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BEFORE THE DULY CONSTITUTED CHICAGO ELECTORAL BOARD

LEAH FRIED and


DANIEL SHEEHAN,
Petitioners Objectors,
v.
PATRICK O'CONNOR,
Respondent Candidate.

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No. 15-EB-ALD-144

OBJECTORS' RULE 20 MOTION


Objectors, LEAH FRIED and DANIEL SHEEHAN, file their Rule 20 Motion, and request that
this Electoral Board sustain the objectors' petition, for the following reasons.
A.

Introduction.
Objectors' petition asserted that the Candidate's statement of candidacy, and oath contained

therein, were false and untrue, because Candidate was not, on the date he signed his statement of
candidacy legally qualified to hold such office as required by the Election Code 10 ILCS 5/10-5.
Candidate was not duly qualified to hold such office, on the date he signed his statement of candidacy,
because he was not qualified to take the oath of office due to indebtedness to the City of Chicago, and
because he did not file a true and unaltered receipt for the filing of his Statement of Economic Interest.
On the contrary, Candidate owned a condominium unit within the TIF77 district in the 40 th Ward
(with his wife, Barbara O'Connor being the condo association's secretary), and the building owed multiple
fines to the City of Chicago. As an owner of the unit, under the condo association's bylaws, Candidate
owed a pro-rata share of the fines to the City of Chicago, and therefore, on the date of his statement of
candidacy, he was not legally qualified to hold such office.
In addition, Candidate failed to file a receipt for his statement of economic interests with his
nomination papers. Although Candidate filed a portion of a piece of paper, which was altered or cut to
remove the majority of the document, what was filed was NOT the receipt that was issued by the Cook
County Clerk's office. The integrity of the election process is at issue, if this Electoral Board permits
candidates to alter at their discretion, and modify/change official documents that are issued by a unit
1

government. The Candidate did not file the receipt that was issued by the Cook County Clerk, and
therefore, his nomination papers are defective.
B.

Hearing Examiner applied incorrect standard of review for motion to strike.


A motion to strike and dismiss admits all well-plead facts and challenges only the sufficiency of

the objectors' petition. Marshall v. Burger King Corp., 222 Ill.2d 422, 856 N.E.2d 1048 (2006). Similarly,
a cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no
set of facts can be proved that would entitle the plaintiff to recovery. Id.
When reviewing a motion to strike and dismiss, all pleadings are construed in the light most
favorable to the non-moving party, and all well plead facts . . . as well as reasonable inferences
therefrom . . . are taken as true. Ziemba v. Mierzwa, 142 Illl.2d 42, 46-47 (1991); Krueger v. Lewis, 342
Ill.App.3d 467, 470 (1st Dist. 2003); Weiss v. Waterhouse Securities, 335 Ill. App. 3d 875, 882 (1st Dist.
2002); Thornton v. Shah, 333 Ill.App.3d 1011, 777 N.E.2d 1011 (1st Dist. 2002). This Electoral Bord's
Rules permit only preliminary motions that challenge the legal sufficiency of the objector's petition
(Rule 5(b)). Unlike a motion for summary judgment (which is not permitted under this Electoral Board's
rules), a motion to strike and dismiss cannot raise, or rely upon collateral facts. All that is required is
sufficient specificity to apprise a candidate of the challenge to his/her nomination papers, to allow a
candidate to be able to defend against those assertions.
The hearing examiner considered factual arguments of counsel, and strayed beyond the four
corners of the Objectors' petition. As such, it was error for the hearing examiner to short-circuit the
evidentiary process, and to grant Candidate's motion to strike and dismiss, based upon factual arguments
and her review of nomination papers (as discussed in the recommendation), rather than relying upon the
allegations in the Objectors' petition, which should have been taken as true.
C.

Stare Decisis requires this Electoral Board to Remove Candidate


The judicial system is based upon the adherence by lower courts (and administrative bodies), to

the decisions of courts of review, commonly referred to with the Latin phrase, stare decisis, which means

"to stand by things decided." In the legal context, the doctrine of stare decisis compels lower courts to
adhere to the decisions of higher courts. "[S]tare decisis requires courts to follow the decisions of higher
courts, but does not bind courts to follow decisions of equal or inferior courts." Gillen v. State Farm
Mutual Automobile Insurance Co., 215 Ill.2d 381, 392 n. 2, 830 N.E.2d 575 (2005), quoting Schiffner v.
Motorola, Inc., 297 Ill.App.3d 1099, 1102, 697 N.E.2d 868 (1998).
As such, this Electoral Board, being a statutorily created entity of limited authority, is bound to
follow precedent that has been set by courts of review.
The Illinois Supreme Court explained the strong policy goal of stare decisis, as follows:
The doctrine of stare decisis is the means by which courts ensure that the law will not
merely change erratically, but will develop in a principled and intelligible fashion. Stare
decisis permits society to presume that fundamental principles are established in the law
rather than in the proclivities of individuals. The doctrine thereby contributes to the
integrity of our constitutional system of government both in appearance and in fact.
Chicago Bar Ass'n v. Illinois St. Bd. of Elections, 161 Ill.2d 502, 641 N.E.2d 525 (1994).
The Illinois Supreme Court has held that a candidate's statement of candidacy, containing an oath
requiring each candidate to stated that I am legally qualified to hold such office (stated in the present
tense), must be truthful on the date signed by the candidate. Cinkus v. Village of Stickney Municipal
Officers Electoral Board, 228 lll.2d 200, 886 N.E.2d 1011 (2008). The Cinkus court specifically held that
the statement of candidacy must be truthful and accurate when signed (i.e. no indebtedness as of the date
signed), and that a Candidate could not take action later (i.e. payment of debts after signing the oath), in
order to bring the oath into compliance with the requirement of truth and accuracy. Id.
The holding in Cinkus has long been the reasoning adopted by eletoral boards and appellate
courts that is, facts sworn to in the Statement of Candidacy must be true both at the time the Statement
is signed and when it is then filed. See Schumann v. Fleming, 261 lll.App.3d 1062, 634 N.E.2d 336 (2nd
Dist. 1994); Delk v. Board of Election Commissioners, 112 III.App.3d 735, 445 N.E.2d 1232 (1st Dist.
1983); McKennie v. Moselv-Braun. 99-EB-ALD-163 (1999); Jeffries v. Jones, 85-EB-RGA-14 (1986).
The filing of a truthful and accurate statement of candidacy is a critical, and mandatory, requirement of

the Election Code. See also Serwinski v. Board of Election Commissioners, 156 III.App.3d 257, 509
N.E.2d 509 (1st Dist. 1987) and Bowe v. Chicago Electoral Board. 614 F.2d 1147, 1151 (7th Cir. 1980).
The failure to comply with the mandatory requirement of filing a true and correct Statement
signed under oath is a fatal defect. Lewis v. Dunne, 63 lll.2d 48, 344 N.E.2d 443, 447 (1976); Serwinski v.
Board of Election Commissioners of City of Chicago, 156 III.App.3d 257, 509 N.E.2d 50 (1st Dist 1987).
As asserted by the Objectors, Candidate was the owner of a condominium unit located at 5321 N.
Lincoln Avenue, Chicago, Illinois. Candidate's wife, Barbara O'Connor, was the condo association's
secretary, and also the exclusive broker for the developer, who sold each and every unit at that location,
and at dozens of other locations in the 40th Ward and within the boundaries of the Lincoln Avenue
Redevelopment Project (a/k/a TIF077). As the incumbent, Candidate had full and comprehensive
knowledge of TIF077, as well as the benefits therefrom.
Objectors' petition confirmed that the condo association bylaws impose an obligation on all unit
owners to pay all obligations of the association, in their pro-rata share. In addition, Objectors identified
various violations of Chicago ordinances, for which fines were imposed, but curiously, not enforced or
collected. The condo association, which spans multiple addresses (5315-5317 N. Lincoln Ave. and 5321
N. Lincoln Ave.), was a long-time, recidivist scofflaw, recklessly undertaking construction activities (e.g.
electrical work, and two roof replacements) without requisite permits, failing to obtain elevator
inspections, and jeopardizing the life and safety of its inhabitants, as confirmed by the dozens of
violations issued by the City of Chicago. See attached Violation Notices. Although the City of Chicago
may have delayed or avoided collection, the delinquent fines remain unpaid.
Objectors' petition not only asserts facts regarding Candidate's debts owed to the City, which are
taken as true for purposes of a motion to strike and dismiss, but also that such debts are in arrears. As
such, Objectors petition has asserted a claim that Candidate, on the date he signed his statement of
economic interests, was not legally qualified to hold such office.
Objectors respectfully assert that the hearing examiner stepped beyond her authority when she

deviated from the holding Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 lll.2d
200, 886 N.E.2d 1011 (2008), and deviated from the appropriate standard of review. Objectors request
that the hearing examiner's recommendation be set aside, and that the Objectors' petition be sustained, and
the Candidate be deemed not qualified to hold the office of alderman, and that his name NOT be printed
upon the ballot for the municipal general election on February 24, 2015.
C.

Question of fact cannot be resolved on a motion to dismiss.


On a motion to strike and dismiss, all facts asserted in the Objectors' petition are taken as true,

and all presumptions are made in favor of the Objectors, as respondents. See above. Objectors asserted in
their objectors' petition that Candidate did not file the receipt that was provided to him from the Cook
County Clerk's office, but that instead, Candidate altered, mutilated and/or modified some other document
which was then filed with his nomination papers.
Objectors asserted in their objectors petition facts that, when properly reviewed under a motion to
strike and dismiss, state that Candidate did not submit the receipt that was provided by the Cook County
Clerk. Therefore, on its face Objectors' petition states a valid objection, which would be dispositive and
remove the Candidate from the ballot.
Objectors respectfully assert that the hearing examiner erred, when she undertook a factual
investigation, and resolved a disputed question of fact. Specifically, the hearing examiner in her
recommendation, at page 3 of 4 (lower half of page) acknowledged that she reviewed the nomination
papers, and in her observation, the cut off sheet of paper that was included in the nomination papers,
constituted a receipt.
However, such a factual inquiry in inappropriate on a motion to strike and dismiss. Clearly, the
hearing examiner did not take all facts in the objectors petition as true, and did not make presumptions in
favor of the objectors, and against the Candidate, as required for review of a motion to dismiss. It was
error for the hearing examiner to short-circuit the process, and deprive the Objectors of their opportunity
to present evidence and cross examine the Candidate on how he created the document that was inserted

into his nomination papers.


WHEREFORE, Objectors, through counsel, respectfully assert it was error for the hearing
examiner to so deviate from established procedures, and dismiss Objectors' petition without an
evidentiary hearing, and request that the Electoral Board reverse the hearing examiner's recommendation,
and grant the Objectors' petition, and issue a decision that the name of Candidate not be printed upon the
ballot for the February 24, 2015 municipal general election.
By:

s/ Andrew Finko
Attorney for Objectors

Andrew Finko, P.C.


79 W. Monroe St.
Suite 1213
Chicago, IL 60603
Tel: (773) 480-0616
Fax: (773) 453-3266
FinkoLaw@fastmail.FM
Certificate of Service
The undersigned, an attorney, certifies that he filed this Rule 20 Motion via email delivery to the
Electoral Board, with copies delivered by email to Candidate's counsel, James Nally, at or before 5:00 pm
on December 27, 2014.
s/ Andrew Finko
Andrew Finko

By:

/V/V2/^

TRUSTEE'S DEED.
JOINT TENANCY

Doc#: 0803242080 Fee; $34.00


Eugene "Qene" Moore RHSP Fee:$10.C0

his Indenture made this 20 day of

CookCounty Recorder of Deeds

OCTOBER, 2005, between CHICAOO


TITLE

LAND TRUST

COMPANY,

Date: 02/01/2008 08:34 AM Pg: 1 of 6

corporation of Illinois, as Trustee under the


provisions of a deed or deeds in trust, duly

recorded and delivered to said company in

pursuance of a trust agreement dated the


5 day of MARCH, 2004, and known as

Trust Number 1112973, party of the first


part, and

PATRICK^ O'CONNOR AND


BARBAR/ O'CONNOR
n
WHOSE
ADDRESS
IS:
2930 W. CATALPA AVE., CHICAGO,, IL

60625, not as tenants in common, but

as joint tenants, parties of the second

Reserved For Recorder's Office

part.

WITNESSETH That said party of the first part in consideration of the sum of TEN and no/100 DOLLARS ($10.00) AND
OTHER GOOD AND VALUABLE considerations in hand paid, does hereby CONVEY AND QUITCLAIM unto said

parties of the second part, not as tenants in common, but as joint tenants, the following described real estate, situated
in COOK County, Illinois, to wit:

SEE LEGAL DESCRIPTION RIDER ATTACHED HERETO AND MADE A PART HEREOF
PROPERTY ADDRESS; 5321 N. LINCOLN AVE., UNIT #30, CHICAGO, IL 60625

PERMANENT TAX NUMBER; 13-12-225-007-0000; 13-12-225-008-0000; 13-12-225-009-0000

together with the tenements and appurtenances thereunto belonging.

TO HAVE AND TO HOLD the same unto said party of the second part forever, not in tenancy In common, but in

. joint tenancy.

This Deed is executed puisuant to and in the exercise of the power and authority granted to and vested in said
trustee by the terms of said deed or deeds in trust deiivered to said trustee in pursimnce of the trust
agreement above mentioned. This deed is made subject to the lien of every trust deed or "o^gage (if any tew

be) of reconl in said county to secure the payment of money, and remaining unreleased at the date of the
delivery hereof.

IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be affixed, and has caused its
name to be signed to these presents by its Assistant Vice President, the day and year first above wntten.
CHICAGO TITLE LAND TRUST COMPANY,
as Trustee as Aforesaid

CORPORATE

SEAL

ssistant Vice President

334 CTJ

ctatp qAILLINOIS
jAH.18.Q6
real
ESTAlb IHaK-I hj'T.c
SepartmentofAevenoe

niTV OF CHICAG

JAH.1B.06
REAL ESTATE TRAMSACTIO* Ti
OEPARTMEMT OF REVERUE

REAL ESTATE
transfer tax

003 5 5.00

FP103032

REAL ESTATE
TRANSFER TAX

02662.50
FP103033

9 jo 2 :a6Bd a0902fr2C090

0603242060D Page; 3 of 6

State of Illinois

County of Cook

33.

I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the above named
Assistant Vice President of CHICAGO TITLE LAND TRUST COMPANY, personally known to me to be the same
person whose name is subscribed to the foregoing instrument as such Assistant Vice President appeared before me
this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and
voluntary act and as the free and voluntary act of the Company; and the said Assistant Vice President then and there
caused the corporate seal of said Company to be affixed to said instrument as his/her own free and voluntary act and
as the free and voluntary act of the Company.

Given under my hand and Notarial Seal this 20^" day ofOCTOBER
OTAR

PUBLiC

OFFICIAL SEAL"
CARLOS RESTRiBPO

NotaLiy.Public, Suttt of lUiooif

My Commmion Expires 07/91/2008

This Instrument was prepared by:


CHICAGO TITLE LAND TRU3T COMPANY

181 W. Madison 3t., 17^ Floor

Chicago, IL 60602

AFTER RECORDING, PLEASE MAIL TO:


NAME

ADDRESS

uh QjbrrJjpti.

CITY, STATE, ZIP CODE


OR

^T/ tmJs"

BOX NO.

SEND TAX BILLS TO:

NAME

n*.

ADDRESS
f4). CAr^OL /Ih
CITY. STATE. ZIP CODE CA^n
Lnk:L^

C603242060D Page: 4 of 6

CHICAGO TITLE INSURANCE COMPANY

ORDER NUMBER:

1401

SA3816082 NA

STREET ADDRESS: 5321 N. LINCOLN AVENUE


CITY: CHICAGO

#3D

COUNTY:

COOK

TAXNUMBER: 13-12-225-007-0000

LEGAL DESCRIPTION:
PARCEL 1:

(RESIDENTIAL) UNIT 3D IN THE LINCOLN AVENUE TERRACE CONDOMINIUMS AS DELINEATED


ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE:

THE NORTH 50 FEET OF THE SOUTH 200 FEET OF THE WEST 95 FEET EAST OF LINCOLN

AVENUE AND NORTH OF BERWYN AVENUE IN THE WEST 1/2 OF THE EAST 1/2 OF THE
NORTHEAST l/4 OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, AS MEASURED ALONG THE EAST LINE OF THE WEST 1/2 OF THE EAST
1/2 OF SAID NORTHEAST l/4, IN COOK COUNTY, ILLINOIS;
ALSO

BLOCK 4 (EXCEPT NORTH 350 FEET THEREOF) IN FRED W. BRUMMEL AND COMPANY'S LINCOLN
BRYN MAWR WESTERN SUBDIVISION BEING A SUBDIVISION OF THE NORTHEAST 1/4 OF THE
NORTHEAST l/4 OF THE NORTHEAST 1/4 OF SECTION 12 AND THAT PART EASTERLY OF

LINCOLN AVENUE OF THE WEST 1/2 OF THE EAST l/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 12 (EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTH OF A LINE 200 FEET

NORTH OF THE NORTH LINE OF BERWYN AVENUE) ALL IN TOWNSHIP 40 NORTH, RANGE 13
EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT STREET AND ALLEYS) ACCORDING TO
THE PLAT OF THE SAID SUBDIVISION FILED FOR RECORD IN THE RECORDERS OFFICE OF
COOK COUNTY, ILLINOIS ON APRIL 12, 1923 AS DOCUMENT 7879542, IN COOK COUNTY,
ILLINOIS.
ALSO

THAT PART OF THE WEST l/2 OF THE EAST l/2 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIOP 40 NORTH, RANGE 13 EAST OF THIRD PRINCIPAL MERIDIAN COMMENCING ON THE
NORTH LINE OF BERWYN AVENUE AT ITS INTERSECTION WITH THE EASTERLY LINE LINE OF
LINCOLN AVENUE., THENCE EAST ON THE NORTH LINE OF SAID BERWYN AVENUE 213 FEET,
THENCE NORTH ALONG THE WEST BOUNDARY LINE OF THE "JACKSON LAND" 200 FEET; THENCE
WEST ON A LINE PARALLEL WITH SAID NORTH LINE OF BERWYN AVENUE 100 FEET; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF THE TRACT HEREIN DESCRIBED 50 FEET; THENCE
WEST PARALLEL WITH THE NORTH LINE OF BERWYN AVENUE TO THE EASTERLY LINE OF

LINCOLN AVENUE; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID LINCOLN AVENUE TO
THE POINT OF BEGINNING,

IN COOK COUNTY,

ILLINOIS.

WHICH SURVEY IS ATTACHED AS EXHIBIT "A" TO THE DECLARATION OF CONDOMINIUM


RECORDED AS DOCUMENT NUMBER 0535512117, TOGETHER WITH ITS PERCENTAGE INTEREST IN
THE COMMON ELEMENTS IN COOK COUNTY,

ILLINOIS

(CONTINUED)

LAN

01/12/06

0603242060D Page: 5 of 6"

CHICAGO TITLE INSURANCE COMPANY

ORDERNUMBER:

1401

SA3816082 NA

STREET ADDRESS: 5321 N. LINCOLN AVENUE


CITY: CHICAGO

#30

COUNTY: COOK

TAXNUMBER: 13-12-225-007-0000
LEGAL DESCRIPTION:

PARCEL 2

THE (EXCLUSIVE) RIGHT TO THE USE OF P-13 AND S-9, LIMITED COMMON ELEMENTS, AS
DELINEATED ON THE SURVEY ATTACHED TO THE DECLARATION AFORESAID RECORDED AS
DOCUMENT NUMBER 0535512117.

LEOALD

- I

1^,...

0603242060D Page: 6 of 6

SUBJECT ONLY TO: (I) GENERAL REAL ESTATE TAXES NOT YET DUE AND
PAYABLE AT THE TIME OF CLOSING; (II) SPECIAL TAXES OR
ASSESSMENTS FOR IMPROVEMENTS NOT YET COMPLETED AND OTHER

ASSESSMENTS OR INSTALLMENTS THEREOF NOT DUE AND PAYABLE;

(III) APPLICABLE ZONING AND BUILDING LAWS AND BUILDING LINES AND
BUILDING RESTRICTIONS AND ORDINANCES; (IV)
COVENANTS,
EASEMENTS, RESTRICTIONS, CONDITIONS AND RESERVATIONS OF
RECORD. CONTAINED IN THE DECLARATION, AND THOSE NOT, AND NOT
OF RECORD, AND A RESERVATION BY SELLER TO ITSELF AND ITS
SUCCESSORS AND ASSIGNS, FOR THE BENEFIT OF ALL UNIT OWNERS,
OF THE RIGHTS AND EASEMENTS SET FORTH IN THE DECLARATION; (V)
EASEMENTS,
RESTRICTIONS,
CONDITIONS,
ENCROACHMENTS,

CONTRACTS, LICENSES, CONTRACTS, LEASES AND TENANCIES


EFFECTING THE UNIT, THE COMMON AND LIMITED COMMON ELEMENTS,
BUILDING SET-BACK LINES AND RESERVATIONS OF RECORD; (VI)

PROVISIONS OF THE ACT; (VII) THE DECLARATION, THE BY-LAWS AND


ALL OTHER CONDOMINIUM DOCUMENTS AND ALL AMENDMENTS AND

EXHIBITS THERETO; (VIII) ENCROACHMENTS AND OTHER MATTERS


AFFECTING TITLE TO THE PROPERTY, THE COMMON ELEMENTS OR THE
UNIT; (IX) ACTS DONE OR SUFFERED BY BUYER OR ANYONE CLAIMING
BY, THROUGH OR UNDER BUYER; (X) STREETS AND HIGHWAYS, IF ANY,

(XI) PRIVATE, PUBLIC AND UTILITY EASEMENTS, WHETHER RECORDED


OR UNRECORDED; AND (XII) LIENS AND SUCH OTHER MATTERS AS TO

WHICH THE TITLE INSURER COMMITS TO INSURE BUYER AGAINST LOSS

OR DAMAGE; (XIII) THE TERMS OF THE CONTRACT AND CERTIFICATE OF

LIMITED WARRANTIES, PURCHASER MORTGAGES, AND ACTS CAUSED


BY AND THROUGH THE BUYERS.

GRANTOR ALSO HEREBY GRANTS TO THE GRANTEE, ITS SUCCESSORS


AND ASSIGNS AS RIGHTS AND EASEMENTS APPURTENANT TO THE
ABOVE DESCRIBED REAL ESTATE. THE RIGHTS AND EASEMENTS FOR
THE BENEFIT OF SAID PROPERTY SET FORTH IN THE DECLARATION
OFCONDOMINIUMS AFORESAID AND GRANTOR RESERVES TO ITSELF,
ITS SUCCESSORS AND ASSIGNS THE RIGHTS AND EASEMENTS SET
FORTH IN SAID DECLARATION FOR THE BENEFIT OF THE REMAINING
PROPERTY DESCRIBED THEREIN

t>YfYl6(T

/^ar7c^ dP

f jL/0(fMerJrS

DOAH- Order

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

CITY OF CHICAGO, a Municipal Corporation, Petitioner,

Address of Violation:
5315-5317 N Lincoln
Avenue

V.

Docket #:
06BS06399A

Lincoln Avenue Terraces Condominiums C/0 Branislav Zuric


1741 W CRYSTAL

CHICAGO, IL 60622

Issuing City
Department:

, Respondent.

Buildings
FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having
considered the motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal
finds by a preponderance of the evidence and rules as follows:
Finding

NOV#

Default - Liable by prove- up

06L072396

Countfs) Municioai Code Vioiated

Penaities

1 220091 permit for electrical wiring


and equipment installed without
permit. (13-12- 360)

$500.00

2 220084 Conductors and electrical

$500.00

equipment shall be suitable for


location and temperature
Sanctlon(s):
Admin Costs: $25.00

JUDGMENT TOTAL: $1,025.00


Balance Due: $1,025.00

Respondent is ordered to come into immediate compliance with any/all outstanding Code violations.
Respondent being found liable by default has 21 days from the above stamped mailing date to file a petition to
vacate (void) this default for good cause, with the Department of Administrative Hearings.
Cassoria, David

23

Sep 6, 2006

Administrative Law Officer

ALO#

Date

ENTERED:

You may appeal this Order to the Circuit Court of Cook Co. (Daley Center 6th PI.) within 35 days by filing
a civil law suit against the City of Chicago and by paying the appropriate State mandated filing fees.
Pursuant to Municipal Code Chapter 1-19, the city's collection costs and attorney's fees shall be added to
the balance due if the debt is not paid prior to being referred for collection.

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITY OF CHICAGO, a Municipal Corporation, Petitioner,

5321 N Lincoln

V.

Docket#: 07DS015002

Vuk Builders

, Respondent.
Issuing City

Department: Department of Streets and Sanitation

FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by apreponderance of
the evidence and rules as follows:

Findine

NOVif

Default - Liable by prove-up

S000213238

Count(s) Municipal Code Violated

Penalties

1 7-28-261(b) Over accumulation of

$500.00

refuse in refuse container.

Sanction(s):
Admin Costs: $40.00

JUDGMENT TOTAL; $540.00


Balance Due: $540.00

Respondent is ordered to come into immediate compliance with any/all outstanding Code violations.

Respondent being found liable by default has 21 days from the above stamped mailing date to file apetition to vacate (void)
this default for good cause, with the Department ofAdministrative Hearings.

52
ENTERED:

Administrative Law Judge

ALO#

Dec 17,2007
Date

This Order may be appealed to the Cireult Court ofCook Co. (Daley Center 6th Fl.) within 35 days by fiUng aelvll law suit
and by paying the appropriate State mandated filing fees.

Pursuant to Municipal Code Chapter 1-19, the city's collection costs and attorney's fees shall be added to the balance due if
thedebtis notpaid prior to being referred for collection.

07DS015002

Date Printed: Dec 11, 2014 3:07 pm

Page 1 of 1

(1/00)

DO AH -.Oi'der

mTHE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

CITY OF CHICAGO, a Municipal Corporation, Petitioner, )

Address of Violation:
5321 N Lincoln Avenue

5
Lincoln Avenue Terraces Condominiums C/0 Sonia I-labibovic,)

Reg. Agents

Docket#: IOFR00057A

532 IN. LINCOLN AVE

CH1CAG0.il 60625

Issuing City
Department: Fire

. Respondent.
FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows:

Finding

NPy#

Previously liable - Nosubsequent


compliance withbuildingcode

10FR066

Penalties

CoutU(s) Municipal Code Violated

1 002148FR PER SEC. 15-16-1160,


FAILURE TO PROVIDE FOR A
SUCCESSFUL, ANNUAL
PERFORMANCE TEST OF YOUR

$560.00

FIRE PUMP, WHICH SHALL BE


WITNESSED BY THE BUREAU OF
FIRE PREVENTION. SAID PUMP

WILL'BE in COMPLIANCEONLY
WHEN IT PRODUCES ITS RATED
GALLONS PER MINUTE AND
PRESSURE.
Sanction(s):
Admin Costs: $75.00

JUDGMENT TOTAL: $635.00


Balance Due: $635.00

Respondent is ordered to come into immediate compliance with any/all outstanding Code violations.
Petitioner is granted leave to re-inspect the premises or business as it relates to the above found violation(s)
IcortWy this offlorwasonibe data

740 N.

on onvolopq

ORDER OCX U 2010


mailed
Dopt. ol Aoiuinls

Hearings

Cler^'"

10FR00057A

Date Printed: Get 20,2010 11:27 am

Page 1 of2

(J/00)

DOAH Order

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

84

ENTERED:

Administrative Law Judge

ALO#

Get 20.2010
Date

You may appeal thisOrder to the Circuit Court orCookCo.(Daley Center6th Pi.)within35 daysby fiiing a civil lawsuit

and by payingthe appropriate State mandated filingfees.

Pursuant to Municipal Code Chapter 1-19, thecity's collection costs and attorney's fees shallbeadded to the balance dueif
the debt is not paid prior to being referred for collection.

10FR00057A

Dale Printed: Get 20,2010 11:27 am

Page 2 of2

https://webapps1. cityofchicago.org/buildingviolat.

Building Violations

Building Data Warehouse


Disclaimer - Please read

The information presented on this websiteis informational onlyand does not necessarily reflectthe currentcondition of the building
or property.The fact that a permitwas issued does not confirm that wor1< was performedor performed in accordance withthat permit
and the requirements of the Municipal Code. Information on inspections and violationsreflect conditionsfound by the inspector at the
timeof the inspectionand not the currentstatus of those violations or currentcondition of the property. The absence of violations on
this website does not mean a building or propertyis in compiiance withthe requirementsof the Municipal Code. Certainviolations

mayl>e referred to the Cit/s Department ofLawforenforcement proceedings inthe Department ofAdministrative Hearings or the
Circuit CourtofCookCounty, and recordsof those proceedings may be obtainedfrom the Department of Administrative Hearingsor
Clerk of the Circuit Court, respectively.

INPUT ADDRESS

5315 N LINCOLN AVE

RANGE ADDRESS

5315-5317 N LINCOLN AVE CHICAGO IL 60625


BUILDING ATTRIBUTES
BLDG ID STORIES BASEMENT LENGTH WIDTH HEIGHT
150624gH 5

PERMIT#

100

80

FLR

CONSTR

AREA

TYPE

8000

DATE
ISSUED

PORCH

LOT

LOT

WIDTH

LENGTH

80

3B

150

DU

Iq

DESCRIPTION OF WORK

100142531 10/12/2006

CHANGE ELECTRICAL CONTRACTOR FOR PERMIT #1046177 ISSUED 09/30/2004.

100008672 09/30/2004

ERECT 4 STORY MASONRY BUILDINGW/ 1ST FLOOR COMMERCIAL & RESIDENTIAL 14 DU W

B20408777 09/30/2004

ERECT 4 STORY MASONRY BUILDINGW/ 1ST FLOOR COMMERCIAL & RESIDENTIAL 14 DU W

100008671 09/30/2004

ERECT 4 STORY MASONRY BUILDING W/ 1ST FLOOR COMMERCIAL & RESIDENTIAL 14 DU W

ATTACHED MASONRY GARAGES AS PER PLANS


ATTACHED MASONRY GARAGES AS PER PLANS
ATTACHED MASONRY GARAGES AS PER PLANS
ES2512130 09/13/1968
CASE ACTIVITY

CASE TYPE

CASE NUMBER

ADMINISTRATIVE HEARING

06L0723S6

INSPECTIONS
INSP#
11220689

1 of 2

INSPECTION DATE

05/13/2014

TYPE DESCRIPTION

STATUS

FAILED

ANNUAL INSPECTION

10917454

04/30/2013

PASSED

ANNUAL INSPECTION

10621616

05/15/2012

PASSED

ANNUAL INSPECTION

10270058

05/24/2011

PASSED

ANNUAL INSPECTION

9892323

05/19/2010

PASSED

PUMP CASE

9884027

02/10/2010

FAILED

ANNUAL INSPECTION

1576035

07/27/2009

CLOSED

ELECTRICAL PERMIT INSPECTION

1496063

07/27/2009

CLOSED

ELECTRIC COMPLAINT INSPECTION

1562098

09/26/2006

PASSED

EQUIPMENT INSPECTION

1490237

06/27/2006

PASSED

PUMP ACCEPTANCE TEST

1541115

06/27/2006

PASSED

EQUIPMENT INSPECTION

ELECTRIC COMPLAINT INSPECTION

1496061

06/20/2006

FAILED

1505300

05/23/2006

PASSED

EQUIPMENT INSPECTION

1297375

04/21/2006

CLOSED

SIGN ANNUAL INSPECTION

1503691

03/24/2006

PASSED

EQUIPMENT INSPECTION

1493052

03/15/2006

PASSED

EQUIPMENT INSPECTION

1480993

02/21/2006

PASSED

EQUIPMENT INSPECTIQN

11/30/2014 09:51 PM

https://webapps1.cityofchicago.org/buildingviolat.

Building Violations

INSP#

TYPE DESCRIPTION

STATUS

INSPECTION DATE

EQUIPMENT INSPECTION

1470185

01/26/2008

PASSED

1463013

12/09/2005

PASSED

EQUIPMENT INSPECTION

1452153

10/31/2005

PASSED

EQUIPMENT INSPECTION

1446867

09/12/2005

PASSED

EQUIPMENT INSPECTION

1440317

08/16/2005

PASSED

EQUIPMENT INSPECTION

1130869

07/05/2005

PASSED

EQUIPMENT INSPECTION

1038792

04/27/2005

CLOSED

SIGN ANNU/VL INSPECTION

1112846

04/19/2005

PASSED

EQUIPMENT INSPECTION

963011

03/29/2005

PASSED

EQUIPMENT INSPECTION

826056

12/17/2004

PASSED

EQUIPMENT INSPECTION

720782

06/04/2004

PASSED

SIGN ANNUAL INSPECTION

399412

06/30/2003

PASSED

SIGN /tNNUAL INSPECTION

214014

06/12/2002

PASSED

SIGN ANNUAL INSPECTION

3651367

06/14/2001

PASSED

SIGN ANNUAL INSPECTION

VIOLATIONS

ANNUAL INSPECTION 11220689


VIOLATIONS
FP1948

VIOLATION DETAILS

BUILDING CODE CITATION

3EC. 15-16-220.15-16-1170 REPAIR OR


REPLACE DEFECTIVE FLOW ALARM(S).

ANNUAL INS PECTION 4 9884027


VIOLATIONS
FP2148

VIOLATION DETAILS

BUILDING CODE CITATION

SEC. 13-76-120.15-16-190,15-16-210.15-16-220. LAST TEST IN 2006


5-16-280.15-16-310 15-16-1150.15-16-1160
'ROVIDE FOR A PERFORMANCE TEST OF
'OUR FIRE PUMP. WHICH SHALL BE
/WITNESSEDBV THE BUREAU OF FIRE
PREVENTION. SAID PUMP WILL BE IN

COMPLIANCE ONLY WHEN IT PRODUCES ITS


RATEDGALLONS PER MINUTE AND PRESSURE.
ELECTRIC C GMPLAINT INSPECTION U 1496063

VIOLATIONS
EL0091

VIOLATION DETAILS

BUILDING CODE CITATION

Obtain pennit forelectricalwiring and equipment


nstalled without permit. (13-12-360)

EL0084

new service meter banks.panel.conduit.wiring

switches,outlets.(ixtures installedwithoutcommercialspace
obtain certificateof occupancy before occupyingtenants space
13-36-010

ELECTRIC C GMPLAINT INSPECTION f 1496061

VIOLATIONS
ELC091
EL0084

VIOLATION DETAILS

BUILDING CODE CITATION

Obtainpermitforelectricalwiring and equipment

new service meter tranks.panel.condult.wiring

switches.outlets.fixtures Installedwithoutcommercialspace
obtain certificate of occupancy before occupying tenants space
13-36-010

Copyright 2010 - 2013 Cityof Chicago

2 of 2

11/30/2014 09:51 PM

https://webappsl.cityofchicago.org/buildingviolat.

Building Violations

Department of
Buildings

Wm
affi llmlllhl
Building Data Warehouse
Disciaimc?! Please read

The information presented on this website isInformational only and does not necessarily reflect the cun-ent condition of the building
orproperty. The fact that a permit was issued does not confirm that work was performed or performed in accordance with that permit
and the requirements of the f^unicipal Code. Information on inspections and violations reflect conditions found by the inspector atthe
lime ofthe inspection and not the current status ofthose violations orcunant condition ofthe property. The absence ofviolations on
this website does not mean a building orproperty isincompliance with the requirements ofthe Municipal Code. Certaiii violations

may be referred to the City's Department of Law for enforcement proceedings in the Department of Administrative Hearings or the

Circuit Court ofCook County, and records of those proceedings may beobtained from the Department of Administrative Hearings or
Clerkof the CircuitCourt, respectively.
INPUT ADDRESS

5317 N LINCOLN AVE


RANGE ADDRESS

5315-5317 N LINCOLN AVECHICAGOIL60625


BUILDING ATTRIBUTES
BLDG ID STORIES BASEMENT LENGTH WIDTH HEIGHT
150624SH 5

100

80

FLR

AREA
8000

CONSTR
TYPE

PORCH

LOT
WIDTH
80

3B

LOT
LENGTH
150

DU
0

PERMITS

PERMIT#

DATE
ISSUED

DESCRIPTION OP WORK

100008672 09/30/2004

CHANGE ELECTRICAL CONTRACTOR FORPERMIT #1048177 ISSUED 09/3(W2004.


ERECT 4 STORY MASONRY BUILDING W/1STFLOOR COMMERCIAL &RESIDENTIAL 14 DU W

B20408777 09/30/2004

ERECT 4 STORY MASONRY BUILDING W/1ST FLOOR COMMERCIAL &RESIDENTIAL 14DU W

100142531 10/12/2008

ATTACHED MASONRY GARAGES AS PER PLANS


ATTACHED MASONRY GARAGES AS PER PUNS
100008671 09/30/2004

ERECT 4 STORY MASONRY BUILDING W/1STFLOOR COMMERCIAL &RESIDENTIAL 14 DU W


ATTACHED MASONRY GARAGES AS PER PLANS

ES2512130 09/13/1988
CASE ACTIVITY

io8L072396

CASE NUMBER

ADMINISTRATIVE HEARING

CASE TYPE

INSPECTIONS

INSP#

1 of 2

INSPECTION DATE

TYPE DESCRIPTION

STATUS

11220889

05/13/2014

FAILED

10917454

m/30/2013

PASSED

10621816

05/15/2012

PASSED

^NU/. INSPECTION
ANNUAL INSPECTION

^NUAL INSPECTION

10270058

05/24/2011

PASSED

ANNUAL INSPECTION

9892323

05/19/2010

PASSED

PUMP CASE

9884027

02/10/2010

FAILED

ANNUAL INSPECTION

1576035

07/27/2009

CLOSED

ELECTRICAL PERMIT INSPECTION

1498063

07/27/2009

CLOSED

1562098

09/28/2006

PASSED

ELECTRIC COMPLAINT INSPECTION


EQUIPMENT INSPECTION

1490237

08/27/2006

PASSED

PUMP ACCEPTANCE TEST

1541115

06/27/2006

PASSED

EQUIPMENT INSPECTION

1496081

06/20/2006

FAILED

ELECTRIC COMPLAINT INSPECTION

1505300

05/23/2008

PASSED

EQUIPMENT INSPECTION

1297375

04/21/2006

CLOSED

SIGN ANNUAL INSPECTION

1503891

03/24/2006

PASSED

EQUIPMENT INSPECTION

1493052

03/15/2006

PASSED

EQUIPMENT INSPECTION

1480993

02/21/2008

PASSED

EQUIPMENT INSPECTION

11/30/2014 09:56 PM

https://webappsl.cityofchicago.org/buildingviolat.

Building Violations

INSP#

TYPE DESCRIPTION

STATUS

INSPECTION DATE

EQUIPMENT INSPECTION

PASSED

1470185

01/26/2006

1463013

12/09/2005

PASSED

EQUIPMENT INSPECTION

1452153

10/31/2005

PASSED

EQUIPMENT INSPECTION

1446887

09/12/2005

PASSED

EQUIPMENT INSPECTION

1440317

08/16/2005

PASSED

EQUIPMENT INSPECTION

1130669

07/05/2005

PASSED

EQUIPMENT INSPECTION

1038792

04/27/2005

CLOSED

SIGN ANNUAL INSPECTION

1112846

04/19/2005

PASSED

969011

03/29/2005

PASSED

EQUIPMENT INSPECTION
EQUIPMENT INSPECTION

826056

12/17/2004

PASSED

EQUIPMENT INSPECTION

720782

06m4/2004

PASSED

SIGN ANNU/U. INSPECTION

399412

06/30/2003

PASSED

SIGN ANNUAL INSPECTION

214014

06/12/2002

PASSED

SIGN ANNUAL INSPECTION

9651367

06/14/2001

PASSED

SIGN ANNUAL INSPECTION

VIOLATIONS

ANNUAL INSPECTION H 11220689


VIOLATIONS
FP1948

VIOLATION DETAILS

BUILDING CODE CITATION

SEC. 15-16-220.15-16-1170 REPAIR OR


REPLACE DEFECTIVE FLOW ALARM(S).

ANNUAL IN 3PECTI0N tt 9884027

VIOLATIONS
FP2148

VIOLATION DETAILS

BUILDING CODE CITATION

SEC. 13-76-120.15-16-190.15-16-210.15-16-220.
15-16-280,15-16-31015-16-1150.15-16-1160

LAST TEST IN 2006

PROVIDE FOR A PERFORMANCE TEST OF


YOUR FIRE PUMP. WHICH SHALLBE
WITNESSED BY THE BUREAU OF FIRE
PREVENTION. SAID PUMP WILL BE IN

COMPLIANCE ONLY WHENIT PRODUCES ITS


RATED GALLONS PER MINUTE AND PRESSURE.
ELECTRIC :0MPLA1NT INSPECTION F 1496063

VIOLATIONS
EL0091

VIOLATION DETAILS

BUILDING CODE CITATION

Obtain peimltforelectrical wiring and equipment


installed without permit. (13-12-360)

EL0084

new service meter banks,panel.conduit.wiring

switches.outIets.fIxtures Installed without commercial space


obtain certiflcste of occupancy before occupying tenants space
13-36-010

ELECTRIC COMPLAINT INSPECTION 1496061

VIOLATIONS
EL0091

Installed without permit. (13-12-360)


EL0084

VIOLATION DETAILS

BUILDING CODE CITATION

Obtain permitforelectrical wiring and equipment

new service meter banks.panel.conduit,wiring


switches.outIets.fIxtures Installedwithoutcommercialspace
obtain certificateof occupancy before occupyingtenants space
13-36-010

Copyright 2010 2013 City of Chicago

2 of 2

11/30/2014 09:56 PM

Case. No.
Address:

Case. Type:
Description:

69870

Case Status: Open

5317 N. LINCOLN AVE

EL WIRING COMPLAINT INVESTIGAT


complaint address 5317-25 n lincoln

Insp. #

Insp. Type Partial Waived

1496061

EL_COMPL

Case Entered Date: 06/22/2006

Started

Completed

06/20/2006 06/20/2006

insp. By

Status

Modified By

555101

FAILED

BL00054

EL0091 - Obtain permit for electrical wiring and equipment installed without permit.
(13-12-360) new service meter banks,panel,conduit,wiring switches,outlets,fixtures

OPEN

installed without commercial space

EL0084 - obtain certificate of occupancy before occupying tenants space 13-36-010


1496063

EL_COMPL

07/27/2009 07/27/2009

PCR30745

EL0091 - Obtain permit for electrical wiring and equipment installed without permit.
(13-12-360) new service meter banks,panel,conduit,wiring switches,outlets,fixtures

OPEN

CLOSED

PCR30745
OPEN

installed without commercial space

EL0084 - obtain certificate of occupancy before occupying tenants space 13-36-010

OPEN

Inspections for 5315 - 5321 N LINCOLN AVE

1480993

1470185

1463013

1452153

1446867

1440317

1130669

1112^46

969011

826056

1297375

1038792

720782

399412

214014

9651367

Insp No.

EQJNSPECT

EQ INSPECT

EQJNSPECT

EQJNSPECT

EQJNSPECT

EQJNSPECT

EQ INSPECT

EQJNSPECT

EQ irfepE^P

EQ INSPECT

EQJNSPECT

ES_ANNUAL

ES ANNUAL

ES_ANNUAL

ES_ANNUAL

ES ANNUAL

ES_ANNUAL

Type

03/24/2006

03/15/2006

02/21/2006

01/26/2006

12/09/2005

10/31/2005

09/12/2005

08/16/2005

06/12/2002

06/14/2001

Completed

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

Status

5M7 NLINCOLN AVE

^>317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

5317 N LINCOLN AVE

04/27/2005 CLOSED-^315 NLINCOLN AVE


04/21/2Q0^"^LOSE^ ^315 NLINCOLN AVE

06/30/2003

PASSED

07/05//005 PASSED '

06/04/2004

PASSED

5317 N LINCOLN AVE

5315 N LINCOLN AVE

5315 N LINCOLN AVE

5315 N LINCOLN AVE

5315 N LINCOLN AVE

100008671

100008671

69870

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

100008671

ES2512130

ES2512130

ES2512130

ES2512130

ES2512130

ES2512130

CONST_EQ

CONST_EQ

EL_COMPL

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

.CONST_EQ

CONST_EQ

CONST_EQ

CONST_EQ

ES_PERM

ES PERM

ES_PERM

ES_PERM

ES_PERM

ES_PERM

1072920

1168251

1168255

1561935

1496063

1576035

PERMIT

EL_PERMIT

EL_PERMIT

NC_PERMIT

PERMIT

EL_COMPL

03/21/2007

06/21/2006

06/20/2006

06/20/2006

06/08/2006

PASSED

PASSED

PASSED

PASSED

PASSED

PASSED

06/05/200^"PASSED

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

5321 N LINCOLN AVE

100145105

100145107

100145107

100060624

100040084

100015508

100015508

100060624

ES_PERM

ES_PERM

ES_PERM

EV_MOVERS

EL_PERM

RENO_PERM

RENO_PERM

EV_MOVERS

05/23/2006

1147514

ES_STRUCT

03/21/2007

PASSED

FAILED

1659662

ES_PERMIT

03/21/2007

06/20/20^,

1659661

ES_STRUCT

Open Closed

1493052

EQJNSPECT

5317 N LINCOLN AVE

EL_PERM

Violations j

1503691

EQJNSPECT

06/27/2006PASSED

100142531

EL_COMPL

Type

1505300

EL_COMPL

09/26/2006

5317 N LINCOLN AVE

69870

Permit No.

1496061

EQJNSPECT

07/27/2009/'closed^

5317 N LINCOLN AVE

Address

1541115

EQJNSPECT

CLOSED y

12/17/2&04 -pasSedT
03^9^'j. PASSED

1562098

EL_PERMIT

07/27/200^

1659660

Insp No.

Type

Inspections for 5315 - 5321 N LINCOLN AVE

Permit No. |i

Type

Vioiations
0

Address
1

Status

EL_PERM

Completed
100477544
RENO_PERM

Open Closed

>321 N LINCOLN AVE


100468196

EL PERMIT

5321 N LINCOLN AVE

EL_PERM

10910480

04/08/2(p TAILED
04/10/20^3-passed"
100477544

NC PERMIT

5321 N LINCOLN AVE

10914334

PASSED

04/12/2013

EL PERMIT

RENO_PERM

10933438

100468196

04/12/2013^

Sv5321 N LINCOLN AVE

EL PERMIT

10751676

FAILED

EV_MOVERS

05/09/20/3
100060624

ANNUAL

^321 NLINCOLN AVE

10947647

Chicago Cityscape - Building Violation at 5321 N ...

http://www.chicagocityscape.com/violations.php?.

Building Violation & Inspection Report


inspection #1561935 on Jun 05, 2006 at 5321 N Lincoin Ave
Search: |
Type
Permit

Description
Open type
violation

Ordinance

Comments

Status

Regarding installation done under permit


100080624:1. provide 90 minute fire
rated machine room 2. provide approved

Complied
as of
05-08-2013

maninline disconnect, do not use as

junction box 3. provide ground wire to


disconect. 4. eliminate trip hazard on car
floor/sill. 5. test fireman's service i.e.

smoke detectors. 6. separate machine


room light feed from exhaust feed.
18-30-010,13-20-120.

Showing 1 to 1 of 1 entries

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Total time: 1.0208 s

1 of 1

12/08/2014 01:51 AM

Chicago Cityscape - Building Violation at 5317 N ..

http://www.chicagocityscape.com/violations.php?.

Building Violation & Inspection Report


Inspection #1496061 on Jun 20, 2006 at 5317 N Lincoln Ave
Search:

Description

Type

Complaint

No permit wiring

Ordinance

Obtain permit for


electricai wiring
and equipment
instalied without

Status

Comments

Open

New service meter

banks,panei,conduit,wiring
switches,outlets,fixtures installed
without commercial space

as of

06-22-2006

permit.
(13-12-360)
Complaint

See inspector

Obtain certificate of occupancy

comments

before occupying tenants space

Open
as of

13-36-010

Showing 1 to 2 of 2 entries

06-22-2006

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Total time: 1.0094 s

1 of 1

12/08/2014 01:56 AM

https://webappsl.cityofchicago.org/BRCAWeb/org/.

City of Chicago TheCttyofChtoago^OificialStB


i

BuilmnarKctatedLCou^

Number of records found 1


Address of Violation

Oefendantfs)

Cased

5315 - 5317 N LINCOLN 06BS063g9A LINCOLN AVENUETERRACES CONDOMINIUMS C/0


AVE

BRANISLAV ZURIC

Issuing
Dpt.
Buildings

Jurisdiction / Case Type

Date of
Action

Violations /

Findings

Administrative Hearings/Building
Code Standard

Chicago IL 60625

1 of 1

12/07/2014 10:56 PM

https://webappsl.cityofchicago.org/BRCAWeb/org/.

City of Chicago - Building Related Court Actions

City of Chicago TlioCftyofCfttcago's OffldcdSas


< Back to search results

jPrinl version

Building-Related
Court Action Home

I waat To...

Lookup Glossary

Case Number

06BS063S9A

Street Address

531S S317 N LINCOLN AVE Chicago IL 60625

Date Updated

09/06/2006

k Search lor BuildingRelated Court Action

Findings
Default - Liable by prove-up

Novd

Counts/Charges

06L072396

220091 permit for electrical wiring and equipment installed without

Municipal/County Code Violations

220084 Conductors and eiectrical equipment shaU be suitable for

permit. (13-12-360)

FAQ

location and temperature

1 of 1

12/07/2014 10:57 PM

Chicago Cityscape - Building Violation at 5321 N

http://www.chicagocityscape.cora/violations.php?.

Building Violation & Inspection Report


Inspection #10947647 on May 09, 2013 at 5321 N Lincoln Ave
Search:

Type
Periodic

Periodic

Description
Maintain or repair
hydro eleva

Maintain or repair
hydro eleva

Ordinance

Failed to maintain hydraulic


elevator equipment provided
at premises in safe and
sound working condition.
(13-196-590,13-196-630(b),
18-30-001)
Failed to maintain hydraulic
elevator equipment provided
at premises in safe and
sound working condition.

Comments

Status

Replace missing smoke


detector at 5th floor

elevator lobby and


maintain 9 current fire

Open
as of
06-04-2013

service monthly test log


on site

Clean elevator pit

Open
as of
06-04-2013

(13-196-590,13-196-630(b),
18-30-001)
Periodic

Maintain or repair
hydro eleva

Showing 1 to 3 of 3 entries

Failed to maintain hydraulic


elevator equipment provided
at premises in safe and
sound working condition.
(13-196-590, 13-196-630(b),
18-30-001)

Clean elevator machine

room - not to be used for

general storage

Previous

Open
as of
06-04-2013

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Total time: 1.0113 s

1 ofl

12/08/2014 01:50 AM

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITYOF CHICAGO, a Municipal Corporation, Petitioner,

5321 N Lincoln Avenue

Lincoln Avenue Terraces Condominiums C/0 Sonia Habibovic^

Docket #: 10FR00057A

Reg. Agents

, Respondent. )
)

Issuing City
Department: Fire

FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows:

Finding

NOVU

Liable - By plea/Continued for hearing 10FR066


on the penalties

Count(s) Municipal Code Violated

1 002148FR PER SEC. 15-16-1160,


FAILURE TO PROVIDE FOR A
SUCCESSFUL, ANNUAL
PERFORMANCE TEST OF YOUR
FIRE PUMP, WHICH SHALL BE
WITNESSED BY THE BUREAU OF
FIRE PREVENTION. SAID PUMP
WILL BE IN COMPLIANCE ONLY
WHEN IT PRODUCES ITS RATED
GALLONS PER MINUTE AND

Penaliies

$0.00

PRESSURE.

Sanction(s):
Admin Costs: $0.00

JUDGMENT TOTAL: $0.00


Balance Due: $0.00

Respondent is ordered to come into immediate compliance with any/all outstanding Code violations.
Case is continued to Wednesday, Aug 4, 2010, at 10:30 am, for a hearing.

Petitioner is granted leave to re-inspect the premises or business as itrelates to the above found violation(s).

10FR00057A

Date Printed: Dec 12,2014 11:42 am

Page 1 of2

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

98

ENTERED:

Administrative Law Judge

ALO#

May 5,2010
Date

This Order may be appealed to the Circuit Court of Cook Co. (DaleyCenter 6th Fl.) within 35 days by filinga civil law suit
and by paying the appropriate State mandated filing fees.

Pursuant to Municipal Code Chapter 1-19,the city's collection costs and attorney's feesshall be added to the balance due if
the debt is not paid prior to being referred for collection.

10FR00057A

Date Printed; Dec 12,2014 11:42 am

Page 2 of2

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITY OFCHICAGO, a Municipal Corporation, Petitioner, )

5321 N Lincoln Avenue

Lincoln Avenue Terraces Condominiums C/0 Sonia HabibovicO

Docket#: 10FR00057A

Reg. Agents

, Respondent. )
)

Issuing City
Department: Fire

FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows:

Finding

NOV#

City's motion to continue - Granted

10FR066

Count(s) Municipal Code Violated

Penalties

$0.00

1 002148FR PER SEC. 15-16-1160,


FAILURE TO PROVIDE FOR A
SUCCESSFUL, ANNUAL
PERFORMANCE TEST OF YOUR

FIRE PUMP, WHICH SHALL BE


WITNESSED BY THE BUREAU OF
FIRE PREVENTION. SAID PUMP
WILL BE IN COMPLIANCE ONLY
WHEN IT PRODUCES ITS RATED
GALLONS PER MINUTE AND
PRESSURE.

Sanction(s):
Admin Costs: $0.00

JUDGMENT TOTAL: $0.00


Balance Due: $0.00

Case is continued to Wednesday, Sep 29,2010, at 10:30 am, in Room 112 - Central Hearing Facility, 400 W. Superior, for [ ]
service [ ] hearing.

24

ENTERED:

Administrative Law Judge

ALO#

Aug 4,2010
Date

This Order may be appealed to the Circuit Court of Cook Co. (Daley Center 6th Fl.) within 35 days by filing acivil law suit
and by paying the appropriate State mandatedfiling fees.

Pursuant to Municipal Code Chapter 1-19, the city's collection costs and attorney's fees shall be added to the balance due if

the debt is not paid prior to being referred for collection.

10FR00057A

Date Printed: Dec 12,2014 11:43 am

Page 1 of 1

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITY OF CHICAGO, a Municipal Corporation, Petitioner,

5321 N LincolnAvenue

i
Lincoln Avenue Terraces Condominiums C/0 Sonia Habibovic,)

Reg. Agents

)
, Respondent. )
)

Docket #: 10FR00057A

Issuing City
Department: Fire

FINDINGS, DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows:

Findine

NOVif

City's motion to continue - Granted

10FR066

Count(s) Municipal Code Violated

1 002148FR PERSBC. 15-16-1160,

Penalties

$0.00

FAILURE TO PROVIDE FOR A

SUCCESSFUL, ANNUAL
PERFORMANCE TEST OF YOUR

FIRE PUMP, WHICH SHALL BE


WITNESSED BY THE BUREAU OF
FIRE PREVENTION. SAID PUMP
WILL BE IN COMPLIANCE ONLY
WHEN IT PRODUCES ITS RATED
GALLONS PER MINUTE AND
PRESSURE.

Sanction(s):
CITY TO NOTICE RESPONDENT OF CONTINUED HEARING DATE
Admin Costs: $0.00
JUDGMENT TOTAL: $0.00

Balance Due: $0.00

Case is continued to Wednesday, Oct20,2010, at 10:30 am, in Room 112 - Central Hearing Facility, 400W.Superior, for [ ]
service [ X ] hearing.

10FR00057A

Date Printed: Dec 12,2014 11:43 am

Page 1 of 2

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

ENTERED:

Vf.
Administrative Law Judge

Z?
ALO#

Sep 29,2010
Date

This Order may be appealed to the Circuit Court of Cook Co. (Daley Center 6th Fl.) within 35 days by filing a civil law suit
and by paying the appropriate State mandated filing fees.
Pursuant to Municipal Code Chapter 1-19, the city's collection costs and attorney's fees shall be added to the balance due if
the debt is not paid prior to being referred for collection.

10FR00057A

Date Printed: Dec 12,2014 11:43 am

Page2 of 2

DOAHCA8E#_JO_6. C)C70 51A


IN THE CITY OF CHICAGO

DEPARTMENT OF ADMINISTRATIVE HEARINGS

Buildings Hearing Division


City of Chicago Fire Department
a municipal corporation

Address of Violation:
5321 N. LINCOLN AVE

CHICAGO, IL 60625

PIN: 13-12-225-014 plus multiple


Additional PIN'S for condo uhlts*

NOV# 10FR066

V.

LINCOLN AVENUE TERRACES


CONDOMINIUMS

C/O SONIA HABIBOVIC, Reg. Agents


5321 N. LINCOLN AVE, STE A
CHICAGO, IL 60625
Respondent($)

J
: j

jr
GO

NOTICE OF VIOLATION AND SUMMONS

YOU ARE HEREBY NOTIFIED THAT THE FIRE DEPARTMENT HAS CITED THE
ABOVE PROPERTY FOR ALLEGED VIOLATION(S) OFTHE CHICAGO MUNICIPAL
CODE OBSERVED ON

February 10,2010 and oneach succeeding datethereafter.


AS MORE PARTICULARLY DESCRIBED INTHE ATTACHED ADMINISTRATIVE
COMPLAINT. THE DEPARTMENT CONSIDERS SUCH ALLEGED VIOLATIONS AS
CONTINUING ON EACH SUCCEEDING DAY AFTER THE INSPECTION DATE UNTIL
EVIDENCE HAS BEEN BROUGHT TO THE DEPARTMENT SHOWING THAT SUCH
VIOLATIONS HAVE BEEN PROPERLY CORRECTED, PURSUANT TO SATISFACTORY
PLANS AND PERMITS, WHEN APPLICABLE. THE DEPARTMENT OF
ADMINISTRATIVE HEARINGS WILL CONDUCT A HEARING ON THE MATTER AT:
400 West Superior, Roomll2, May5,2010,10:30am

You, your attorney, or an authorized representative must appear at the Hearing at the date and

time scheduled above and be prepared to proceed to ahearing. Hearing dates and times cannot

be rescheduled by telephone. This hearing is your opportunity to answer and defend against the
alleged violations. You are required to have all evidence and/or witnesses with you at the
Hearing. If aviolation has been corrected, be prepared to present evidence ofthe correction,
such as photos, repair invoices, paid receipts, etc., as well as testimony by you, your contractor,
orarchitect as to the existence, non-existence orcorrection oftheviolations.

If a violation isdetermined to exist, the administrative law officer may issue anorder to correct

the violations and impose fines, costs and penalties that will attach to the property. The property

owner, his or her agent for the purposeof managing, controlling or collectingrents and any other
person managing or controlling a buildingor premises shall be held liable for ail fines, costs and
penalties. The violations may carrya fine of up to Five Himdred ($500.00) per day, per
violation, for each day a violation exists. For example, if a building has five violations, and the
violations remain uncorrected for ten days, you may be liable for up to Twenty Five Thousand
Dollars ($25,000.00) in fines, plus anycosts the city incurs, including, but not limitedto, the
costs of reinspection. In addition, section 13-78-110(c)provides that some violations carry a
penalty of not less than Five Hundred ($500.00) and not greater than Ten Thousand
($10,000.00).

In some cases, evidence of full correction of the violations as of the date of the Hearing may be

presented as a valid defense at thehearing. Evidence of substantial steps towards full

compliance (i.e., permit applications, repairwork contracts) as of the date of Hearing will not
avoida finding of liability, but may be considered in whetherto grant you additional time to
complete the workand possibly reduce the amount of fines and/or penalties imposed.

Your failure or yourauthorized representative's failure to appear at theHearing mayresult in a


finding of liability and imposition of the maximum fines, costs and penalties authorized under
law entered against you in your absence.

Copies of theRules and Regulations fortheconduct of hearings before theDepartment of


Administrative Hearings are available at 400 W. Superior, Chicago, IL during regular business
hours. Forquestions regarding hearing procedures onlyplease call312/742-0433.
Anyperson with questions regarding the nature and reason for the building code
violations, or any person seeking to schedule a follow-up reinspection of their properties
(note: a reinspection fee may be charged) must contact the FireDepartment at (312) 7444724.

CITY OF CHICAGO
CHICAGO FIRE DEPARTMENT
Bureau Of Fire Prevention
444 North Dearborn Street

Chicago, IL 60610
INSPECTION REPORT

VIOLATION(S) FOUND
Inspection Date: February 10,2010

Property Address: 5321 N. Lincoln Ave, Chicago, II60625

Building Use: (Circle one) Commercial Assembly School Mixed Use Residential Industrial
Building info:
Violation(s) found:

# of stories:^

# of basementsuQ

002148 PER SEC. 15-16-1160, FAILURE TO PROVIDE FOR A SUCCESSFUL,


ANNUAL PERFORMANCE TEST OF YOUR FIRE PUMP, WHICH SHALL BE
WITNESSED BY THE BUREAU OF FIRE PREVENTION. SAID PUMP WILL BE IN
COMPLIANCE ONLY WHEN IT PRODUCES ITS RATED GALLONS PER MINUTE
AND PRESSURE. Failure to conduct a successful, witnessed test in 2007,2008,2009
and 2010.

I,LtDonald Kampwirth, an inspector and employee ofthe City of Chicago*s Bureau ofFire
Prevention, certify that I have conducted aninspection ofFire Department records regarding
the above referenced address on the date indicated. I further certify that I have observed the

alleged violation(s) cited and believe that the violation(s) setforth in this instrument are true
and correct.

Inspector's signatu

F.P.B, 601

2/3/03

Proof of Service

Pursuant to sections 2-14-074 and2-14-152 of theMunicipal Codeof the Cityof Chicago, I,

Lt Donald Kampwirth. anemployee ofthe City ofChicago Fire Department do hereby certify as

follows:

I served a Notice of Violations andSummons andreport form upon each person named at the

address indicated for that person. I served said documents by causing them tobeplaced in a
sealed envelope with proper postage affixed and prepaid, addressed tothe address(es) indicated.
The address(es) listed is(are) each person's last known address (registered, residential, or
business). Imailed the documents via first class mail by causing said documents to be deposited
in the United States mail at 540N. Dearborn, Chicago, Illinois, on or before 5:00p.m.

April 4.2010

Address cited:

5321 N. LINCOLN AVE, CHICAGO, IL 60625

Signature

(1/00)

DO AH - Order

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITY OF CHICAGO, a Municipal Corporation, Petitioner,

5321 N Lincoln

V.

Koral Realty

Docket#: 09CP018429

, Respondent.

Issuing City
Department: Police

FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows:

Finding

NOy

Liable Prepaid

P001555129

Penalties

CounUs) Municipal Code Violated

1 8-4-056(b) False Burglar Alarm

$100.00

Sanction(s):
Admin Costs: $0.00
JUDGMENT TOTAL: $100.00
Balance Due: $0.00

May 16,2009

ENTERED:

Administrative Law Judge

ALO#

Date

ThisOrder may be appealed to the Circuit Court ofCook Co.(Daley Center6th FI.) within35daysby filing a civil lawsuit
and by paying the appropriate State mandated filing fees.

Pursuant to Municipal Code Chapter 1-19,the city's collection costs and attorney's fees shall be added to the balance due if
the debt is not paid prior to being referred for collection.

09CP018429

Date Printed: Dec 9,2014 1:09pm

Page 1 of 1

DOAH - Order

(1/00)

IN THE CITY OF CHICAGO, ILLINOIS


DEPARTMENT OF ADMINISTRATIVE HEARINGS

Address of Violation:

CITY OF CHICAGO, a Municipal Corporation, Petitioner,

5321 N Lincoln

Docket#: 12CP088256

V.

Kajtez Dry Cleaners

, Respondent. )

)
)

Issuing City
Department; Police

FINDINGS. DECISIONS & ORDER

This matter coming for Hearing, notice given and the Administrative Body advised in the premises, having considered the
motions, evidence and arguments presented, IT IS ORDERED: As to the count(s), this tribunal finds by a preponderance of
the evidence and rules as follows;

Fihdine

NOV#

Liable - By plea

P003303953

CounKs) Municioai Code Violated

Penalties

I 8-4-056(b) False Burglar Alarm

$100.00

Sanction(s):
Admin Costs: $40.00

JUDGMENT TOTAL: $140.00


Balance Due: $140.00

Respondent is ordered to come into immediate compliance with any/all outstanding Code violations.

ENTIiRED:

'

Administrative LawJudge

"

ALO#

Date

This Order may be appealed tothe Circuit Court ofCook Co. (Daley Center 6th Fl.) within 35 days by filing a civil law suit
and by paying the appropriate State mandated filing fees.

Pursuant toMunicipal Code Chapter 1-19, the city's collection costs and attorney's fees shall be added tothe balance due If

the debt is not paid prior to being referred for collection.

I2CP088256

Date Printed: Dec9, 2014 10:53 am

Page1 of I