The City of Geneva v. Patel , 2023 IL App (2d) 230123-U ( 2023 )

2023 IL App (2d) 230123-UNo. 2-23-0123
Order filed December 19, 2023
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent
except in the limited circumstances allowed under Rule 23(e)(1).
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE CITY OF GENEVA, ) Appeal from the Circuit Court
) of Kane County.
)
Plaintiff and Counter- )
defendant-Appellee, )
)
v. ) No. 20-MR-241
)
PRAVIN PATEL and )
KOKILA PATEL, )
)
Defendants and Counter- )
plaintiffs-Appellants )
)
(Chicago Title Land Trust Company, )
Successor Trustee to the First National )
Bank of Geneva, as Trustee U/T/A )
May 26, 1987, Defendant-Appellant; ) Honorable
Eric Nelson, Building Commissioner for the ) Divya K. Sarang,
City of Geneva, Counterdefendant). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE JORGENSEN delivered the judgment of the court.
Presiding Justice McLaren and Justice Birkett concurred in the judgment.
ORDER
¶1 Held: Trial court’s summary judgment order affirmed.
2023 IL App (2d) 230123-U¶2 Defendants, Pravin and Kokila Patel, individually and as beneficiaries of Chicago Title
Land Trust Co, as Trustee U/T/A May 26, 1987, appeal the trial court’s orders granting summary
judgment to plaintiff, the City of Geneva (City), on its amended complaint, entering against
defendants a judgment in the amount of $34,725, and issuing a permanent injunction. For the
following reasons, we affirm.
¶3 I. BACKGROUND
¶4 A. Administrative Hearing Process
¶5 On October 26, 2016, James M. Forni, the City’s code enforcement officer, sent defendants
a “stop work order” regarding permit number 42782 and construction occurring at their residential
property. Forni explained that the work being performed exceeded what had been approved by
the permit. Further, Forni explained that, according to the City Code of Geneva (“City Code”),
before certain work is performed, building code requirements must be satisfied and a permit
obtained and, thus, defendants were required to cease construction and, by November 1, 2016,
submit a permit application for all work accomplished and any work to be performed.
¶6 Around one year after the “stop work order” letter, on September 18, 2017, Forni sent
defendants another letter, entitled “Final Notice.” He wrote that, while defendants had met with
Eric Nelson, the City’s building commissioner, and had been informed that new plans and
drawings were required before their project could advance, those amended plans had not yet been
received. Therefore, defendants were to immediately cease all work on the property and, by
September 29, 2017, submit a completed building permit application, or the City would be forced
to issue a summons for defendants to appear before the hearing officer for local adjudication. The
letter also stated, “Should the City prevail in its case, fines of up to $750.00 per day may be
assessed.” Forni closed by noting that, considering the amount of time that had elapsed since
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2023 IL App (2d) 230123-Udefendants were first notified of these issues, the City needed to seek final resolution “in this
potentially dangerous scenario.”
¶7 On January 22, 2018, Forni sent defendants another letter, this time noting that, although
new plans had been approved, required inspections had not yet been completed. Again, he advised
defendants to cease any work on the property and to arrange for inspection by February 1, 2018,
reminding them of the possibility for local adjudication and fines to resolve the “potentially
dangerous scenario.”
¶8 On April 19, 2018, a “Building Code & Nuisance Adjudication” regarding defendants’
“failure to comply with building permit as approved” was held by the City’s “Code Hearing
Division.” The template order form signed by the hearing officer was entitled “Certification of
Findings, Decisions & Order” and identified the violation with reference to section 10-1-7(a)(7)
of the City Code. 1 Defendants were present for the hearing. 2 Forni was listed as the
“representative of municipality.” The typewritten form also provided, “THIS CERTIFIES that on
19 April 2018, the Hearing Officer for the CITY OF GENEVA ADMINISTRATIVE
ADJUDICATION SYSTEM duly entered a Finding, Decision and Order in this case as follows”
1
That section provides that, when a building structure or part or appurtenance thereof is
completed in accordance with the building code, the building commissioner shall conduct a final
inspection. Further, no such building, structure, or appurtenance shall be occupied or used until a
certificate of occupancy has been issued by the building commissioner as provided for by the
building code. City Code of Geneva, § 10-1-7(a)(7) (eff. Sept. 21, 2009).
2
Only Pravin Patel is listed as the respondent on the order form, but, for simplicity, we refer
to defendants collectively.
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2023 IL App (2d) 230123-U(emphasis in original), then listed the finding of fact as “Compliance/Prehearing” and the
compliance date as May 17, 2018, at 7 p.m. In a section for additional orders, a handwritten note
read: “[Defendants] must comply with reinspection requirements & permits for second floor.
[Defendants] may need to re-open closed work for inspection.” The next day, Forni sent
defendants a follow-up letter, enclosing a copy of the certificate of findings from the hearing,
noting that the matter was continued to May, and that, at that time, defendants would have the
opportunity to outline what has been done toward bringing the property into compliance regarding
“certain remodel/addition projects.”
¶9 The May 17, 2018, certification order reflects that the matter was continued. However,
defendants were then present for a June 21 hearing. The certification order from that date lists a
$100 court cost imposed, a compliance date of July 19, 2018, and the handwritten portion of the
order provides, “property remains in violation. [Defendants] explain[] the delay is due to a virus.
[Defendants] must show significant progress by next date. $75 /day fine to begin next date.” On
June 21, 2018, Forni also sent defendants another letter enclosing the order and specifying the next
hearing date.
¶ 10 The July 19, 2018, order, however, noted that defendants failed to appear and that the
matter was continued to August 16, 2018, with the handwritten order noting, “per day fine
continues/commence 07/20/18.” Forni sent defendants a letter enclosing the certificate of findings,
noting that a fine of $75 per day was imposed, that it was entered after the last hearing they had
attended (in June), as well as noting the next hearing date.
¶ 11 The order from August 16, 2018, noted in a typed section that defendants had requested a
continuance until September 20, 2018, for complete compliance. Accordingly, that date was listed
as the next compliance date. Forni’s follow-up letter, dated August 21, 2018, noted, “as was stated
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2023 IL App (2d) 230123-Uduring the 06/21/2018 hearing date with you in attendance, this case now carries a $75.00 per day
fine. These fines will continue to accrue until the [C]ity department having jurisdiction has
approved all required inspections for all outstanding permits/projects at that same address.”
¶ 12 The final order in the record, dated January 17, 2019, listed a fine amount of $100 per week
“until cured,” as well as a $75 court cost. The order noted that defendants did not appear and listed
a compliance date of February 21, 2019. Forni’s letter to defendants, dated January 19, 2019,
included the order, also noted that the matter had been continued to February 21, 2019, and
contained the same language as his earlier letter, noting that fines would accrue until the
inspections were completed and approved (but listed the fine as $75 daily, not the $100 weekly). 3
¶ 13 Defendants never sought administrative or other review of any of the hearing officer’s
orders. Further, other than the certification orders described above, the record on appeal does not
include the record that was before the administrative hearing officer.
¶ 14 B. Trial Court
¶ 15 On February 18, 2020, approximately 13 months after the last order was issued by the
hearing officer, the City filed with the trial court a verified complaint for equitable and other relief.
¶ 16 Later, on October 7, 2021, the City filed a verified, three-count amended complaint
(although the City later dismissed count III), summarizing the background and events before the
hearing officer and attaching the orders described above. In count I, the City explained that,
pursuant to section 11-31.1-11.1(a) of the Illinois Municipal Code,
3
Discovery documents later filed in the case reflect that letters, emails, and other
correspondence were exchanged between the City and defendants after February 21, 2019, but it
is not clear whether a February 21, 2019, administrative hearing took place.
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2023 IL App (2d) 230123-U“Any fine, other sanction or costs imposed, or part of any fine, other sanction or
costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust judicial
review procedures under the Administrative Review Law shall be a debt due and owing
the municipality and, as such, may be collected in accordance with applicable law.” 65
ILCS 5/11-31.1-11.1(a) (West 2020).
¶ 17 The City alleged that the administrative hearing officer had issued findings, decisions, and
orders in accordance with the City Code and Division 31.1 of the Illinois Municipal Code, which
addresses building code violations, and that the period to seek judicial review under the
Administrative Review Law had expired. Accordingly, the City alleged that, as entered against
defendants by the hearing officer, it was entitled to judgment in the amount of $75 per day
(commencing July 20, 2018), and $100 per week (commencing January 17, 2019) through the
present. In sum, the City requested that the court enter judgment in its favor and against defendants
in the amount of $27,225, plus costs.
¶ 18 In count II, the City relied on section 11-31.1-11.1(b)(2) of the Illinois Municipal Code (65
ILCS 5/11-31.1-11.1(b)(2) (West 2020)), which provides “the court may also issue such other
orders and injunctions as are requested by the municipality to enforce the order of the hearing
officer to correct a code violation.” Id. The City alleged that the fine was inadequate to secure
abatement of defendants’ Illinois Municipal Code violations, and that it was necessary that a
temporary and permanent injunction issue, requiring defendants to correct the violations and to
restrain future violations permanently, and, if necessary, that a receiver be appointed to bring
defendants’ property into compliance with the City Code. It added that Forni had determined that
the property did not comply with the minimum standards of health and safety set forth by the City
Code.
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2023 IL App (2d) 230123-U¶ 19 Defendants answered and counterclaimed. In their answer, in part, they argued that the
hearing officer’s orders did not comply with the Illinois Municipal Code because they set forth no
actual “findings of fact,” were not reviewable, since they were not entered in compliance with the
Illinois Municipal Code, and, so, the time for reviewing those orders never began. Further, they
argued that the City had not followed any of the procedures required by section 11-31.1-11.1(b)
of the Illinois Municipal Code which, in part, required a certified copy of the findings, decision,
and order, accompanied by a certification that recites fact sufficient to show that the administrative
officer’s findings, decision, and order were issued in accordance with the applicable code and
municipal ordinance. Therefore, defendants argued, the City’s attempt to enforce the hearing
officer’s orders was invalid. In addition, defendants listed permits they had obtained, dates that
inspections allegedly occurred, and noted that Forni had never been inside their property. In their
counterclaims, defendants asserted that their property did not meet the definition of a dangerous
building under the City Code; that the City exceeded its powers granted by the constitution and
filed suit without due notice to defendants of the alleged violations; that the City’s “taking” did
not include just compensation; and that, without authorization, the City and Nelson failed to issue
defendants a permit to install a solar power system on their roof.
¶ 20 The litigation before the trial court lasted roughly three years. There were numerous
pleadings and motions, relatively extensive discovery, and the trial court’s efforts to encourage a
settlement between the parties, identify all items at the home that needed to be fixed, and to have
inspections of defendants’ property completed, failed. At one point, defendants issued a subpoena
for the hearing officer’s records, and the court granted the City’s motion to quash that subpoena.
Ultimately, the parties filed cross-motions for summary judgment. Specifically, the City moved
for summary judgment on its complaint and on defendants’ counterclaims, submitting affidavits
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2023 IL App (2d) 230123-Ufrom Nelson and Forni in support. Defendants also moved for summary judgment on the City’s
complaint.
¶ 21 On February 2, 2023, the court granted the City’s summary judgment motion on
defendants’ counterclaims. It denied defendants’ summary judgment motion. At the hearing on
the motion, the trial judge noted that she had spent more than one year discussing the issues with
defendants and their counsel, and “I just don’t know why it doesn’t get done. I just don’t
understand.” She explained that she would reserve ruling on the City’s summary judgment motion
with respect to its complaint for a few more weeks in order to provide defendants “one last
opportunity” to comply with the inspections and “give you enough time to get this done. I wish
that you would. I wish they would stop wasting their money on litigation and live peacefully.”
¶ 22 On March 16, 2023, the court granted the City’s summary judgment motion on its
complaint. At the hearing, the court asked if there had been any discussions between the parties,
and it learned that, while an inspection had occurred, according to the City, it was essentially a
preliminary inspection, as there remained items that defendants did not agree to complete, and,
“There are significant plumbing and electrical items that are public safety items that
remain open. And importantly, because the defendant[s] [have] completed a project
without a permit, i.e., the second-story addition, we need an as-built from a licensed
professional, which was part of your order way back in early 2021 and remains open.”
¶ 23 Defendants’ counsel asked the court if it would “indulge” defendant Pravin, who was
present. The court replied,
“[Counsel] if there’s anybody who’s indulged the defendant in this case, it’s—I
can’t even speak to that. I mean, we’ve been doing this for so long, and it is very
disappointing to see that given so many opportunities to comply with the Court—you all
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2023 IL App (2d) 230123-Uhave to comply with the law, not only the defendant but the Court. The Court is obligated
to comply with the law and has to make a decision, and [I] think the time has run out, so
we’re going to do that today. There’s no more time.”
With respect to count I, the court entered judgment against defendants in the amount of $34,725.
On count II, the court entered a permanent injunction, requiring defendants to correct all building
code violations and enjoining them from future violations. The court reserved the issue of
appointing a receiver, pending a proper application by the City. Defendants appeal.
¶ 24 II. ANALYSIS
¶ 25 A. Rule 341 Violations
¶ 26 We address first the City’s arguments that defendants’ brief is rife with Illinois Supreme
Court Rule 341 (eff. Oct. 1, 2020) violations, their arguments are “indecipherable,” foisting the
burden of argument and research on this court, and, thus, that we should find forfeited their
arguments. Specifically, the City asserts that defendants’ brief fails to: (1) cite the pertinent statute
(Rule 341(h)(5)); (2) provide sufficient relevant facts to understand the case (Rule 341(h)(6)); and
(3) support arguments with pertinent authority and appropriate record citations (Rule 341(h)(7)).
¶ 27 Compliance with Rule 341 is mandatory. McCann v. Dart, 2015 IL App (1st) 141291,
¶ 12. “This court may, in its discretion, strike a brief and dismiss an appeal based on the failure to
comply with the applicable rules of appellate procedure.” Id. We choose not to find forfeited all
of defendants’ claims. However, to the extent defendants’ brief contains Rule 341(h) violations
and those violations foist the burden of argument and research onto this court, we will note as
much and find the specific argument forfeited. Id. at 297. Indeed, Rule 341(h)(7)’s requirement
that the appellant present reasoned argument and citation to legal authority and to specific portions
of the record in support of his or her claim of error is “especially important because, when
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2023 IL App (2d) 230123-Ureviewing a case, the appellate court starts with the presumption that the circuit court’s ruling was
in conformity with the law and the facts.” McCann, 2015 IL App (1st) 141291 at ¶ 30.
¶ 28 B. Summary Judgment
¶ 29 Defendants argue first that the court erred by entering summary judgment on the City’s
amended complaint because the orders entered by the hearing officer did not comply with sections
1-2.2-45 and 1-2.2-5.5(b) of the Illinois Municipal Code (65 ILCS 5/1-2.2-45, 1-2.2-5.5(b) (West
2020)), both in the assessment of fines and because the orders did not reflect the hearing officer’s
findings, decision, and order. Defendants argue that the hearing officer’s orders do not tell them
what findings of fact were made to support a determination that any violations existed. They argue
that because, on their face, the hearing officer’s orders did not contain findings of fact, the trial
court should have either remanded them to the hearing officer or declared them void and
unenforceable. In addition, defendants argue that the Illinois Municipal Code provides that the
municipality shall not present its case through an employee of the code hearing department but,
here, Forni presented the case as the City’s code compliance officer. Finally, defendants argue
that plain error occurred, because there was no evidence that they committed any City Code
violations after January 17, 2019 (i.e., when proofs closed before the hearing officer), and,
therefore, the court’s February 6, and March 16, 2023, orders, imposing fines beyond that date are
in error, where the court had no evidence to support the amount of the accrued fines awarded. In
sum, defendants argue that no certification exists that recites facts that would have allowed the
court to satisfy itself that the orders issued by the hearing officer complied with the Illinois
Municipal Code. According to defendants, the hearing officer’s orders are void and unenforceable,
in turn rendering the trial court’s February 6, and March 16, 2023, orders also void and
unenforceable. We disagree.
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2023 IL App (2d) 230123-U¶ 30 Summary judgment may be granted when “the pleadings, depositions, and admissions on
file, together with the affidavits, if any, show that there is no genuine issue as to any material fact
and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c)
(West 2020). “Issues of statutory interpretation and summary judgment rulings are reviewed de
novo.” Hooker v. Retirement Board of Firemen’s Annuity & Benefit Fund of Chicago, 2013 IL
114811, ¶ 15.
¶ 31 Preliminarily, we note that, while sections 1-2.2-45 and 1-2.2-5.5(b) of the Illinois
Municipal Code, upon which defendants rely, outline requirements for administrative hearings and
findings, the City correctly points out that Division 2.2 of the Illinois Municipal Code does not
apply to building code violations and, in fact, exempts building code proceedings from its
coverage. Specifically, section 1-2.2-5 provides in its definition of “Code” that, as used in Division
2.2 of the Illinois Municipal Code, the word “Code” means any municipal ordinance except for, in
part, building code violations that must be adjudicated pursuant to “Division 31.1 of Article 11 of
this Act.” 65 ILCS 5/1-2.2-5 (West 2020). Here, the City pursued building code violations and
its amended complaint specified that its claims were brought pursuant to Division 31.1 of the
Illinois Municipal Code.
¶ 32 Moreover, we conclude that the trial court did not err in granting the City summary
judgment pursuant to section 11-31.1-11.1(b) of the Illinois Municipal Code. We note that the
first part of that section provides,
“After expiration of the period within which judicial review under the
Administrative Review Law may be sought for a final determination of the code violation,
the municipality may commence a proceeding in the circuit court of the county where the
municipality is located for purposes of obtaining a judgment on the finding, decision and
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2023 IL App (2d) 230123-Uorder. Nothing in this Section shall prevent a municipality from consolidating multiple
findings, decisions and orders against a person in such a proceeding. Upon commencement
of the action, the municipality shall file a certified copy of the findings, decision and order,
which shall be accompanied by a certification that recites facts sufficient to show that the
findings, decision and order was issued in accordance with this Division and the applicable
municipal ordinance.” (Emphases added.) Id. § 11-31.1-11.1(b).
¶ 33 Here, defendants argue that the court erred because the orders issued by the hearing officer
did not contain adequate findings, rendering them void. We acknowledge that the administrative
orders did not include detailed factual findings. However, each order issued by the administrative
hearing officer was entitled “Certification of Findings, Decisions & Order.” Each order explained,
“THIS CERTIFIES that on [the relevant hearing date], the Hearing Officer for the CITY OF
GENEVA ADMINISTRATIVE ADJUDICATION SYSTEM duly entered a Finding, Decision
and Order in this case as follows” (emphasis in original), and then listed the alleged violation,
compliance dates; some orders included additional handwritten findings and orders. There is no
dispute that defendants were notified of the hearings, appeared, and had the opportunity to present
evidence, witnesses, and to obtain counsel. 4 Indeed, we note that some correspondence between
4
The City’s website describes the adjudication process:
“A local adjudication hearing is held once a month before an administrative hearing
officer. During the adjudication hearing, the code enforcement officer will provide
evidence and testimony to support the written notice of violation. The property owner will
also be given the opportunity to provide evidence and testimony to support his/her defense.
All parties have the right to be represented by legal counsel, to call witnesses, to cross
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2023 IL App (2d) 230123-Udefendants and the City, preceding the 2019 hearing order, copied defendants’ counsel. Thus,
although the administrative orders were somewhat perfunctory, they nevertheless reflect that the
hearing officer did, in fact, make findings, as evidenced by the handwritten notes, continuances,
and/or fines and costs imposed. Further, defendants argue that the City did not comply with other
prerequisites contained in section 11-31.1-11.1(b). However, while the City apparently did not
prepare a separate “certification,” reciting facts to show that the findings were issued in accordance
with Division 31.1 and the applicable ordinance, the amended complaint recited the facts that
preceded and included the administrative hearings, attached the “certification of findings, decision
and orders,” and the complaint was verified by Nelson, the City’s building commissioner.
¶ 34 With respect to defendants’ contentions that the hearing officer’s orders are deficient, we
also note that we are not reviewing those orders; in other words, we are not conducting an
administrative review. Rather, we are reviewing the trial court’s decision to grant the City
summary judgment under section 11-31.1-11.1 of the Illinois Municipal Code. In fact, while
examine opposing witnesses, and to request the issuance of subpoenas by the hearing
officer to direct the attendance and testimony of relevant witnesses and the production of
relevant documents.
The administrative hearing officer is given the authority to issue a written
determination, based on the evidence presented at the hearing, of whether a code violation
exists. The City will continue to work with individuals during this process in order to bring
a code violation into compliance. However, individuals found liable through the
adjudication process may be fined and/or ordered to comply with the City Code.”
https://www.geneva.il.us/141/Code-Enforcement (last visited Nov. 1, 2023).
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2023 IL App (2d) 230123-Udefendants could have sought administrative review of the hearing officer’s orders, they did not
do so. Specifically, the Illinois Municipal Code provides that the hearing officer’s findings “shall
be subject to review in the circuit court of the county where the municipality is located, and the
provisions of the Administrative Review Law *** and the rules adopted pursuant thereto are
adopted and shall apply to and govern every action of the judicial review of the final findings,
decision and order of a hearing officer under this Division.” 65 ILCS 5/11-31.1-11 (West 2020).
Thus, to the extent that defendants believed that the hearing officer’s orders lacked support or
required findings, they failed to timely seek review within 35 days of receipt of the challenged
order. See 735 ILCS 5/3-103 (West 2020) (“Every action to review a final administrative decision
shall be commenced by the filing of a complaint and the issuance of summons within 35 days from
the date that a copy of the decision sought to be reviewed was served upon the party affected by
the decision[.]”).
¶ 35 Finally, we also disagree with defendants’ argument that, if the orders are defective, they
are void, such that they may be challenged at any time and without need for administrative review.
Rather, we agree with the City that, even if the hearing officer’s orders failed to satisfy the Illinois
Municipal Code’s requirements, that failure would render them voidable, not void. See, e.g.,
Newkirk v. Bigard, 109 Ill. 2d 28, 36, 39 (1985) (an agency order may be void if the agency lacked
jurisdiction over the parties or the subject matter, or if it lacked the inherent power to make or
enter the particular order involved; however, where an agency order has not followed the exact
letter of a statutory provision, it is merely voidable and subject to attack only through the applicable
administrative and judicial review proceedings). Here, defendants argue that the hearing officer’s
orders did not comply with the Illinois Municipal Code’s requirements for findings of fact. This
failure, if true, would not render them void, but, rather, voidable, and defendants did not, through
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2023 IL App (2d) 230123-Uany timely review, challenge them as such. Moreover, although defendants note that the orders
reference that they were being entered in accordance with section 1-2.1-8 of the Illinois Municipal
Code, which does not apply to non-home-rule municipalities (such as the City), those template
orders continued that they were also entered pursuant to “other applicable law and the City Code”
and, thus, this argument is unpersuasive.
¶ 36 As such, long after the expiration of the period for defendants to seek administrative view,
indeed 13 months after the last order issued, the City filed what was, essentially, an enforcement
action to collect the judgment. Again, despite defendants’ assertions to the contrary, the court here
was not conducting an administrative review proceeding and, therefore, did not make its own
findings that defendants violated specific City Code provisions. Rather, the statute provides,
“if the court is satisfied that the findings, decision and order were entered in accordance
with the requirements of this Division [i.e., Division 31.1 of the Illinois Municipal Code]
and the applicable municipal ordinance, and that the property owner had an opportunity
for a hearing under this Division and for judicial review as provided in this Division: (1)
the court shall render judgment in favor of the municipality and against the property owner
for the amount indicated in the findings, decision and order, plus costs. Such judgment
shall have the same effect and may be enforced in the same manner as other judgments for
the recovery of money; and (2) the court may also issue such other orders and injunctions
as are requested by the municipality to enforce the order of the hearing officer to correct a
code violation.” (Emphases added.) 65 ILCS 5/11-31.1-11.1(b) (West 2020).
Here, by entering summary judgment in the City’s favor, the trial court signified that it was
satisfied that defendants received notice of the alleged violations, were given the opportunity to
appear and to participate in hearings, received sufficient time to cure the alleged violations, and
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2023 IL App (2d) 230123-Uthat the hearing officer’s orders were properly entered in accordance with Illinois Municipal Code
requirements. Indeed, approximately seven years passed between the City’s initial letter to
defendants in 2016 and the trial court’s 2023 judgment. The record reflects that, in that period,
there was significant correspondence between the parties pertaining to defendants’ failure to
schedule and/or pass inspections to obtain permits, and it is clear from its comments before ruling
that the trial court was well aware of the nature of the allegations and defendants’ opportunities to
cure the alleged violations. We also note that, by filing cross-motions for summary judgment,
defendants agreed that only questions of law, not questions of fact, remained. Martin v. Keeley &
Sons, Inc., 2012 IL 113270, ¶ 25. As such, based purely on the record, which supported the court’s
basis for finding satisfied the statute’s provisions, it properly determined that section 11-31.1-
11.1(b)(1) required it to enter judgment in the City’s favor and in accordance with the hearing
officer’s order.
¶ 37 Defendants next challenge as plain error the $34,725 judgment amount, asserting that no
fines should have been assessed after the closing of proofs before the hearing officer on January
17, 2019. We disagree.
¶ 38 First, with few exceptions not applicable here, plain error is generally not a concept applied
in a civil action. See, e.g., Wilbourn v. Cavalenes, 398 Ill. App. 3d 837, 856 (2010) (as civil trials
do not implicate the sixth amendment, application of the plain-error doctrine in civil cases is
exceedingly rare and applies only where a prejudicial error is so egregious that it deprived a party
of a fair trial and impaired the integrity of the judicial process).
¶ 39 Second, defendants do not offer an amount they would deem proper and in keeping with
the hearing officer’s orders; they offer no alternative calculations or explanations of what portion
of the court’s judgment should be reduced. Although they argue that the orders did not state a total
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2023 IL App (2d) 230123-Uamount of a penalty and, thus, the trial court had no statutory authority under section 11-31.1-11.1
to calculate a fine, we disagree. The penalty was one that accrued daily and/or weekly and,
therefore, the hearing officer could not have entered a total amount when it issued its decision.
Moreover, where section 11-31.1-11.1 gives the trial court authority to render judgment for the
City in the amount indicated in the administrative “findings, decision and order, plus costs,” that
authority inherently includes the ability to calculate the appropriate amount in the manner ordered
by the hearing officer.
¶ 40 Third, we find inapplicable or distinguishable the cases that defendants cite as authority for
their argument that the court could not impose a fine for future violations. For example,
Wilmington Savings Fund Society v. Barrera, 2020 IL App (2d) 190883, ¶ 19, concerned whether
res judicata barred subsequent causes of action each time an installment payment was in default.
The issue of res judicata is not relevant here. Next, in County of Kendall v. Rosenwinkel, 353 Ill.
App. 3d 529 (2004), this court held that a trial court was not authorized to impose a fine of $500
per week, ongoing even after trial, for the defendants’ failure to comply with a zoning ordinance;
although each week that the ordinance violation remained uncorrected constituted a separate
offense and the court was entitled to fine tenants $500 per week up to the date that trial proofs
closed, violation of the ordinance after the close of trial had not been proven. Id. at 548-50. We
think Rosenwinkel is distinguishable. Here, although the judgment against defendants included
fines for continuing violations even after the hearing officer issued the January 2019 order:
defendants did not seek administrative review of the hearing officer’s finding that they were, in
fact, in violation; the record before the trial court evidenced that they remained in violation; the
parties filed cross-motions for summary judgment, establishing that there existed no material
questions of fact; and the trial court was, thus, in accordance with section 11-31.1-11.1(b)(1),
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2023 IL App (2d) 230123-Urequired to impose the fine as determined by the hearing officer. In total, the record sufficed to
support that defendants remained in violation of permitting and inspection requirements, after the
January 2019 order and up to the date the trial court entered summary judgment. Notably, the trial
court’s judgment did not state that fines would continue to accrue after summary judgment.
Rather, it entered a set judgment amount.
¶ 41 In sum, we cannot find that the court erred in entering summary judgment in the amount
requested by the City, in accordance with the weekly and daily accruing fines ordered by the
hearing officer.5
¶ 42 C. Permanent Injunction
5
We note that defendants argue that section 1-2.2-30 of the Illinois Municipal Code (65
ILCS 5/1-2.2-30 (West 2020)) precludes a municipality from presenting its case by an employee
from the code hearing department or for the municipality’s code compliance officer to be the sole
arbiter as to the existence of the building code violation and, thus, that Forni’s participation here
violated the Illinois Municipal Code and rendered the orders void. Again, defendants rely on
Division 2.2 for this argument, which is inapplicable here. Also, Forni presented the City’s case,
but a different hearing officer issued the decisions. Moreover, as noted above, a failure to follow
procedure would render the orders voidable, not void. See Newkirk, 109 Ill. 2d at 39. Finally, to
the extent that defendants raise other, miscellaneous arguments (such as unclear arguments about
the City being a non-home rule municipality), they are undeveloped, violate Rule 341(h) because
we cannot clearly assess defendants’ claim of error, and, thus, we find them forfeited. See Velocity
Investments v. Alston, 397 Ill. App. 3d 296, 297 (2010).
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2023 IL App (2d) 230123-U¶ 43 Next, defendants argue that the court erroneously entered a permanent injunction, because
it failed to balance the equities and relative hardship to the parties. Defendants, relying on
Rosenwinkel, 353 Ill. App. 3d at 539, note that, even where the traditional elements necessary to
secure a permanent injunction are (like here) supplanted by a statute expressly authorizing a
governmental agency to seek injunctive relief, a court should still consider the balance of equities.
They note that, although the City’s complaint alleged that Forni had determined defendants’
residence did not meet the minimum standards of health and safety, Forni testified in his deposition
that he never made that determination. Further, defendants argue that the injunction is not specific
and fails to describe in reasonable detail the acts to be restrained; rather, it broadly orders them to
not violate the building code.
¶ 44 “[I]t is well established that where, as here, the government is expressly authorized by
statute to seek injunctive relief, the three traditional equitable elements necessary to obtain an
injunction *** need not be satisfied.” Id. The reason for this “is based upon the presumption that
public harm occurs when a statute is violated.” Id. In such cases, the governmental agency needs
to demonstrate only that: (1) a statute was violated; and (2) the statute specifically allows injunctive
relief. Id.
¶ 45 Here, as noted above, section 11-31.1-11.1(b)(2) provides that the court “may also issue
such other orders and injunctions as are requested by the municipality to enforce the order of the
hearing officer to correct a code violation.” 65 ILCS 5/11-31.1-11.1(b)(2) (West 2020).
Accordingly, the statute expressly authorized the City to seek injunctive relief, and the court was
permitted to enter an injunction. While Rosenwinkel provides that, unless the violation of a zoning
ordinance is intentional, a court “should” still balance the equities (Rosenwinkel, 353 Ill. App. 3d
at 539-40), the State is correct that Rosenwinkel relied on Midland Enterprises, Inc. v. City of
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2023 IL App (2d) 230123-UElmhurst, 226 Ill. App. 3d 494, 504 (1993), where, in contrast, the court held that a trial court erred
by refusing a municipality a statutory injunction and applying equitable principles. Nevertheless,
even if we consider Rosenwinkel’s provision that, unless the violation is intentional, a court
“should” still balance the equities, the record reflects that the court could have reasonably
determined that defendants’ actions in failing to comply with necessary permits and inspections
was, at this point, intentional, such that no balancing of equities was necessary. Further, even if
the court were to balance equities, we see nothing particularly burdensome or “inequitable” about
an order directing defendants to stop violating the building code when, even if broad, it is, in fact,
essentially the position in which all other citizens of the City find themselves. Moreover, it is
reasonable to presume the scope of the court’s injunction springs from the record before it, and
includes those items referenced at the hearing, immediately prior to the order’s entry, that required
completion and related to an order the court had entered in January 2021.
¶ 46 Finally, defendants have raised disconnected arguments that, although the City pleaded
that Forni had determined that defendants’ residence did not meet the minimum standards of health
and safety, Forni testified in his deposition that he never made that determination. We are not
convinced that this alleged discrepancy is of any import to the judgment. Moreover, while Forni
may not have personally inspected the home to make such a determination, all of the City’s
building code requirements establish the minimum standards of health and safety. See City Code
of Geneva, § 10-1-4(b) (eff. Sept. 21, 2009) (“Minimum Requirements: The rules and regulations
contained in this title set forth requirements which are considered reasonable and are held in every
instance to be the minimum for the promotion of public health, safety and general welfare.”). Thus,
to the extent that defendants were found in violation of City Code requirements, their residence
did not meet the minimum standards of health and safety.
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2023 IL App (2d) 230123-U¶ 47 III. CONCLUSION
¶ 48 For the reasons stated, we affirm the judgment of the circuit court of Kane County.
¶ 49 Affirmed.
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