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IN THE CIRCUIT COURT OF COOK COUNTY,

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MUNICIPAL DEPARTMENT- FIRST DISTR~eory

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CITY OF CHICAGO,

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munici al cor oration

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Plaintiff,

v.

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1950 NORTH,INC; MB FINANCIAL

BANK,N.A.;PEAK PROPERTIES;S & L RESTAUARANT,INC.DB/A THE NEW D'VINE;CERVANTE FLOYD-NICKS;and UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, Defendants.

No.

Re:

14 M1 4/b~~~~;TO~ ~j

-'D~y~~G~ h'T

1950-52 W. North Ave.

Chicago,IL GOC22

I'IN:

14-31-424-04C-0000

Amount Claimed:$53,.500(+)

NOTICE OF FILING

TO: See Attached Service List.

PLEASE TAKE NOTE THAT ON ~~vEJ~~'E~.S,

Circuit Court ofCook County,Daley Center,50 W. Washington,Chicago,Illinois,PlaintiffCity

ofChicago's FIRST AMENDED COMPLAINT FOR EQUITABLE AND OTHER RELIEF. A copy is attached and served upon you.

I filed with the Clerk ofthe

~-.~~~

Lindsay Z. Bak r Assistant Corporation Counsel

Atty.No.90909

30 North LaSalle,Room 700

Chicago,Illinois60602

(312)742-0466

CERTIFICATE OF SERVICE I, Lindsay Baker, an attorney, certify that I caused a copy of the above Notice of Filing

and attached Plaintiff City of Chicago's First Amended Complaint to be served upon the indicated party and at the above address by mailing a copy to said parties at the above-named

address and de ositing the same in the U.S. mail at 30 N. LaSalle,

Chicago, Illinois,on or before

Fj~~~ 01~I~pjF~-Gj.

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with proper postage prepaid.

Lindsay Baker

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS

MUNICIPAL DEPARTMENT -FIRST DISTRICT

SERVICE LIST

Property:1950-52 W.North

1950 North,Inc. C/O Anthony Campanale

155 N Michigan Ave.,Ste.515

Chicago,IL 60601

MB Financial Bank,N.A. c/o Molly Wiltshire

233 S. Wacker Dr.,Suite 6600

Chicago,IL 60606

Peak Properties C/O MichaelZucker

2201 W.Roscoe St.

Chicago,IL 60618

S & L Restaurant,Inc. DB/A The New D'Vine

C/O Derek Alan Gifford

2750 Commons Dr.,Unit206

Glenview,IL 60026

Cervante Floyd-Nicks

4911 S. La Crosse Ave.

Chicago,IL 60638

Cervante Floyd-Nicks

c/oDan Rubinow

203 N.LaSalle St.,Suite2100

Chicago,IL 60601

Derek Gifford 2750 Commons Dr.,Unit206 Glenview,IL 60026

UNKNOWN OWNERS ANll NON-RECORD

CLAIMANTS

/~~ IN THE CIRCUIT COURT OF COOK COUNTY,ILLIN~ MUNICIPAL DEPARTMENT- FIRST

`f~'~

'~A~ "`

DISTRI~~dRCi ~`S FfJ ~`

CITY OF CHICAGO,

a municipal corporation, Plaintiff,

v.

)

No.

)

)

Re:

2

141V`YI~F R~ ~~ ~~',Q~ 2• 1 `~;S~T~~~r 1950-52 W.1~ '~t~~A~e. Chicago,IL 60622

1950 NORTH,INC; MB FINANCIAL

BANK,N.A.;PEAK PROPERTIES;S

& RESTAUARANT,INC.DB/A

L

THE NEW D'VINE; CERVANTE FLOYD-NICKS; and UNKNOWN

OWNERS AND NON-RECORD CLAIMANTS, Defendants.

PIN: 14-31-424-046-0000

Amount Claimed: X53,500(+)

FIRST AMENDED COMPLAINT FOR EQUITABLE AND OTHER RELIEF

Plaintiff City of Chicago ("City"), by its attorney, Corporation Patton,complains ofDefendants as follows:

Counsel Stephen

GENERAL ALLEGATIONS

Nature ofthe Case

1. The City brings this action pursuant

to its police power as a home rule unit under

Article VII of the Illinois Constitution, which includes "the power to regulate for

the protection of the public health, safety, morals and welfare." Ill. Const. art.

City brings this action pursuant

seq.(2004), as amended,

ILCS 5/11-13-15

(2005), the Illinois Municipal

Municipal Code ("Code"). By bringing this action, the City seeks to abate the dangerous and unsafe conditions at the property in question and obtain equitable

relief,civil penalties,attorney'sfees and costs.

VII,par.6(a). As a further grant ofauthority,the

to the Unsafe Property Statute,65 ILLS 5/11-31-1(a) et

the Injunction Statute for Building and Zoning Violations, 65

Code, 65 ILCS 5/11-31-2 (2004), and Chicago

The Parties and the Property

at Issue

2. The City is a municipal corporation organized and existing under the laws of the State ofIllinois.

3. There is a property commonly known as 1950-52 W. North Ave. Chicago, Illinois("SubjectProperty"),with a propertyindex number 14-31-424-046-0000 and a legal description as follows:

LOTS 38,39,40 AND 41 TAKEN AS A TRACT,EXCEPT THE WEST 52.23 FEET OF SAID TRACT 1N

BLOCK 36 IN

RANDOLPH SMITH'S SUBDIVISION OF

SHEFFIELD'S ADDITION TO CHICAGO,A SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION

31,TOWNSHIP 40 NORTH,RANGE 14,EAST OF

COOK

IN

MERIDIAN,

THIRD PRINCIPAL

THE

COUNTY,ILLINOIS.

is a four story commercial building of masonry

4. Located on the Subject Property construction("SubjectProperty").

to this complaint, the Defendants owned, managed,

5. At all times relevant

controlled, collected rents from, contributed to the ongoing violations at, and/or

More specifically:

interest in the Subject Property.

had a legal or equitable

A. 1950 NORTH,INC., as Record Owner, has an ownership interest in the SubjectProperty;

as the Mortgage Holder, has an

B. MB FINANCIAL BANK,N.A.,

equitable interest in the Subject Property;

C. PEAK PROPERTIES,as the Taxpayer and Chancery Receiver,has an equitable interest in the Subject Property;

D. S & L RESTAUARANT,INC. DB/A THE NEW D'VINE,as the Licensee, has an interest in the Subject Property;

E. CERVANTE FLOYD-NICKS,as the manager with control over The

in the Subject Property;

New D'Vine, has an interest

interest in the Subject

F. DEREK GIFFORD, as leaseholder, has an Property;

arethe UNKNOWN OWNERS and NON

G. All remaining defendants

RECORD CLAIMANTS ofthe SubjectProperty.

COUNT I:

CRIMINAL ACTIVITY- CIVIL PENALTIES

and

The City re-alleges paragraphs 1-5 ofthe General Allegations,above,

6.

reincorporates those allegations herein as paragraph 6 ofCount and further

I

alleges:

Houses of

to the Drug and Gang Houses,

The City brings this action pursuant

7.

Prostitution and Other Disorderly Houses Ordinance, Section 8-4-090 of the City ofChicago Municipal Code("The Drug and Gang House Ordinance").

[C]ity may bring

8. Generally, the Drug and Gang House Ordinance provides,"the

2

an action to abate a public nuisance

described by this section in a court of

competent jurisdiction or the buildings hearings division of the department of

administration hearings."(emphasis added) Municipal Code of Chicago Section

8-4-090(d)(2008).

9. Specifically, the Drug and Gang House Ordinance defines "public nuisance" as

illegal gambling, illegal possession or

delivery of or trafficking in controlled substances, or any other activity that

offense or petty offense under

"any premises used for prostitution,

constitutes a felony, misdemeanor, business

federal, state or municipal law

provided that the property is used for more than

by

one such offense within any six month period, or the offense is punishable

imprisonment for one year or more. Municipal Code of Chicago Section 8-4-090

(a)(2008).

10. Furthermore, [aJny person who owns, manages, or controls such premises and who encourages or permits illegal activity to occur or continue shall be subject to a fine. Municipal Code ofChicago Section 8-4-090(b)(2008).

11. The Drug and Gang House

Ordinance also states that the fine to be imposed for

encouraging or permitting illegal activity:

shall not be less than $3,000

defined as a Class X felony by the Criminal Code

and not more than $6,000 for any offense

of 1961, 720 ILCS 5

("Criminal Code");

not less than $1,500 and not more than $3,000 far any offense

Class 1 felony by the Criminal

defined as a

Code;

not less than $700 and not more than $1,400

for any offense defined as a

Class 2 felony by the Criminal Code; not less than $500 and not more than $1,000 Class 3 felony by the Criminal Code; not less than $300 and not more than $1,000

Class4 felony by the Criminal

and not less than $200 and not more than $1,000

otherwise specified. Each day that a violation of this section continues is a separate and distinct

for any offense defined as a

for any offense defined as a

for all offenses not

Code;

offense.

Municipal Code ofChicago Section 8-4-090(c)(2008).

12. During thetime thatnefendantowned and/or controlledthe SubjectProperty,

they encouraged or permitted criminal activity on or about the Subject Property.

13. According to reports created and maintained

by the Chicago Police Department,

the following activity constituting

petty offense under federal, state or municipal law,

Property. Specifically:

a felony, misdemeanor, business offense or

occurred at the Subject

3

A. On or about September

25, 2014, manager of The New D'Vine,

CERVANTE FLOYD-NICKS, was cited for the offense of failure to

illuminate directional signs, in violation of Chicago Municipal Code

Section 13-160-730 at the Subject Property. While conducting a licensed

premises check at the Subject Property,

observed

thatthe emergency exitsign above the front entrance was notilluminated,

Chicago Police Officers

with the wiring in the lower battery panel

exposed and no battery present.

Officers also later observed that the emergency

the stairs in the kitchen was not illuminated.

exit sign at the bottom of

B. On or about September

25, 2014, manager of The New D'Vine,

CERVANTE FLOYD-NICKS, was cited for the offense of prohibited

obstructions in any exitway that hamper travel and evacuation,in

violation

of Chicago Municipal Code Section 13-160-070

While conducting a licensed premises check at the Subject Property, Chicago Police Officers observed that the area in front ofthe rear exit was

and the path obstructed by a large floor fan, a

mop and bucket,and a large plastic garbage can.

at the Subject Property.

covered by dark curtains

C. On or about September

25, 2014, manager of The New D'Vine,

CERVANTE FLOYD-NICKS, was cited for the offense of failure to

possess a food handling and sanitation

certificate, in violation of Chicago

While

Municipal Code Section 7-38-012 at the Subject Property.

conducting a licensed premises check at the Subject Property, Chicago

Police Officers entered the basement kitchen and observed food being

prepaxed by a man who identified

to produce a food handling and sanitation

himself as the on-duty cook, but failed

certificate.

of The New D'Vine, CERVANTE

D. FLOYD-NICKS, was cited for the offense of failure to cooperate with

On or about May 22, 2014, manager

police,in violation of Chicago Municipal Code Section 4-60-141(b)

Subject Property. While responding

at the

to a call alleging an underage patron

inside the Subject Property, Chicago Police Officers asked FLOYD-

NICKS whether there were any patrons under 21 years old, to which

FLOYD-NICKS responded no. A follow-up investigation

many of the patrons inside the Subject Property years old.

revealed that

that night were under 21

E. On or about February 14, 2014, manager of the New D'Vine, CERVANTE FLOYD-NICKS, was cited for the offense of over

occupancy of public rooms, in violation of Chicago Municipal Code

a premises

check following a large fight in front of the Subject Property, Chicago

Police Officers conducted a head count of 125 persons present. occupancy of92.

count inside the premises, resulting in a A license check revealed a maximum

Section 13-36-020 at the Subject Property. While conducting

D

F. On or about February 14, 2014, manager of the New D'Vine, CERVANTE FLOYD-NICKS, was cited for the offense of failure to

cooperate with police, in violation of Chicago Municipal Code Section 4-

While conducting a premises check

following a large fight in front of the Subject Property, Chicago Police

Officers asked FLOYD-NICKS whether he notified 911 about the fight outside the Subject Property,to which FLOYD-NICKS responded that the promoter made a call. A later check revealed that no such call was made from the SubjectProperty.

60-141(b) at the Subject Property.

G. On or about November 24,

2013, manager of The New D'Vine,

CERVANTE FLOYD-NICKS, was cited for the offense of over occupancy of public rooms, in violation of Chicago Municipal Code

a licensed

premises check at the Subject Property,

the Subject Property congested

an

employee holding a counting device, which counted 247 patrons within the Subject Property,despite being told by management that the maximum occupancy was 225. In fact, a fire inspector counted 267 patrons in the

Subject Property that night, and a license check revealed a maximum occupancy of92.

Section 13-36-020 at the Subject Property. While conducting

Chicago Police Officers observed

for

with patrons, making it difficult

Officers to advance further than 5 feet within. Officers then questioned

H. On or about January 1, 2009, an unknown offender

3.05, aClass Xfelony, at the Subject Property.

committed the

criminal offense of aggravated battery, in violation of 720 ILCS 5.0/12-

At approximately 1:30AM responded to a call of a and discovered that the

unknown offender had struck his victim over his head with bottle.

on January 1, 2009, Chicago Police Officers battery in progress at the Subject Property,

a

I. On or about June 5, 2008, HIRAM HARRIS,

a convicted felon,

committed the criminal offense of attempted first degree murder, in violation of 720 ILCS-5.0/8-4(C)(1), a Class X felony, at the Subject

Property. At approximately 2:10 AM on June 5, 2008, Chicago Police

Officers responded to a report of a man having been struck with a knife at

the Subject Property. A protective pat-down with blood on it.

of HARRIS revealed a knife

WHEREFORE,the City respectfullyrequeststhatthisHonorable

Court:

A. Find that Defendants violated § 8-4-090 ofthe Code in that the Defendants encouraged or permitted illegal activity at the Subject Property;

B. Fine Defendants the maximum amount for each instance of criminal

activity at the property, pursuant to §8-4-090(c)ofthe

E

Municipal Code of

Chicago;and

C. Grant any other reliefthatthis Court deems appropriate.

COUNT II:

CRIMINAL ACTIVITY- ABATEMENT MEASURES

14. The City re-alleges paragraphs 1-13 ofthis Complaint, above and reincorporates those allegations herein as paragraph 14 of Count II and further alleges:

15. The Subject Property is a public nuisance,as Municipal Code ofChicago;and,

defined by §8-4-090 ofthe

16. That the levying of fine is an inadequate

a

remedy to secure the abatement ofthe

aforestated municipalcode violationsand the public nuisance,whichthey

constitute.

WHEREFORE,the City respectfullyrequeststhatthis

Court:

A. Find that the Subject Property is a public nuisance, 8-4-090 ofthe Municipal Code ofChicago;

as defined by Section

B. Order Defendant to take action to abate the criminal activity now

but not limited, to the

occurring at the Subject Property, including, following:

1. Vacate and secure the premises;

2. Evict all residents or guests who have been involved in illegal

from the

activity at the subject property and bar them permanently subjectproperty;

3. Install and maintain additional

security measures,including but not

locks, to

ensure that non-residents are not able to use the property for illicit

purposes;

limited to, erecting fencing with gate and heavy-duty

4. Install lighting above every entrance to the property and on each corner of the building to deter drug and/or gang activity from occurring on the SubjectProperty;

5. Install security cameras to monitor the exterior of the Subject Property;

6. Hire licensed and bonded uniformed security guards to patrol the SubjectProperty;

D

7.

Post signs forbidding loitering in and around the Subject Property

and enforce this rule by calling police, signing complaints, and

attending court;and,

8. Any other relief that this Court deems necessary

criminal activity occurring

on the SubjectProperty.

to abate the

COUNT III:

BUILDING CODE VIOLATIONS-CIVIL

RELIEF

17. The City re-alleges paragraphs 1-5 ofthe General Allegations,above,and reincorporates those allegations herein as paragraph 17 of Count III and further alleges.

18. All buildings in the City of Chicago must meet the minimum requirements

electrical,plumbing,heating and ventilation and general buildingrequirements.

for

Municipal Code ofChicago,§

13-196-010(2008)("Every existing building shall

in force and applicable to such building

").

comply with the code requirements

19. An owner of,or any person

in management or control of,any building or

premises that is found to be in violation ofthe

provision of this code shall be

liable for any violation

Chicago,§13-12-020(2008).

therein,existing or occurring. Municipal Code of

20. Any violation of,or resistance

to or interference with the enforcement of,any of

which no other penalty

day such violationshallcontinue shallconstitute

the provisions ofthis Code enumerated in §13-12-010,to

provision is applicable shall be punished by a fine of not less than $200.00 and

not more than $500.00,and each

a

imposed. Municipal Code ofChicago,§13-12-040(2008).

separate and distinct offence for which fine as herein provided shall be

a

21. The Defendants as the owners and or managers failed to comply with the

Municipal Code ofthe City ofChicago regarding:

A. Specifically,on February 26,2014,and on each succeeding day thereafter,the Defendants as the owners and/or managers failed to:

001052

1. Separate each occupancy in a building of mixed occupancy with

construction,providing properfireresistiverating

vertically,from any adjoining occupancy. Submit plans to and obtain

horizontally and

permitfrom the Department ofBuildings before

specifically, minimum

of1

starting work,

hour separation between 1stfloor Club D'Vine

13-56-250, 13-32-040, and

to vacant 2ndftoor, pursuant to §§13-56-280,

13-200-130 ofthe Code;

7

001248

2. Failure to discontinue the practice of blocking, wedging, propping, or

basement kitchen ofClub

tying fire doors in an open position,specifically,

to §§15-8-180 and 15-8-230

D'Vine and rear stairs tofirstfloor,pursuant ofthe Code;

001246

devices on doors,specifically

3. Failure to repair and maintain self-closing

basement kitchen ofClub D'Vine in rear stairs tofirstfloor, pursuant to

§§13-8-180,13-84-80,13-84-120,13-84-370,13-108-080,13-96-290,15-

13-196-

8-160,15-8-180,15-8-230,15-8-240,15-8-170,13-160-400,and

170 ofthe Code;

001412

and

ways that may hamper travel

4. Remove all obstruction from exit

evacuation,specificallyfront basement exitfrom kitchen ofClub D'vine is

door to corridor,

room with shelving obstructing

a locked liquor storage

pursuant to §§13-160-70, 15-4-880, 15-4-890,and 15-4-900 ofthe Code;

001870

the inside

that they can be easily opened from

5. Keep all exit doors so

without the use ofa key or any special knowledge,specificallyfront

basement exitfrom kitchen ofClub D'vine is a locked liquor storage room

to §§15-4-870, 13-

with shelving obstructing door to corridor,pursuant 160-260,and 2-36-280 ofthe Code;

001492

system. Submit three sets of

6. Failure to extend the present exit lighting

Fire Prevention for approval before starting work,

plans to the Bureau of

specificallyforfront basement exit.ofClub D'vine basement, pursuant to

§§13-160-710, 13-160-740, 14-12-270, 14-48-010,and 13-196-090 ofthe Code;

001269

finish and/or trim with

7. Failure to provide interior wall and/or ceiling

materials having the proper spread rating for the occupancy as required in

certification

this section ofthe Municipal Code,specificallyprovideflame

booth ofClub D'vine,

for curtain and drapes and materialcoveringDJ pursuant to §§15-8-420, 1~5-8-400,and 15-8-430

ofthe Code;

001426

modifications to the exit doors)so that when in an open

8. Make necessary

a public way,specificallyrear exitdoor

position they willnotprojectinto

andgroundfloor exitsfor Club D'vine

opens into alleyfor upperfloor

and Blu Fin,pursuant to §13-160-250 ofthe Code;

001767

9. Abate nuisance that may be perilous to life

or property,specifically

remove ice buildup in rear alley behind Club D'vine, and replace broken

glass window on 2ndfloor west above Blu Fin

090 ofthe Code;

1952,pursuant to §15-4-

001000

10. You are hereby requested as the owner,agent,lessee,or

occupant ofthese

premises to make an appointment with

an inspector ofthe fire prevention

bureau for the purposes ofinspecting

270 and 13-12-100 ofthe Code.

these premises,pursuant to §§2-36-

B. Specifically,on July 25,2014,and on each succeeding day thereafter,the Defendants as the owners and/or managers failed to:

EL0084

11. Provide interior inspection to verify the location and condition ofelectrical

meters and panels,pursuant to §18-27-110.3 ofthe Code.

C. Specifically,on August 29,2014,and on each succeeding day thereafter,the

Defendants as the owners and/or managers failed to:

CN073014

12. Failed to maintain exterior door in sound condition and

repair,specifically

north doors with broken window pane,in

and(e), 13-196-641 ofthe Code;

violation of§§13-196-550(d)

CN194039

13. Remove graffiti from north door/window,pursuant to §7-28-065 ofthe Code.

D. Specifically, on October 20, 2014, and on each succeeding day thereafter, the Defendants as the owners and/or managers failed to:

EL0005

14. Replace defective distribution equipment,

specifically provide a proper

live parts and wires-

type cover for the open panel with exposed

DANGEROUS AND HAZARDOUS

CONDITION, pursuant to §§18-27-

384.13, 18-27-384.15, 18-27-384.16, 18-27-384.17 ofthe Code;

EL0009

15. Provide at least 3 ft of clear space axound electrical service and

distribution

equipment, specifically provide proper clearance for the

electrical panel obstructed by the refrigeration

§18-27-110.26 ofthe Code;

compressor,

pursuant to

EL0016

16. Install additional receptacle outlets,

spectfacally add receptacles to ease

extension cord use throughout the bar,

firstfloor, ceiling, DJ booth,

basement, and storage room areas,

570.10(e)ofthe Code;

pursuant to §§18-27-560.6, 18-27-

EL0017

17. Provide ground continuity for electrical cable, raceway, and enclosure,

specifically provide ground continuity for the bare wires to the second

has

floor rear exterior HVAC unit, and the basement mechanical room conduit run apart at fitting with bare wires, DANGEROUS

AND

HAZARDOUS

CONDITION, pursuant to §§18-27-300.10,

18-27-300.13

ofthe Code;

EL0018

18. Replace broken, inoperable, or painted over receptacle or switch,

specifically replace allpainted and defective receptacles throughout the

first floor, bar, and ceiling

areas, pursuant to §§18-27-200.1,

18-27-

200.10(b)ofthe Code;

EL0019

19. Replace defective light fixture,

specifically replace all defective lights

bar and thefirstfloor

throughout the basement area under thefirstfloor

DJ booth,

pursuant to §§18-27-410.22, 18-27-410.23, 18-27-410.24, 18-

27-240.27, 18-27-410.36, 18-27-410.37, 18-27-410.38, 18-27-410.39 of

the Code;

EL0020

20. Support loose light fixture,

with proper rated boxes,

specifically properly support all ceilingfans

pursuant to §§18-27-410.15, 18-27-415.16 ofthe

Code;

EL0030

21. Remove defective armored cable,

armored cable throughout the basement

specifically remove all defective

areas,pursuant to §§18-27-110.2,

18-27-110.3, 18-27-333.2, 18-27-333.3 ofthe Code;

EL0033

22. Strap and secure raceway and armored

cable,specificallyproperlysupport basement areas, walk in cooler

refrigeration compressor, and boxes, conduits and lightfixtures need to be

supportedproperly,

all conduit boxes throughout all

pursuant to §18-27-110.12 ofthe Code;

EL0023

box,

specifically provide proper type

23. coverfor the open junction box in the basement kitchen area and liquor

Install cover on outlet or junction

10

storage room area receptacle,pursuant

EL0084

to §18-27-370.25 of the Code;

24. Provide GFCI protection for all bar countertop areas, pursuant to §18-27-

210.8 ofthe Code;

EL0085

25. Remove all abandoned low voltage wiring throughout

the first floor bar

area and basement area, pursuant to §18-27-110.12(E)ofthe

Code;

EL0086

26. Provide rough inspection

for installation of electrical conduit, boxes,

wiring, and electrical equipment installed throughout the basement and

first floor areas, pursuant to §13-12-380 ofthe

Code;

EL0091

27. Obtain permitfor electrical wiring

and equipmentinstalled withoutpermit,

specifically obtain an electrical permit and contractor to correct violations andfor installation ofelectrical conduit, boxes, wiring devices,

and electricalequipmentinstalledthroughoutthe basementandfirstfloor

bar

areas,pursuant to §13-12-360 ofthe Code;

CNOl5072

28. Failed to remove any encumbrance

or stock in any exitway or that in any

way interferes with operation of fire door or fire escape,

width behind the counter is restricted

of§§15-4-880, 15-4-900 ofthe Code;

specifically the

violation

to twenty inches in area,in

CN103015

29. Failed to maintain floor free from holes and wide cracks and free from

loose, warped, protruding or rotting floor boards,

floor tiles behind the counter,

specifically the broken

in violation of §§13-196-540(a) and (b) of

the Code;

NC3042

30. Failed to provide and maintain uninterrupted

means of egress to outside

exit at grade level,

specifically the 8 inch step at the rear doors,

violation of §§13-

DANGEROIISAND HAZARDOUS CONDITION, in

160-070, 13-J60-100, 13-196-080 ofthe Code;

CN073044

31. Failed to maintain exterior door hardware in good condition

and repair,

specifically the rear exit door is missing closers and has no panic

hardware,in

violation of§§13-196-550(d), 13-196-641 ofthe Code;

11

CN106015

32. Failed to maintain interior stairway system in safe condition

and sound

repair, specifically the stairs leading to the basement have uneven risers,

spongy threads, insufficient headroom

hand rail is detachingfrom the wall-DANGEROUS

CONDITION,in violation of§13-196-570

of

71 and 66

/3 4

inches, and the

AND HAZARDOUS

ofthe Code;

CN105015

33. Repair or replace defective door, specifically

the door height to thefront

storage is only 76 inches and the door height to the hot water tank room is

only 70 inches,pursuant to §13-196-550 ofthe Code;

CN134016

34. Rid premises of rodents and seal rodent holes,specificallyfillthe holes

the floor to prevent rodents and rid the premises of

in

rodents in the

basement, pursuant to §§13-196-530 D, 13-196-540 A, 13-196-630 C of

the Code;

CN138106

35. Remove and stop nuisance, specifically

remove the 2x6from under the

unit in the cooler and provide proper support, pursuant

to §7-28-060 of

the Code;

CN103025

36. Submit plans prepared, signed, and sealed by a licensed architect or registered structural engineer for approval and obtain permit,specifically

obtain a structural engineer's reportfor thefloor joist in the rear ofthe

building as observedfrom the basement area, the rear joist is not sitting on a main support due to a support beam not being in docket at the correct position, and the joist cut out in the hot water tank room in the

basement-DANGEROUS AND HAZARDOUS CONDITION, pursuant to

§13-196-030 ofthe Code;

CN061004

37. Perform repairs necessary

to restore and maintain building in sound

engineering report prepared, signed, or registered structural engineer,

condition as specified in structural

and sealed by licensed architect

specifically perform necessary repairs according to the structural

engineer's reportfnr restoringjoists

and the main support beam, and

obtain a permit,pursuant to §13-196-030 ofthe Code;

PL157027

38. Repair or replace defective waste pipe,specifically

thefirstfloor ice bins-

pipe,

remove poly tubing used as a waste line and repipe with metallic

pursuant to §18-29-102.3 ofthe Code;

12

PL152017

39. Provide trap for plumbing fixture,specificallyprovide

an open site waste

for the ice bans in both units,pursuant

to §18-29-1002 ofthe Code;

PL157017

40. Provide trap for plumbing

fixture,specificallyremove thePVC wastepipe

in the 3 compartment bar sink and repipe with metallic pipe, pursuant to

§18-29-1002 ofthe Code;

PL152017

41. Provide trap for plumbing

fixture,specificallyprovide an open site waste

for the 3 compartment bar sink's waste, pursuant to §18-29-1002 of the

Code;

PL157027

42. Repair or replace defective waste pipe,specifically remove

the corrugated

plastic tubingfor the hand sink and repipe with metallicpiping,pursuant

to §18-29-102.3 ofthe Code;

PL234018

43. Install vent pipe for trap,specificallyprovide a properly ventedP trapfor

the hand sink,pursuant to §§18-29-901.2 thru 18-29-901.2.1 ofthe Code;

PL 237020

44. Provide proper materialfor watersupply pipe,specificallyremove

thepoly

tubingfor the carbonator's water supply under the ice bin &behind the

bar, and repipe with approved Code;

materials, pursuant to §18-29-605 of the

PL237004

45. Provide indirect connection for water supply, specifically

install a non-

testable, stainless steel, double check on the water supply to the

carbonator, pursuant to §§18-29-602,

18-29-608 ofthe Code;

PL163127

46. Provide non-absorbent open-front seats for public or employee toilet,

specifically remove the roundfront toilet seats with closed seats and install elongated bowls with open front seats in both the men's and

women restrooms, pursuant to 18-29-420.3

's

§

of the Code;

PL152017

47. Provide trap for plumbing fixture,specifically

the men's and women's restrooms, pursuant

install afloor drain in both

to §18-29-1002 ofthe Code;

PL152047

48. Replace defective trap, specifically

replace allPVC lavatory traps

with

13

brass

traps,pursuant to §18-29-1002 ofthe Code;

PL237020

49. Provide proper materialfor water supply

pipe,specificallyreplace theflex

supplies to the lavatory and toilet water supplies with copper supplies in

the men's and women's restrooms,pursuant

to §18-29-605 ofthe Code;

PL234032

50. Install trap and/or waste and vent pipes,

specifically remove the S trap in

the men's lavatory and replace with a P trap,

pursuant to §§18-29-906.1

thru 906.2,18-29-1002.1 ofthe Code;

PL151137

51. Repipe the hot and cold water lines in the men's lavatory with

on the left side and cold water ofthe Code;

hot water

on the right side, pursuant to §18-29-607.4

PL153037

52. Repair or replace defective flush

tank,specifically replace the missing lid

to the toilet tank in the women's

restroom, pursuant

to §§18-29-102.3, 18-

29-420.1 ofthe Code;

PL152017

53. Provide trap for plumbing

fixture,specificallyfor the basement hand sink

by the ice maker-thefixture drain pipe before the trap has a tee installed

and is being used as an open site waste for the ice maker,

drain, and

cooler condensation lanes. The lavatory must have itsown ventedtrapand

the condensate &ice maker lines must be piped to an open site vented

waste,pursuant to §18-29-1002 ofthe Code;

PL151137

54. The ice maker drain, which is currently

pumped to the lavatory drain, must

go to an open site waste by gravity, pursuant

to §18-29-712.1 ofthe Code;

PL151137

55. Remove the dishwasher's waste from the grease trap and repipe the waste to a drain, pursuant to §18-29-1002 ofthe Code;

PL164027

56. Provide approved grease interceptor

or catch basin for kitchen waste,

specifically the three compartment grease trap in the basement is

improperly piped and is too small,

pursuant to § 18-29-1003 of the Code;

PL161027

57. Seal open drain from removal of

plumbing

fixture,specifically the grease

the unused portion ofthe

trap piping has an open pipe at the end-remove

14

end, pursuant to §18-29-102.3 of the

waste and cap offthe pipe at

the

Code;

PL234032

vent pipes,specifically the overhead 2 inch

58. Install trap and/or waste and

and

and lavatory is trapped-remove the trap

vent linefor the dishwasher

pursuant to §§18-29-906.1 thru 906.2, 18-29-

repipe to the vent stack,

1002.1 ofthe Code;

PL156017

water supply piping and appurtenances,

Repair or replace defective

59.

specifically install air chambers on the water lines to the dishwasher,

pursuant to §18-29-102.3 ofthe Code;

PL235050

corrosion,specifically install

Protectplumbing system pipesfrom external

60.

a dialectic break on the hot water side ofthe bacicroom water heater, and

to the 3/4 inch galvanized water line,

remove the 3/4 inchfemale adaptor

Code;

pursuant to §18-29-305.1 ofthe

PL239030

water heater,specifically the

61. Provide proper flue pipe and draft hood for

the manufacturer's

water heater flue pipe has no pitch and exceeds

to §13-152-400 ofthe Code;

recommended distance, pursuant

PL151137

62. Remove the dead-end water line by the doorway and cap the line off at the source,pursuant to §§18-29-202, 18-29-605.20 ofthe Code;

PL239010

install plumbing

63. Engage licensed and bonded plumbing contractor to

pursuant to §18-29-106.1 ofthe Code;

PL171017

before undertaking work pursuant to

64. Obtain permit for plumbing work §18-29-106.1 ofthe Code.

E. Specifically, on October 28, 2014, and on each succeeding day thereafter, the Defendants as the owners and/or managers failed to:

001767

property,specifically the

65. Abate the nuisance that may be perilous to life or

unit hanging on

exposed electrical writing to the middle air conditioning

the dangling electrical light over the exit doors

the rear wall in the alley,

cords and

the excessive use ofelectrical

for the Blue Fin rear alley, and

to §15-4-090 ofthe Code;

power outletstrips,pursuant

15

001412

from exitways that may hamper travel and

66. Remove all obstruction

the Blue Fin

doors in the alleyfor

evacuation, specifically the rear exit

tape, pursuant to §§13-160-

outside with duct

tenant are sealedfrom the

15-4-900 ofthe Code;

070, 15-4-880, 15-4-890,and

001269

and/or ceiling finish and/or trim with

Failure to provide interior wall

67.

materials having the proper spread rating for the occupancy,specifically

of

The New D'Vine. is constructed out

the wall for basement stairs for

as required by

firewood and is notfire ratedfor a minimum ofone hour,

15-8-430 ofthe Code;

§§15-8-420, 15-8-400,and

001904

debris in the alley around the

68. Remove the large amount of garbage and

trash containers,pursuant to §15-4-970 ofthe Code;

001052

with

in a building of mixed occupancy

Separate each occupancy

69.

construction, providing proper fire resistive rating horizontally and

specifically provide one hour

vertically, from any adjoining occupancy,

the rear basement storage to the

minimum fire resistive separationfrom

Submit plans to and obtain permit from the department of

first floor.

buildings before starting work, pursuant to §§13-56-280, 13-56-250, 13-

32-040,and 13-200-130 ofthe Code.

Court issue a fine

requests that this Honorable

WHEREFORE, the City respectfully

against Defendants as provided under §13-12-020 of the Code and in accordance with

§13-12-040, of $500.00 per violation per day, beginning February 26, 2014, for the

per day, beginning

a fine of $500.00 per violation

violations in paragraph 21(A)(1-10),

a fine of $500.00 per violation

the violation in paragraph 21(B)(11),

July 25, 2014, for

a fine

in paragraph 21(C)(12-13),

per day, beginning August 29, 2014, for the violations

in

day, beginning October 20, 2014, for the violations

of $500.00 per violation per

per violation per day, beginning October

and a fine of $500.00

paragraph 21(D)(14-64),

until the day this Court

listed in paragraph 21(D)(65-69),

28, 2014, for the violations

enters a finding.

COUNT IV:

RELIEF

BUILDING CODE VIOLATIONS:EQUITABLE

and paragraphs 17-

The City re-alleges paragraphs 1-5 ofthe General Allegations

22.

those allegations herein as paragraph 22

21 of Count III above,and reincorporates

ofCount IV and further alleges:

a fine is an inadequate remedy to secure the abatement of the

23. That the levying of

16

the public nuisance which they

aforestated municipal code violationsand

constitute, and that it is necessary that a temporary and permanent injunction

a receiver be appointed,to bring the subject property

issue, and ifnecessary,that

into compliance with the Municipal Code ofChicago.

requirements ofthe Municipal

24. The subject property fails to meet the minimum

in the preceding paragraphs.

Code of Chicago as described

pertinent

25. The Injunction Statute for Building and Zoning Violations provides,in

part,that:

structure,including fixtures, is constructed

In case any building or

fixtures,

or maintained,or any building or structure,including

the

of an ordinance or ordinances

or land, is used in violation

in addition to other

proper local authorities ofthe municipality

action or proceeding

remedies, may institute any appropriate

(4)to restrain,correct or abate the violation.

See 65 ILCS 5/11-13-15(2012);see also Municipal Code ofChicago § 13-12-070

injunction requiring compliance with the provisions of

(2000)(City may obtain the Building Code).

an

Code provides,in pertinent part,that:

26. The Illinois Municipal

determines, upon due

Ifthe appropriate official ofany municipality

investigation,that any building or structure therein fails to conform

safety as set forth in the

to the minimum standards of health and

the owner or

applicable ordinances ofsuch municipality,and

fails,after due notice,to cause

owners ofsuch building or structure

municipality may make

such property so to conform,the

application to the circuit court for an injunction requiring compliance with such ordinances or for such other order as the

or appropriate to secure such

court may deem necessary compliance.

See 65 ILCS 5/11-31-2(2004).

27. Preliminary and permanent injunctive reliefis necessary to end the conduct of those defendants who own, control or otherwise manage the subject property in violation ofthe requirements ofthe Municipal Code ofChicago.

28. Moreover,the failure ofthe defendants who own,control or otherwise manage the

to the minimum

subject property to maintain the subject property according

requirements of the Municipal Code of Chicago constitutes an ongoing injury to

is no adequate remedy at

the public health, safety and welfare,for which there

§13-12-010(2000)("In interpreting and

law. See Municipal Code ofChicago

applying said provisions ofthis code,such provisions shall in every instance be

17

requirements adopted for the protection and promotion of

held to be the minimum

The prosecution and fining alone ofthese

the public health,safety and welfare.").

abate the nuisance.

defendants will notpromptly

need only

injunctive relief,a municipality

29. Where a statute or ordinance authorizes

ordinance was violated to obtain injunctive relief.See

show that the statute or

(1St

334 Ill. App. 3d 224,228-29

Village of Riverdale v. Allied Waste Trans.,Inc.,

(1St

Krisjon Constr. Co.,246 Ill. App. 3d 950,959

Dist. 2002); City of Chicago v.

v. Piotrowski, 215 Ill. App. 3d 829, 834-35 (l st Dist.

Dist. 1993); City of Chicago

1991).

Courtto:

WHEREFORE,the City respectfullyrequeststhatthisHonorable

A. Order Defendants as follows:

Immediately repair all ofthe above-listed violations;

1)

the City of

Allow a complete interior and exterior inspection by

2)

have

to verify that all required repairs

Chicago building inspectors

all applicable laws and

been completed and are in compliance with

standards;

to perform the work;

Obtain all ofthe necessary permits required and,

3)

and plumbers to do the

Hire licensed and bonded electricians necessary work,where applicable;

4)

alleged in the Complaint with

Appoint receiver to correct the conditions

B.

a

sell receivers

right to issue and

full powers ofreceivership,including the

certificates in accordance with 65 ILCS 5/11-31-2, as amended;

or clean

C. For an order authorizing the plaintiffto demolish,repair,enclose

ajudgment against defendants

up the Subject Property,ifnecessary,and

with 65

property for these costs in accordance

and lien on the subject

ILCS 5/11-31-1(a), as amended;

order declaring the

D. Ifappropriate and under proper petition,for

an

amended, and for an

property abandoned under 65 ILCS 5/11-31-1(d), as

order granting the City of Chicago a judicial deed to the property if

declared abandoned;

under 65 ILCS 5/11-31-1

is obtained in this proceeding

If statutory lien

E.

a

or 65 ILLS 5/11-31-2,as amended and for an order permitting foreclosure

of said lien in this proceeding;

18

and other costs related to the the defendants;and,

F. Award to the City court costs,attorney's fees enforcement of 65 ILCS 5/11-31-1(a)against

G. Any other reliefthatthis Court deems appropriate.

Respectfully submitted,

Stephen Patton Corporation Counsel

By:

Lindsay Baker AssistantCorporation Counsel

Attorney No.90909 30 N.LaSalle Street,Suite 700

Chicago,Illinois60602

City ofChicago Department ofLaw Building and License Enforcement

Unit

(3]2)742-0466

IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS MUNICIPAL DEPARTMENT- FIRST DISTRICT LIST OF DEFENDANTS

Property Address: 1950 W.North Ave.

1950 North,Inc. C/O Anthony Campanale 155 N Michigan Ave.,Ste.515 Chicago,IL 60601

MB FinancialBank,N.A. c/o Molly Wiltshire 233 S. Wacker Dr.,Suite Chicago,IL 60606

6600

Peak Properties C/O MichaelZucker

2201 W. Roscoe St.

Chicago,IL 60618

S & L Restaurant,Inc. DB/A The New D'Vine C/O Derek Alan Gifford

2750 Commons Dr.,Unit206

Glenview,IL 60026

Cervante Floyd-Nicks

4911 S. La Crosse Ave.

Chicago,IL 60638

Cervante Floyd-Nicks c/o Dan Rubinow 203 N.LaSalle St.,Suite2100 Chicago,IL 60601

Derek Gifford 2750 Commons Dr.,Unit206 Glenview,IL 60026

CLAIMANTS

UNKNOWN OWNERS AND NON-RECORD