Court orders for repairs
October 15, 1989
A DeKalb County judge issued a court order Friday to the owners of the DeKalb Center, 1100 W. Lincoln Hwy., allowing two weeks for repairs of about 100 structure code violations.
The city of DeKalb petitioned for a receivership, which would appoint an independent property manager to repair the violations, for the center, due to poor living conditions.
The center houses 150 residents—70 percent are students—who have worried about possible hazardous conditions due to structure code violations.
If Joseph Navilio, co-owner of the center, does not repair the violations, court action will occur, said 6th Ward Alderman Jamie Pennington. In the past, the city has been “working on Navilio’s word,” Pennington said. A court order is now needed to get the job done. Navilio was unavailable for comment.
“The city is extremely pleased” with the outcome of the situation, said DeKalb City Attorney Ron Matekaitis. The defendants agreed to remedy 98 of the 104 violations by 4 p.m. this Friday, Matekaitis said.
If the violations are not corrected this week, “the court will take a dim view” of the center’s owners, he said. The violations to be corrected concern the safety, health and comfort of the tenants, including installation of fire alarms and removal of cockroaches, he said.
Pennington expressed doubts about the effectiveness of the court order. “In my opinion, this will be tied up in the legal systems for three or four months,” he said.
“I don’t believe there are any doubts” the owners will complete the repairs, Matekaitis said.
In the past week, 57 minor violations have been corrected, although remaining repairs are more important, he said. Forty-three violations still need repair, and four violation repairs are being discussed.
Roof and sod repairs are scheduled for completion by the end of fall, and wiring repairs are scheduled for the spring if stipulated in contracts to be discussed in the next two weeks, said Bill Nicklas, director of Building and Community Services.
The tenants should not expect much difference during the next two weeks, although whether or not they will need to pay rent “remains to be seen,” Pennington said.
The city might issue a receivership after two weeks if the conditions of the order are not followed, he said. The push by the city for a receivership will be reconsidered Friday, Matekaitis said.
The center currently is delinquent on two tax installments, and if the management does not pay the bills before a third installment is issued, the center might be bought for the price of the taxes, said Lynn Richards of NIU Students’ Legal Assistance.
The building’s current management has had delinquent bills in the past. This resulted in the center being put on the market, but the management always has bought the center back, Richards said.
The center will cost about $35,000 if the installment is not paid. The only advantage to the management is a gain of time, she said.