Concrete Contamination Leads to City Lawsuit

    • Posted: May 27, 2018

    The 111 East Chestnut Condominium Insider Concrete Contamination Leads to City Lawsuit  You’ve been served!  We’ve been sued. Apparently, the thinly-veiled coverup of the concrete contamination issue here at 111 East Chestnut Condominium Association is all but over. The City is now taking us to task. They have filed a lawsuit against us. Here we juxtapose what board president Anthony Milazzo’s been saying with the City’s position. It’s a stark contrast. From a sheer investment perspective, it’s a wake-up call.

    MILAZZO: “Our building’s structural concrete is not at all in a hazardous condition. The few relatively small, isolated sections of degraded concrete in our building are not a safety concern.”

    CITY OF CHICAGO: “Judith Frydland, the Commissioner of the Department of Buildings, City of Chicago, has determined said building (at 111 East Chestnut Street) does not comply with the minimum standards of health and safety set forth in the Building Code.”

    MILAZZO: “Even though we had secured a valid permit for the scope of work originally contemplated, our contractor immediately stopped construction until an inspector was assigned to investigate. The City inspector asked several questions of our KGH architects and Golf Construction contractor regarding the expanded scope of this project, which was quickly and satisfactorily answered. Our contractor was granted permission to resume work and it was completed shortly thereafter.”

    CITY OF CHICAGO: “On 3/27/2018 and on each succeeding day thereafter and on numerous other occasions, the defendant(s) failed to comply with the Municipal Code of City of Chicago as follows:

    NC2011 – Performed or allowed work to be performed without submitting plans prepared, signed and sealed by a Licensed architect or registered structural engineer for approval and without obtaining a permit to perform the work. (13-32-010, 13-32-040, 13-40-020, 13-12-050) STRUCTURAL CONCRETE AND REBAR REPAIRS TO DECKS AND WALLS REPAIR WORK TO AMELIORATE CONCRETE CONTAMINATION;

    NC2O22 – STOP ALL WORK ON PREMISES UNTIL PLANS ARE APPROVED AND PERMIT IS OBTAINED SECTION 12-080, 13-32-035.”

    MILAZZO: “We anticipate no penalty for the act of simply complying with an investigation that was initiated by a bogus allegation.”

    CITY OF CHICAGO: “Plaintiff prays for a fine against the defendants, as provided under 13-12-020 of the Municipal Code of Chicago, in the amount indicated on the heading (i.e. $1,000/day since 3/27) of the Complaint for each day said violations have existed and/or exist, said fine computed in accordance with Section 13-12-040 of the Municipal Code of Chicago.”

    Additionally…

    “a. For a temporary and permanent injunction requiring the defendants to correct the violations alleged in the complaint and to restrain future violations permanently, pursuant to 65 ILCS 5/11-31-1 (a), 5/11-31-2 and5/11-13-15 and 13-12-070 of the Municipal Code.

    b. For the appointment of a receiver, if necessary, to correct the conditions alleged in the Complaint with the full powers of receivership including the right to issue and sell receivers certificates in accordance with Section 5/11 -31-2 of Chapter 65 of the Illinois Compiled Statutes, as amended.

    c. For an order authorizing the plaintiff to demolish, repair, enclose or clean up said premises, if necessary, and a judgment against defendants and a lien on the subject property for these costs in accordance with Section 5/11-31-1 (a} of Chapter 65 of the Illinois Compiled Statutes, as amended.

    d. lf appropriate and under the proper petition, for an order declaring the property abandoned under Section 5/11 -31-1 (d) of Chapter 65 of the Illinois Compiled Statutes as amended and for an order granting City of Chicago a judicial deed to the property if declared abandoned.

    e. If a statutory lien is obtained in this proceeding under Section 5/11-31-1 or 5/11-31-2 of Chapter 65 of the Illinois Compiled Statutes, as amended, for an order permitting foreclosure of said lien in this proceeding.”

    A preliminary hearing is scheduled for July 12 at 9:30 AM in room 1105 of the Daley Center, 55 West Washington Street, Chicago.

    WHAT IT ALL MEANS

    The key questions is: How does Mr. Milazzo’s disconnect impact YOU? Another lawsuit on our 22.1 Disclosure aside, according to the Illinois Residential Real Property Disclosure Act, prior to signing a sales contract, YOU, a seller, must tell a prospective buyer, in writing, what you know about the quality, healthfulness, and safety of your property. This includes things like unsafe conditions, municipal code violations, and material defects in specified structures, components, and systems.

    Of course, all this is NOT quite what owners were expecting with the “new marketing initiative,” the board’s been promising. Ironically, they are however getting the word out.

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    SUGGESTED FURTHER READING:  “Plus Whatever They Find” Contract Approved to Fix Cracking Concrete.

    STORY UPDATE: Lis Pendens Notice filed with the Cook County Recorder of Deeds.

    1 Comment

    1. Leona Rund Zions · May 28, 2018 Reply

      Having knowledge of the possible extent of multi-problematic structural concrete deterioration, not only in the original Unit “A” line but possibly adjoining units, why did the Board and Management foist a totally unnecessary, costly cosmetic “upgrade” for 111’s corridors. Instead of using the inordinate amount of funds expended on this wholly decorative project, these monies should have been used to cure the burden of the continuing structural deterioration compounded by decades of neglect.

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