WORK: Promisor shall be solely responsible for the Code
violations listed on Exhibit A and shall secure all necessary building permits and correct the
enumerated Code violations before 31 July 1999 (the "Completion Date"). The City of Elgin
agrees that Promisor's obligation to complete and correct items is restricted to those items
specifically listed in Exhibit A.
3. NOTICE TO CITY: After receiving written notification from the Promisor that each
of the Code violations listed on Exhibit A have been corrected, the City shall arrange for the
property to be inspected by the Property Maintenance Division Manager of the City's
Department of Code Administration and Neighborhood Affairs (the "Manager"), or his
designee. The Manager's determination as to whether the certain Code violations listed in
Exhibit A have been corrected will be the sole governing factor in the disbursement of funds
by the City.
If the Manager determines certain Code violations listed on Exhibit A have been
corrected, the Manager shall notify the City's Finance Director in the form marked as Exhibit
B ("Disbursement Authorization") that the Promisor is entitled to payment of the Escrow Funds.
If the Manager determines certain Code violation listed on Exhibit A have not been
corrected and there is remaining work to be performed, the Manager shall issue, within five
(5) business days, a written objection to the Promisor identifying the Code violations on Exhibit
A that have not been corrected, and specifying the measures that must be taken to correct the
violations.
4. RELEASE OF ESCROW FUNDS: Upon receiving notice of the corrected Code
violations in the Disbursement Authorization, the Escrow Funds shall be disbursed to the
Promisor by the Finance Director in the amount specified in the Disbursement Authorization.
The Finance Director shall disburse the specified portion of the Escrow Funds to the Promisor
not less than thirty (30) days from the Finance's Director's receipt of the Disbursement
Authorization.
5. FAILURE TO COMPLETE WORK: In the event the Promisor fails to and correct
each Code violations listed on Exhibit A before the Completion Date, the Escrow Funds shall
be retained by the City.
6. LIQUIDATED DAMAGES: The parties to this Agreement do not intend any
provision of this Agreement to be construed, interpreted, or enforced as a liquidated damages
penalty against the Promisor.
7. WAIVER BY PROMISOR: Promisor waives all rights, claims, and causes of action
for all damages, losses, expenses and costs that each, or either, or any of them may have
against the City for accepting, holding, and disbursing all or any portion of the Escrow Funds.
Promisor shall have the sole responsibility for obtaining a full and complete release from all
contractors, sub-contractors, sub-sub-contractors, laborers, materialmen, and suppliers who
furnished labor and materials for improvements on the property, or from any other parties that
may have the right to place a lien against the property. Promisor further acknowledges and
agrees that the City shall not be required to obtain, review, or pass judgment as to the legal
sufficiency of any releases, and that the City shall not be liable for any mistake of fact or error
of judgment or for any act or omission of any kind, unless caused by the City's gross
negligence, intentional misconduct, or failure to perform as specifically set forth in this
Agreement.
8. INTERPLEADER: If any dispute arises with respect to any matters involved in or
related to this Agreement, the City may, in its sole discretion, file a bill in interpleader to
2 of 4
resolve any such dispute in a court of competent jurisdiction as set forth in Paragraph 10 of this
Agreement. Upon filing the bill of interpleader, the Escrow Funds shall be deposited into the
registry of the court and held until the final determination as to which party is entitled to
receive the Escrow Funds. Upon the commencement of any such action and the deposit into
the registry of such court the Escrow Funds, the City shall be reimbursed by the Promisor for
the City's costs and reasonable attorney's fees incurred in filing the bill of interpleader.
9. GOVERNING LAW: This Agreement shall be construed pursuant to and governed
by the laws of the State of Illinois.
10. AGREEMENTS OF THE PARTIES: This Agreement constitutes the entire agreement
of the parties and any other agreements, conversations, or understandings, if not contained in
this Agreement, shall be of no force or effect.
11. ASSIGNMENT: Promisor may not assign this Agreement without the prior written
consent of all parties to this Agreement.
12. ATTORNEY'S FEES: In the event any party to this Agreement is required to retain
counsel to enforce its rights as set forth in this Agreement, the prevailing party in such dispute
shall not be entitled to payment of its reasonable attorney's fees, costs, and expenses of
litigation, with the exception of the provisions set forth in Paragraph 10 of this Agreement.
13. NOTICES: Any notices required or permitted to be given under this Agreement shall
be delivered by hand or mailed by certified or registered mail, return receipt requested, in a
postage paid envelope, and addressed as described below. Notices shall be deemed effective
only upon receipt or refusal of delivery.
DONE AND EXECUTED AT ELGIN CITY HALL, 150 Dexter Court, Elgin, Illinois, this
2"d day of February, 1999.
City of Elgin PROMISOR
By: (2' Q.4L----/ By: C y j(/117--D
3 of 4
-TFIN-11-99 09244 PM ESTHER+ZAMUDTO 047oG786b01. P. gf
ot7.-02 8 0$:49 FRd1 CDOEAOMIN 8479316790 TO: 18479 7.7573 PAGE:01
ArrACHXZWe 610 c
0,6
December 2, 1998
Owner/Qcctipent: Todd Bernstein
Violation Address % 478 Laurel St,
Case No: 98-00001251
Y ,oLAT3g1 yI$I
Pursuant to Chapter 1 .20 of the Elgin Mqrta.ci,pal Coda, failure, to
correct the violations listed here may result in the issuance of
one or more administrative citations.
ACCESSORY STRUCTURES; DETERIORATED GARAGE IS NOT
STRUCTURALLY SOUND.
All accessory structures, including detached garages, fences
and wallsf shall be maintained structurally sound and in
good repalr se required by Section PM-303 ,7 of the Code.
THE ACCESSARY STRUCTURE LISTED HERE MUST SE PROPERLY
REPAIRED, REPLACED OR REMOVED (IF ALLOWABLE) .
•
WINDOWS PRAXES ! PEELINC PA1N2'.
Every window, door and frame shall be kept in sound
condition, good repair and weathertight as required by
Section PM-304 . 14 of the Code ,
ALL DAMAGED WINDOWS AND FRAMES LISTED HERE MUST 13E
PROPERLY REPAIRED OR REPLACED.
tr IAttur_ un'ariwaov f1N 'any.TLTny tV.Pt0
4
EXHIBIT
1 A
JAN-11-99 09 :40 PM C.gTNCR-%.2AMUAIO
0476096. 01 P. 01
•
Cs. =02 3e 09t50 FROM:CODEADMIN \l.. S479316/50 TO:12479317573 P4Z 02
EXTERIOR PAINTINGt PEELING PAINT ON WINDOW FRAMES £ DOOR
8'RAME3,
All wood and metal outfaced, including but not limited to,
window fratnaE, door., door frames , corniced, porches end
trim *hall be maintained in good condition. Pealing, flak-
ing and chipped paint shall he eliminated and surfaces
repainted as required by Section PM-304 .2 of the Code.
REMOVE ALL FLARING AND PEALING PAINT FROM THE EXTERIOR
SvRFACEB LISTED MERE AND COVER WITH AM APPROVED SURFACE
COATING MATERIAL..
T
GENERAL INTERIOR:
--- -- • -• A. DETERIORATED HALLWAY FLOOR 'IN478 - - -
a, ILLEGAL STORAGE IN HALLWAY Ot 0400 (BIKES, )
COOL/ANC! DATM, MAY 5, 1958
The interior of a structure and ..qui mane therein ahall be
_ sod
can tary cond ion. Every occupant shall keep that part of
the s uctu a which ouch occupant occupiee or controls in a
h t�r r D clean and sanitary condition. Very owner of a structure
containing a rooming house, a dormitory, two or more dwell-
ing units or two or more nonresidential oecupancies, shall
maintain, in a clean and sanitary condition, the shared or
Public areas of the structure and exterior property 's*
required by Section PM-305. 1 4f the Code,
ALL AREAS OF THE DWELLING INTERIOR LISTED HERE MUST EE
PROPERLY CLEANED AND MAINTAINED IN A SANITARY CONDITION.
INTERIOR GuR$ACES t
A. DETERIORATED WALLS IN HALLWAY ( M480. )
B. CLEAN HALLWAY AND PAINT WALLS.
Ali interior surfaces, including windows and doors , shall be
maintained in goad, clean and sanitary condition. Peeling
paint, cracked or loose plaster, decayed Wood, or other
defective aurfecs conditions shall be corrected aq required
by Section 724-305 , 3
ALL DAMAGED INTERIOR SURFACES MUST RI PROPERLY REPAIRED
AND SURFACE COATED WHERE REQUIRED,
STAIRS/RXILINGS : DETERIORATED STAXR3 8478
AU. interior ataira and railings shall be maintained in
sound condition and good repair as required by Section
WM-305 ,5 of the Code.
THE DAMAGED STAIRS OR WALKING SURFACES LISTED HERE MUST BE
PROPERLY REPAIRED,
RANDRAILS/aZARDS t LOOSE HANDRAILS AT $419
DETERIORAVID 3AULSTERs AT 4478
livery handrail and quardreil shall be firmly fastened and
capable of b#a='+nq normally imposed loads and shell be
maintainbd in good condition as required by Section PM-303,1
of the Cac.•.
'II�E RANDRP,IL(S) AND/OR GUARDRAIL(S) LISTED HERE MUST BE
2 EXHIBIT
047,i006601 P. 02
2:iaN-11-99 09 :4e PM t^ST► MR+ZAMUDIO .`
N—
� 09150 FROM:CODCADMIN ~"'•
847531679e TOt 18475117'S73 P .:E-03
PROPERLY SECURED AND REPAIRED AS REQUIRED.
SMOKE DETECTORS-STAIRWAYS : MISSING BATTERY PROM HALL #478 .
COMPLX?d CZ DAIS1 MAY 51 1999
Zvery dwelling unit shall be equipped with the eppropriata
number of 4pyt.oved smoke detectors which have been properly
metalled an required by Section PM-705 , 5 of the Coda.
INSTALL APPROVED tuNCTIONAL SMOX$ DETECTORS ZN THE
LOCATIONS LISTED HERE,
•
Siriatil
•
•
3 EXHIBIT
EXHIBIT B
DISBURSEMENT AUTHORIZATION
To: James Nowicki, Finance Director, City of Elgin
From: Michael J. Millikan, Mgr., Property Maint. Div., Dept. of Code Admn. and Neighborhood Affairs
Date:
Promisor:
Property:
Disbursement No.:
The City of Elgin and Promisor each acknowledge and agree that certain Code violations appearing
on Exhibit A to the 2 February 1999 Code Violation Escrow Agreement have been corrected. The City of
Elgin and Promisor further and agree that the Promisor shall be entitled to the payment of $2500.00 from
the Escrow Funds.
MANAGER, Michael J. Millikan, Manager, Property Maintenance Division, City
of Elgin Department of Code Administration and Neighborhood Affairs
By:
PROMISOR
By:
Subscribed and Sworn to before me this . day of , 1999.
Notary Public
I
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
KANE COUNTY, ILLINOIS
General Number: 93 OV 4335
CITY OF ELGIN V S TODD BERNSTEIN
Plaintiff(s) Defendant(s)
RELEASE AND SATISFACTION OF JUDGMENT (RSOJ)
CITY OF ELGIN , the judgment creditor, by and
through William A. Cogley, Corporation Counsel , legal representative, having
received full satisfaction and payment, releases the judgment entered on May 2, 1994
19 against defendant, Todd Bernstein , for $5,000.00 , and costs.
Date:
Attorney for Plaintiff
ORDER
This matter coming on to be heard on the Court's own motion; the Court having been
presented with a signed Release and Satisfaction of Judgment; the Court having jurisdiction
in the above entitled matter:
IT IS HEREBY ORDERED that in accordance with section 12-183 (h) of the Code of Civil
Procedures, the judgment entered as above set forth is hereby vacated and held for naught.
IT IS FURTHER ORDERED that the above entitled matter be and the same is hereby
dismissed.
Enter this day of , 19 99
Judge
White Copy - File Yellow Copy - Defendant
CIRCU[ , ,'OURT FOR THE 16TH JUDICIAL ( ..,CUIT
Case Number 93 OV 4335
CITY OF ELGIN VS. TODD BERNSTEIN —
- N
LD
Ul
Plaintiff(s) — -- — Defendant(s)
Judgment Rendered Against: MEMORANDUM
Name: Todd Bernstein ~ - OF JUDGMENT
Street: 478 Laurel Street
City&State: Elgin, IL 60120
Signed
E
Judgment a Rendered ❑ Revived
Date: May 2, 1994
Amount: $ 15,400.00
SPACE FOR RECORDER'S DATE ONLY
t.C.
O
Judgment in favor of:
CO
Name: City of Elgin CD
Street: 150 Dexter Court W
City&State: Elgin, IL 60120
LC
Execution issued -
O Date: „% -*)
Cx7 ° •y �r
Co _ nn; rno
r ' :7T
(&) C� , .- O`�-'
.^ Mail receipt to c
Name: City of Elgin -'' -4
Legal Department :-, c...
Street: o
150 Dexter Court o •��
City &State: Elgin IL 60120-5555
P2-MISC-010
�,�OF FCC J 1
0 °`^ Agenda Item No.
City of Elgin
,fr iTED FF.s.
January 22 , 1999
TO: Joyce A. Parker, City Manager
•`I
FROM: Clay J. Pearson, Director, Community Relations
Organization Development P
SUBJECT: Additional background on 478 Laurel Street Owner
On next week ' s Committee of the Whole agenda is consideration
of an agreement for an outstanding judgment the City holds
against 478 Laurel Street . The City has completed several
judgment agreements over the last four years, cleaning up
imposed for
liens from a time when high daily fines were im p
property maintenance cases .
Most of the agreements have resulted in properties being
renovated under new ownership. The last agreement we ap-
proved, with Hayward Hughes, was controversial because of Mr.
Hughes drug criminal background and Mr. Hughes continued
ownership after the agreement . That arrangement provided for
only a $1, 000 fine . The City built protections into the
agreement, though, and collected $8 , 600 from Hughes because of
g g
another drug arrest at the property. Hughes ' continued
ownership and repeat drug distribution arrest have left the
substantiallyunimproved in this one case .
property P
The proposal next week deals with 478 Laurel Street owned by
Todd Bernstein. The proposed agreement collect a $5, 000 fine
and Bernstein will sell the property to a new owner. The
fine amount seems equitable as a punitive measure in light of
the nature of the violations (numerous, unsightly, and
problematic but not necessarily life-threatening) and the
long, drawn-out nature of the cases caused by Bernstein' s
care for theproperty. It is true that Bernstein
failure to
moneyout the sa
le (sale price of $150, 000
stands to clear
mortgage
and an outstandingdelinquentof $119, 000) but the
$
fact remains the City is imposing a substantial fine and the
neighborhood is getting a new owner of the property.
Bernstein, who maintains a residence on Allen Drive in Elgin,
has a history with the Police . He was arrested in January,
1998 for false personation of a peace officer when he
represented himself as a State Trooper at the Elgin
Riverboat . He was also arrested in 1991 for two counts of
disorderly conduct and two counts of assault . He has been
arrested in the past (while living outside Elgin) for driving
without a license, battery, and possession of marijuana. The
disposition of those cases ranged from fines to home
confinement to dismissal .
c : William A. Cogley
Mark Biernacki
~
,"" 4;S City of Elgin Agenda Item No.
ti
January 14 , 1999
TO: Mayor and members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Consideration of Judgment Agreement
(478 Laurel Street)
PURPOSE
The purpose of this memorandum is to provide information for
the Mayor and members of the City Council to consider a
request for a judgment agreement for 478 Laurel Street .
BACKGROUND
The property at 478 Laurel Street is a lawful nonconforming
four-unit building owned by Todd Bernstein, Elgin.
The property has not been maintained to community standards .
There have been property maintenance cases in over the last
six years for high weeds, damaged garage doors (which were
removed and are still missing) , bare electrical wires,
deteriorated kitchen, and junk and debris, including a car,
numerous exterior problems, including junk and debris,
unlicensed car, downspouts, loose handrails, overcrowding and
broken windows in 1998, for a plethora of interior and
exterior violations . The property owner was arrested and paid
a $755 bond for a May, 1998 court case . The City red-tagged
the property as uninhabitable in September, 1998 . The
property problems can be summarized as correctable issues
p Y
neglected by the owner. There are not appa
rent structural or
permanent problems.
fixing of the
The City has been active in f g some problems when
the property owner has not fulfilled their obligation. Staff
coordinated special waste hauling to remove debris and
contracted to board up the property to keep it secure . It is
the City' s aggressive action that has kept the property from
being even more of a nuisance for the neighborhood.
the property is a $15, 400
One of the penalties imposed uponp p y
judgmentApril,
entered in A ril 1993 . Mr. Bernstein, the property
owner, has expressed through counsel an intention to sell the
property for $150, 000 . According to Bernstein' s attorney,
there is a $119, 000 balance on the mortgage but the mortgage
is delinquent . Mr. Bernstein claims the only way to sell the
property is for the judgment to be eliminated or reduced. A
reduction to $5, 000 has been agreed to by Mr. Bernstein' s
attorney. All other liens, including water and board-up fees,
will be paid in full by Bernstein.
' Judgment Agreement (478 Laurel Street)
January 22 , 1999
Page 2
The potential new owner has agreed to post a $2 , 500 1
performance guarantee that the property will be code compliant
by July 31, 1999 . If the work is completed, the new owner
will get their money back. If not corrected, the City will
retain the funds. The potential new owner owns other
properties in Elgin which are being rehabilitated properly.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
A neighborhood resident involved in a previous altercation
with Bernstein was contacted for perspective on an agreement .
The resident did not express displeasure with the proposal
given that it will remove the current ownership at 478 Laurel
Street .
1,f1"i`t�'j LEGAL IMPACT
Under the terms of the proposed agreement, the City would
receive $5, 000 from the current property owner, Todd
Bernstein, in exchange for the City providing for a release of
the subject $15, 400 judgment . The City and the new property
owner would enter into a code violation escrow agreement which
would require the new owner to post a $2 , 500 performance
guarantee deposit with the City. The $2, 500 deposit would be
refunded to the new property owner upon completion of all
specified code matters by July 31, 1999 . In the event the new
owner failed to comply with the terms of the agreement, the
$2 , 500 would be retained by the City.
D4',IINANCIAL IMPACT
If an agreement is approved to satisfy the $15, 400 judgment
with Bernstein for less than its original amount, the City
would forego receiving the judgment . However, if the property
owner defaults on the mortgage, the City would be in a
secondary position to collect the judgment after the mortgage
has been satisfied.
ALTERNATIVES
Alternatives include :
1) Accept $5, 000 from Bernstein, extinguish the judgment,
and receive a performance guarantee from the new owner
who appears ready to bring the property into code
compliance and make investment back into the property.
1 The $5, 000 penalty against Bernstein appears sufficient
given the history of the property and the nature of the
violations .
2) Hold until the judgment can be fully satisfied which
potentially will mean the property remains in disrepair
and the owner, who is delinquent on the mortgage, may be
foreclosed upon.
' Judgment Agreement (478 Laurel Street)
January 22 , 1999
Page 3
RECOMMENDATION
It is recommended that the City collect a $5, 000 penalty from
the current owner, Todd Bernstein, as satisfaction of the
property maintenance judgment . It is further recommended that
an escrow agreement be developed with the new owner, Jorge Z .
Ramirez, to post a $2 , 500 performance guarantee, refundable
upon code compliance of 478 Laurel Street by July 31, 1999 .
Re ectfully sub ' ted,
Jo e . Parker
City Manager
JAN-12-99 TUE 03:41 PM EARL ROLOFF LAW FAX NO. 6308305437 P. 01
LAW OFFICE OF
EARL J. ROLOFF
1a60 LAKE STREET
HANOVER PARK, ILLINOIS 60103
(630) s30-5400
FAX (630) S30-5437
EARL J. ROLOFF
STEVEN L. NICI-IOLAS
January 12, 1999
City of Elgin
Attn: Clay Peterson
VIA FAX ONLY TO (847) 931-6075
Dear Mr. Peterson:
As you are aware, I represent Todd Bernstein, owner or the property
commonly known as 478 Laurel Street, Elgin, Illinois, 60120. As we have
discussed in our telephone conversations, my client is in the process of
selling the property and his buyer has now obtained loan approval.
Relative thereto, attached is a copy of the letter from the buyer
setting forth the buyer's willingness to take care of all code
violations as referenced on the violation report of December 2, 1998, as
well as a list of all of the other items the buyer intends on
completing. As we discussed, please review this letter and advice me of
your position relative thereto as to what may additionally be required
from the buyer in order to reduce the fine levied against my client to a
level which will allow my client to close this transaction.
Thank you for your attention to this matter.
Very trul yours,
60. 1.
Earl J Rol•ff `
EJ'R/sV
attachments
JAN-12-99 TUE 03:42 PM EARL ROLOFF LAW FAX NO, 6308305437 P. 02
SRN-11-99 09L43 PM 6STURR-ZAMUDIO 94740044n1 P. 02
Jorge Z . Ramirez O1/11/98
218 Villa St .
Elgin, IL G0120
Phone (847 ) 697-8385
Re : 478 Laurel St .
Elgin, IL 60120
I will be responsible to take care of all the repairs
in the list of violations dated December 02, 1998 from
City Of Elgin .
And additional repairs ;
* all units mus be re-carpet *
* all new vynil Floor *
* all Interior walls mus be painted *
* all new storm & screen doors and windows *
* furnace & water heater must cleaned, and
checked *
* bathrooms & Kitchens all plumbing and
fixtures must be in working conditions and
do any necessary repairs*
T will be working very close with City Inspector
to bring this property to the Elgin Housing Code .
Sincerely,
rt , Gy
JAN-12-99 TUE 03:42 PM EARL ROLOFF LAW FAX NO. 6308305437 P. 03
JAN-11-99 09144 PH ESTHER- ZAMUDIO $476086601 P. gZ
DL,:-02 k8 09:49 FROM:COOEADMIN B479316790 TO: 18479317573 PACE:01
ATTACHMENT Ce,10 _
a
December 2, 1998
Owner/Occupant: Todd Bernstein
Violation Address : 478 Laurel St,
Casf No: 98-00001251
VIOLATION LIS'
Pursuant to Chapter 1 .20 of Om Agin Municipal Coda, failure to
correct the violations listed here may result in the issuance of
one or more administrative citations .
. .
ACCESSORY STRUCTURES ; DETERIORATED GARACE IS NOT
STRUCTURALLY SOUND,
All accessory structures, including detached garages, fences
and walls f shall be maintained structurally sound and in
good rapAx.r me required by Section PM-303 ,7 of the code.
THE ACCESSORY STRUCTURE LISTED HERE MUST BE PROPERLY
REPAIRED, REPLACED OR REMOVED (IF ALLOWABLE) ,
'Y T
WINDOWS FRAMES : PEELING PAINT.
Every window, door and frame shall be kept in sound
condition, good repair and weathertight as required by
Section PM-304 , 14 of the Code .
ALL DAMAGED WINDOWS AND PRAMS LISTED HRRR MUST RE
PROPERLY REPAIRED OR REPLACED,
fortAtYwm UVAriWtOP (1N way.T.wnV pnria
JAN-12-99 TUE 03:42 PM EARL ROLOFF LAW FAX Na 6308305437 P. 04
.7A14-11-99 09 :48 PM 6sTHUR-b-7.AMUDIO 0474004401 P• O1
DLt•02 (38 29:50 PROM!CODEADMIN 8479316/92 TOt18479317573 PA( t02
EXTERIOR PAINTING! PEELING PAINT ON WINDOW FRAMES & DOOR
All wood end metal surfaced, including but not limited to,
windew framed', doors, door frames, cornices, porches and
trim shall be maintained in good condition. Pooling, flak-
ing and chipped paint shall ha eliminated and surfaces
repainted as required by Section PH-304.2 of the CO: e.
REMOVE ALL FLAKING AND PEELING PAINT FROM THE EXTERIOR
SURFACES LISTED MERE ANp COVER WITH AN APPROVED SURFACE
COAT ZNG MATERIAL,.
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GENERAL INTERIOR:
A. HALLWAY FLOOR 11N -*478• ""
i, ILLEGAL STORAGE IN HALLWAY OF 04E0 (VICES, )
COM LIANCE DATE! MAY 5, 1998
The interior of a structure and aqui ment therein shall be
rLood �! {��� atruc � � ap}�n_d an in a
fan tary con tion. Every occupant shall keep that part of
the structure which ouch occupant occupies or controls in a
clean and sanitary condition. Every Owner of a structure
containing a rooming house, a dormitory, two or more dwell-
ing unit; or tWb or more nonresidential eecupanciee, shall
maintain, it a clean and sanitary condition, the shared or
public areas of the structure and exterior property is
required by Section PM-305. 1 Of the Code.
ALL AREAS OF TKE DWEt+LING INTERIOR LISTED HERE MUST Inc
PROPERLY CLEANED AND MAINTAINED IN A SANITARY CONDITION.
INTERIOR SURFACES t
A. DETERIORATED WALLS IN HALLWAY ( #480. )
B. CLEAN HALLWAY AND PAINT WALLS.
All interior surfaces, including windows and doors, shell be
maintained in good, clean and sanitary condition. Peeling
paint, cracked or l0000 plaster, decayed wood, or other
defective aurfece conditions shall be corrected es required
by Section pot-305 , 3
ALL DAMAGED INTERIOR SURFACES MUST SE PROPERLY REPAIRED
AND SURFACE COATED WHERE REQUIRED.
STAIRS/RAILINGS! DETERIORATED STAIRS 9478
All interior ataira and railings shall be maintained in
sound condition and good repair as required by Section
PM-305 , 5 Of the Code.
THE DArAun STAIRS OR WALKING SURFACES LISTED HERE MUST NS
PROPERLY REPAIRED,
HANDRAILS/GUARDS: LOOSE HANDRAILS AT 4<78 & S40C.
DETERIORATED EAULSTERS pT 4478
Every handrail, and guardrail shall be firmly fastened and
capable of bssrinq normally imposed loads and shell- be
meintrainbd in good condition as required by Section PM-305.7
of the Coca.
THE XAI3 RXIt(S) AND/OR GUARDRAIL(S) LISTED HERE MUST BE
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JAN-12-99 TUE 03:43 PM EARL ROLOFF LAW FAX NO, 6308305437 P. 05
J.GN-11-99 v9:4e FM ESTMMR,*zat1uaza e4T5006801 Pee
— -• V B Wlic 50 FRQM:CODEADMIN ' 5479316790 TOINIV9317573 :03
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PROPERLY SECURED AND REPAIRED AS REQUIRED.
SMOKE DETECTORS-STAIRWAYS: MISSING BATTERY FROM HALL *47B.
COMPLIANCE DATE' MAY 5, 3999
Every dwelling unit tha11 be equipped with the Appropriate
number of 41-15zoved smoke detectors which have been properly
installed as required by Section PM-745.5 of the Code.
INSTALL APPROVED !FUNCTIONAL SMOKs AETECTORC IN THE
LOCATIONS LISTED )I1R
4171441
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JAN-21-99 THU 12:36 PM EARL ROLOFF LAW FAX NO, 6308305437 P. 01
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LAW OFFICE OF
EARL J. ROLOFF
1060 LAKE STREET
HANOVER PARK. ILLINOIS 60103
(630) 830-5400
FAX (630) 830.S437
EARL J. ROLOFF
STEVEN L. NICHOLAS
January 21, 1999
City Elgin
E1 in
Attn: Clay Pierson
VIA FAX ONLY TO (847) 931-6075
Dear Mr. Pierson:
As you are aware, x represent Todd Bernstein, owner of the property
commonly known as 478 Laurel Street, Elgin, Illinois. As you are also
aware, my client is currently in the process of attempting to sell said
property. You had previously received from me a letter from my client's
buyer indicating his willingness to complete the necessary repairs to
the property and bring the building up to code. As we discussed, in
relationship to the Zinc currently assessed against my client, provided
said transaction closes, my client will pay to the City of Elgin the sum
of $5,000.00, The balance of the fine will be dismissed. Additionally,
$2,500 .00 will be deposited with the City of Elgin to guarantee that the
buyer will complete the necessary repairs required by the City pursuant
to the City's inspection on December 2, 1998. This money would then be
released upon completion of said work. It is my understanding that you
will be taking this before the Village Board on January 27, 1999 and I
would ask that you advise me of their position relative thereto
immediately thereafter. Obviously, payment of the aforesaid sums can
only be made if the real estate transaction closes.
Please contact me should you require any additional information.
Very truly 'ours,
Earl J Rol ff
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EaR/By