06-242 Resolution No. 06-242
RESOLUTION
AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION
OF JUDGMENT FOR CASE NO. 01 OV 5351 ENTITLED
CITY OF ELGIN V. CHAD LACEK
WHEREAS, Chad Lacek is the owner of the property commonly referred to as 376 Park
Street, Elgin (the "Property"); and
WHEREAS, the city obtained a default judgment in the amount of$46,800 default against
Lacek in housing court Case Number 01 OV 5351 because he had failed to maintain the Property in
compliance with the city's property maintenance code; and
WHEREAS, Lacek has corrected all the property maintenance code violations on the
Property;
WHEREAS, the marketability and economic rehabilitation of the property is not feasible
unless the city's default judgment is reduced to an amount of fines that more properly reflects the
nature of the property maintenance code violations that were existing on the Property.
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. 01 OV 5351, City of Elgin v. Chad Lacek on the condition that Chad Lacek tenders payment to
the City of Elgin in the amount of Two Thousand Dollars ($2,000).
s/Ed Schock
Ed Schock, Mayor
Presented: October 11, 2006
Adopted: October 11, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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\4 Agenda Item No. 1K
43 — City of Elgin
irmwonammanows
September 22, 2006 .
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TO: Mayor and Members of the City Council (27
ort 1
FROM: Olufemi Folarin, City Manager
Jerry Deering, Community Dev lopment Group Director
SUBJECT: 376 Park Street - Reduction in Payment of Housing Court Fine Entered by
Default Judgment
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a reduction in the payment of a housing court fine against the property
located at 376 Park Street that was imposed through a default judgment.
eink RECOMMENDATION
It is recommended that the Mayor and members of the City Council agree to accept a reduced
fine for the default judgment entered in housing court against the property located at 376 Park
Street.
BACKGROUND
Chad M. Lacek is the owner of the property located at 376 Park Street. The City filed a housing
court complaint against the property in November, 2001 for a variety of property maintenance
code violations. The property owner failed to correct the violations stated in the complaint and
also failed to appear in court for the trial. The court entered a default judgment (fine) in the
amount of$46,800 in Case Number 01 OV 5351 on October 15, 2002. The amount of the default
judgment was calculated on the basis of a minimum fine of $50 for each violation in the
complaint for each day the violation continued to exist on the property.
The property owner has since corrected all the property maintenance code violations on the
property and is seeking to have the default judgment reduced so the property can be refinanced.
The property owner does not have sufficient funds to pay the default judgment and the property
will remain unmarketable if the default judgment remains as a lien on the property. The Code
Administration staff is recommending that the default judgment be reduced to a fine in the
amount of$2,000.
•
Housing Court Fine Reduction
September 22, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
4 FINANCIAL IMPACT
The City would receive a fine payment totaling $2,000 and forego the remaining $44,800 due
from the original court judgment. The monies received would be credited to the General Fund,
Property Judgment, account number 010-0000-478.03-00 (Budget= $1,000; Actual $0).
145//1\lone.
LEGAL IMPACT
ALTERNATIVES
1. Reduce fine for the default judgment entered in housing court (No. 01 OV 5351) against
the property located at 376 Park Street to $2000 or some other acceptable amount.
2. Do not reduce fine for the default judgment entered in housing court (No. 01 OV 5351)
against the property located at 376 Park Street.
Respectfully submitted for Council consideration.
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