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IN THE CIRCUIT COURT OF COOK COUNTY, 4~, OIS`s ~ '~


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MUNICIPAL DEPARTMENT- FIRST DISTR~eory
CITY OF CHICAGO,
a municiPal corporation ~
Plaintiff,
v.
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.
I filed with the Clerk of the
PLEASE TAKE NOTE THAT ON ~~vEJ~~'E~.S, ~-.~~~
Illinois, Plaintiff City
Chicago,
n,
Circuit Court of Cook County, Daley Center, 50 W. Washingto
of Chicago's FIRST AMENDED COMPLAINT FOR EQUITABLE AND OTHER
RELIEF. A copy is attached and served upon you.
Lindsay Z. Bak r
Assistant Corporation Counsel
Atty. No. 90909
30 North LaSalle, Room 700
Chicago, Illinois 60602
(312)742-0466
CERTIFICATE OF SERVICE
certify that I caused a copy of the above Notice of Filing
attorney,
an
Baker,
I, Lindsay
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. ~0~4 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 Michael Zucker
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., Unit 206
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., Suite 2100
Chicago, IL 60601
Derek Gifford
2750 Commons Dr., Unit 206
Glenview,IL 60026
UNKNOWN OWNERS ANll NON-RECORD CLAIMANTS

/~~ `f~'~
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IN THE CIRCUIT COURT OF COOK COUNTY,ILLIN~
MUNICIPAL DEPARTMENT- FIRST
DISTRI~~dRCi ~`S FfJ ~`
R~~
F ~~ ~~',Q~ 221
No. 141V`YI
)
CITY OF CHICAGO,
`~;S~T ~~~r
)
a municipal corporation,
Re: 1950-52 W.1~ '~t~~A~e.
)
Plaintiff,
Chicago,IL 60622
v.
1950 NORTH,INC; MB FINANCIAL
PIN: 14-31-424-046-0000
BANK,N.A.; PEAK PROPERTIES;S
& L RESTAUARANT,INC. DB/A
Amount Claimed: X53,500(+)
THE NEW D'VINE; CERVANTE
FLOYD-NICKS; and UNKNOWN
OWNERS AND NON-RECORD
CLAIMANTS,
Defendants.
FIRST AMENDED COMPLAINT FOR EQUITABLE AND OTHER RELIEF
Plaintiff City of Chicago ("City"), by its attorney, Corporation Counsel Stephen
Patton, complains of Defendants as follows:
GENERAL ALLEGATIONS
Nature of the 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.
VII, par. 6(a). As a further grant of authority, the City brings this action pursuant
to the Unsafe Property Statute, 65 ILLS 5/11-31-1(a) et seq.(2004), as amended,
the Injunction Statute for Building and Zoning Violations, 65 ILCS 5/11-13-15
(2005), the Illinois Municipal Code, 65 ILCS 5/11-31-2 (2004), and Chicago
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's fees and costs.
The Parties and the Property at Issue

2.

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

3.

There is a property commonly known as 1950-52 W.North Ave. Chicago,


Illinois ("Subject Property"), with a property index 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

RANDOLPH SMITH'S SUBDIVISION OF BLOCK 36 IN


SHEFFIELD'S ADDITION TO CHICAGO, A
SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION
31, TOWNSHIP 40 NORTH,RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY,ILLINOIS.
4.

5.

masonry
Located on the Subject Property is a four story commercial building of
construction ("Subject Property").
ed,
At all times relevant to this complaint, the Defendants owned, manag
controlled, collected rents from, contributed to the ongoing violations at, and/or
had a legal or equitable interest in the Subject Property. More specifically:
A.

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


Subject Property;

B.

MB FINANCIAL BANK,N.A., as the Mortgage Holder, has an


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.

The
CERVANTE FLOYD-NICKS,as the manager with control over
New D'Vine, has an interest in the Subject Property;

F.

DEREK GIFFORD,as leaseholder, has an interest in the Subject


Property;

G.

All remaining defendants are the UNKNOWN OWNERS and NON


RECORD CLAIMANTS ofthe Subject Property.
COUNT I:
CRIMINAL ACTIVITY- CIVIL PENALTIES

6.

7.

8.

and
The City re-alleges paragraphs 1-5 ofthe General Allegations, above,
further
reincorporates those allegations herein as paragraph 6 of Count I and
alleges:
Houses of
The City brings this action pursuant to the Drug and Gang Houses,
0 of the
8-4-09
n
Prostitution and Other Disorderly Houses Ordinance, Sectio
City of Chicago Municipal Code ("The Drug and Gang House Ordinance").
bring
Generally, the Drug and Gang House Ordinance provides, "the [C]ity may
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
"any premises used for prostitution, illegal gambling, illegal possession or
delivery of or trafficking in controlled substances, or any other activity that
constitutes a felony, misdemeanor, business offense or petty offense under
federal, state or municipal law ... provided that the property is used for more than
one such offense within any six month period, or the offense is punishable by
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 of Chicago 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 and not more than $6,000 for any offense
defined as a Class X felony by the Criminal Code of 1961, 720 ILCS 5
("Criminal Code");
not less than $1,500 and not more than $3,000 far any offense defined as a
Class 1 felony by the Criminal 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 for any offense defined as a
Class 3 felony by the Criminal Code;
not less than $300 and not more than $1,000 for any offense defined as a
Class 4 felony by the Criminal Code;
and not less than $200 and not more than $1,000 for all offenses not
otherwise specified.
Each day that a violation of this section continues is a separate and distinct
offense.
Municipal Code of Chicago Section 8-4-090(c)(2008).

12.

13.

During the time that nefendant owned and/or controlled the Subject Property,
they encouraged or permitted criminal activity on or about the Subject Property.
According to reports created and maintained by the Chicago Police Department,
the following activity constituting a felony, misdemeanor, business offense or
petty offense under federal, state or municipal law, occurred at the Subject
Property. Specifically:

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, Chicago Police Officers observed
that the emergency exit sign above the front entrance was not illuminated,
with the wiring in the lower battery panel exposed and no battery present.
Officers also later observed that the emergency exit sign at the bottom of
the stairs in the kitchen was not illuminated.

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 at the Subject Property.
While conducting a licensed premises check at the Subject Property,
Chicago Police Officers observed that the area in front of the rear exit was
covered by dark curtains and the path obstructed by a large floor fan, a
mop and bucket, and a large plastic garbage can.

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
Municipal Code Section 7-38-012 at the Subject Property. While
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 himself as the on-duty cook, but failed
to produce a food handling and sanitation certificate.

D.

On or about May 22, 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 4-60-141(b) at the
Subject Property. While responding to a call alleging an underage patron
inside the Subject Property, Chicago Police Officers asked FLOYDNICKS whether there were any patrons under 21 years old, to which
FLOYD-NICKS responded no. A follow-up investigation revealed that
many of the patrons inside the Subject Property that night were under 21
years old.

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
Section 13-36-020 at the Subject Property. While conducting a premises
check following a large fight in front of the Subject Property, Chicago
Police Officers conducted a head count inside the premises, resulting in a
count of 125 persons present. A license check revealed a maximum
occupancy of 92.
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 460-141(b) at the Subject Property. 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 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
Section 13-36-020 at the Subject Property. While conducting a licensed
premises check at the Subject Property, Chicago Police Officers observed
the Subject Property congested with patrons, making it difficult for
Officers to advance further than 5 feet within. Officers then questioned 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 of 92.

H.

On or about January 1, 2009, an unknown offender committed the


criminal offense of aggravated battery, in violation of 720 ILCS 5.0/123.05, aClass Xfelony, at the Subject Property. At approximately 1:30AM
on January 1, 2009, Chicago Police Officers responded to a call of a
battery in progress at the Subject Property, and discovered that the
unknown offender had struck his victim over his head with a bottle.

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 of HARRIS revealed a knife
with blood on it.

WHEREFORE,the City respectfully requests that this Honorable Court:


A.

Find that Defendants violated 8-4-090 of the 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) of the Municipal Code of
E

Chicago; and
C.

14.

Grant any other relief that this Court deems appropriate.

COUNT II:
CRIMINAL ACTIVITY- ABATEMENT MEASURES
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 defined by 8-4-090 ofthe


Municipal Code of Chicago; and,

16.

That the levying of a fine is an inadequate remedy to secure the abatement ofthe
aforestated municipal code violations and the public nuisance, which they
constitute.

WHEREFORE,the City respectfully requests that this Court:


A.

Find that the Subject Property is a public nuisance, as defined by Section


8-4-090 ofthe Municipal Code of Chicago;

B.

Order Defendant to take action to abate the criminal activity now


occurring at the Subject Property, including, but not limited, to the
following:
1.

Vacate and secure the premises;

2.

Evict all residents or guests who have been involved in illegal


activity at the subject property and bar them permanently from the
subject property;

3.

Install and maintain additional security measures, including but not


limited to, erecting fencing with gate and heavy-duty locks, to
ensure that non-residents are not able to use the property for illicit
purposes;

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 Subject Property;

5.

Install security cameras to monitor the exterior of the Subject


Property;

6.

Hire licensed and bonded uniformed security guards to patrol the


Subject Property;

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 to abate the
criminal activity occurring on the Subject Property.
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 for
electrical, plumbing, heating and ventilation and general building requirements.
Municipal Code of Chicago, 13-196-010(2008)("Every existing building shall
comply with the code requirements in force and applicable to such building...").

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 therein, existing or occurring. Municipal Code of
Chicago, 13-12-020(2008).

20.

21.

Any violation of, or resistance to or interference with the enforcement of, any of
the provisions ofthis Code enumerated in 13-12-010, to which no other penalty
provision is applicable shall be punished by a fine of not less than $200.00 and
te
not more than $500.00, and each day such violation shall continue shall constitu
a separate and distinct offence for which a fine as herein provided shall be
imposed. Municipal Code of Chicago, 13-12-040(2008).
The Defendants as the owners and or managers failed to comply with the
Municipal Code ofthe City of Chicago regarding:

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

1.

001052
Separate each occupancy in a building of mixed occupancy with
construction, providing proper fire resistive rating horizontally and
vertically, from any adjoining occupancy. Submit plans to and obtain
permit from the Department of Buildings before starting work,
specifically, minimum of1 hour separation between 1stfloor Club D'Vine
to vacant 2ndftoor, pursuant to 13-56-280, 13-56-250, 13-32-040, and
13-200-130 of the Code;

2.

3.

4.

5.

6.

7.

8.

001248
Failure to discontinue the practice of blocking, wedging, propping, or
tying fire doors in an open position, specifically, basement kitchen ofClub
D'Vine and rear stairs tofirstfloor, pursuant to 15-8-180 and 15-8-230
ofthe Code;
001246
Failure to repair and maintain self-closing devices on doors, specifically
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, 158-160, 15-8-180, 15-8-230, 15-8-240, 15-8-170, 13-160-400, and 13-196170 of the Code;
001412
Remove all obstruction from exit ways that may hamper travel and
evacuation, specificallyfront basement exitfrom kitchen ofClub D'vine is
a locked liquor storage room with shelving obstructing door to corridor,
pursuant to 13-160-70, 15-4-880, 15-4-890, and 15-4-900 of the Code;
001870
Keep all exit doors so that they can be easily opened from the inside
without the use of a key or any special knowledge,specificallyfront
basement exitfrom kitchen ofClub D'vine is a locked liquor storage room
with shelving obstructing door to corridor, pursuant to 15-4-870, 13160-260, and 2-36-280 of the Code;
001492
of
Failure to extend the present exit lighting system. Submit three sets
plans to the Bureau of Fire Prevention for approval before starting work,
nt to
specificallyforfront basement exit.ofClub D'vine basement, pursua
ofthe
13-160-710, 13-160-740, 14-12-270, 14-48-010, and 13-196-090
Code;
001269
Failure to provide interior wall and/or ceiling finish and/or trim with
in
materials having the proper spread rating for the occupancy as required
this section of the Municipal Code,specifically provideflame certification
for curtain and drapes and material covering DJ booth ofClub D'vine,
pursuant to 15-8-420, 1~5-8-400, and 15-8-430 ofthe Code;
001426
Make necessary modifications to the exit doors)so that when in an open
position they will not project into a public way,specifically rear exit door
opens into alleyfor upperfloor and groundfloor exitsfor Club D'vine
and Blu Fin, pursuant to 13-160-250 ofthe Code;

9.

10.

001767
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 1952, pursuant to 15-4090 of the Code;
001000
You are hereby requested as the owner, agent, lessee, or occupant of these
premises to make an appointment with an inspector ofthe fire prevention
bureau for the purposes ofinspecting these premises, pursuant to 2-36270 and 13-12-100 ofthe Code.

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

11.

EL0084
Provide interior inspection to verify the location and condition of electrical
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:

12.

13.

CN073014
Failed to maintain exterior door in sound condition and repair, specifically
north doors with broken window pane, in violation of 13-196-550(d)
and (e), 13-196-641 ofthe Code;
CN 194039
Remove graffiti from north door/window, pursuant to 7-28-065 of the
Code.

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

14.

15.

EL0005
Replace defective distribution equipment, specifically provide a proper
type cover for the open panel with exposed live parts and wiresDANGEROUS AND HAZARDOUS CONDITION, pursuant to 18-27384.13, 18-27-384.15, 18-27-384.16, 18-27-384.17 ofthe Code;
EL0009
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 compressor, pursuant to
18-27-110.26 of the Code;

16.

17.

18.

19.

20.

21.

22.

23.

EL0016
Install additional receptacle outlets, spectfacally add receptacles to ease
extension cord use throughout the bar, first floor, ceiling, DJ booth,
basement, and storage room areas, pursuant to 18-27-560.6, 18-27570.10(e) ofthe Code;
EL0017
Provide ground continuity for electrical cable, raceway, and enclosure,
specifically provide ground continuity for the bare wires to the second
floor rear exterior HVAC unit, and the basement mechanical room has
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
Replace broken, inoperable, or painted over receptacle or switch,
specifically replace all painted and defective receptacles throughout the
first floor, bar, and ceiling areas, pursuant to 18-27-200.1, 18-27200.10(b) ofthe Code;
EL0019
Replace defective light fixture, specifically replace all defective lights
throughout the basement area under the firstfloor bar and the firstfloor
DJ booth, pursuant to 18-27-410.22, 18-27-410.23, 18-27-410.24, 1827-240.27, 18-27-410.36, 18-27-410.37, 18-27-410.38, 18-27-410.39 of
the Code;
EL0020
Support loose light fixture, specifically properly support all ceiling fans
with proper rated boxes, pursuant to 18-27-410.15, 18-27-415.16 of the
Code;
EL0030
Remove defective armored cable, specifically remove all defective
armored cable throughout the basement areas, pursuant to 18-27-110.2,
18-27-110.3, 18-27-333.2, 18-27-333.3 ofthe Code;
EL0033
Strap and secure raceway and armored cable, specifically properly support
all conduit boxes throughout all basement areas, walk in cooler
refrigeration compressor, and boxes, conduits and lightfixtures need to be
supported properly, pursuant to 18-27-110.12 of the Code;
EL0023
Install cover on outlet or junction box, specifically provide proper type
cover for the open junction box in the basement kitchen area and liquor
10

storage room area receptacle, pursuant to 18-27-370.25 of the Code;

24.

EL0084
Provide GFCI protection for all bar countertop areas, pursuant to 18-27210.8 of the Code;

25.

EL0085
Remove all abandoned low voltage wiring throughout the first floor bar
area and basement area, pursuant to 18-27-110.12(E) of the Code;

26.

27.

28.

29.

30.

31.

EL0086
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
Obtain permit for electrical wiring and equipment installed without permit,
specifically obtain an electrical permit and contractor to correct
violations andfor installation ofelectrical conduit, boxes, wiring devices,
and electrical equipment installed throughout the basement andfirstfloor
bar areas, pursuant to 13-12-360 ofthe Code;
CNO l 5072
Failed to remove any encumbrance or stock in any exitway or that in any
way interferes with operation of fire door or fire escape, specifically the
width behind the counter is restricted to twenty inches in area, in violation
of 15-4-880, 15-4-900 ofthe Code;
CN103015
Failed to maintain floor free from holes and wide cracks and free from
loose, warped, protruding or rotting floor boards, specifically the broken
floor tiles behind the counter, in violation of 13-196-540(a) and (b) of
the Code;
NC3042
Failed to provide and maintain uninterrupted means of egress to outside
exit at grade level, specifically the 8 inch step at the rear doors,
DANGEROIISAND HAZARDOUS CONDITION, in violation of 13160-070, 13-J 60-100, 13-196-080 ofthe Code;
CN073044
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

32.

33.

34.

35.

36.

37.

38.

CN106015
Failed to maintain interior stairway system in safe condition and sound
repair, specifically the stairs leading to the basement have uneven risers,
34 inches, and the
spongy threads, insufficient headroom of 71 and 66 /
HAZARDOUS
AND
hand rail is detachingfrom the wall-DANGEROUS
CONDITION,in violation of 13-196-570 ofthe Code;
CN105015
Repair or replace defective door, specifically the door height to the front
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
Rid premises of rodents and seal rodent holes, specificallyfill the holes in
the floor to prevent rodents and rid the premises of rodents in the
basement, pursuant to 13-196-530 D, 13-196-540 A, 13-196-630 C of
the Code;
CN138106
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;
CN 103025
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 the floor joist in the rear of the
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 of the Code;
CN061004
Perform repairs necessary to restore and maintain building in sound
condition as specified in structural engineering report prepared, signed,
and sealed by licensed architect or registered structural engineer,
specifically perform necessary repairs according to the structural
engineer's report fnr restoring joists and the main support beam, and
obtain a permit, pursuant to 13-196-030 of the Code;
PL157027
Repair or replace defective waste pipe, specifically thefirstfloor ice binsremove poly tubing used as a waste line and repipe with metallic pipe,
pursuant to 18-29-102.3 ofthe Code;

12

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

PL152017
Provide trap for plumbing fixture, specifically provide an open site waste
for the ice bans in both units, pursuant to 18-29-1002 of the Code;
PL157017
Provide trap for plumbing fixture, specifically remove the PVC waste pipe
in the 3 compartment bar sink and repipe with metallic pipe, pursuant to
18-29-1002 ofthe Code;
PL152017
Provide trap for plumbing fixture, specifically provide an open site waste
for the 3 compartment bar sink's waste, pursuant to 18-29-1002 of the
Code;
PL157027
Repair or replace defective waste pipe, specifically remove the corrugated
plastic tubingfor the hand sink and repipe with metallic piping, pursuant
to 18-29-102.3 ofthe Code;
PL234018
Install vent pipe for trap, specifically provide a properly vented P trapfor
the hand sink, pursuant to 18-29-901.2 thru 18-29-901.2.1 ofthe Code;
PL 237020
Provide proper material for water supply pipe, specifically remove the poly
tubingfor the carbonator's water supply under the ice bin &behind the
bar, and repipe with approved materials, pursuant to 18-29-605 of the
Code;
PL237004
Provide indirect connection for water supply, specifically install a nontestable, stainless steel, double check on the water supply to the
carbonator, pursuant to 18-29-602, 18-29-608 ofthe Code;
PL163127
Provide non-absorbent open-front seats for public or employee toilet,
specifically remove the round front toilet seats with closed seats and
install elongated bowls with open front seats in both the men's and
women 's restrooms, pursuant to 18-29-420.3 ofthe Code;
PL152017
Provide trap for plumbing fixture, specifically install afloor drain in both
the men's and women's restrooms, pursuant to 18-29-1002 of the Code;
PL152047
Replace defective trap, specifically replace all PVC lavatory traps with
13

brass traps, pursuant to 18-29-1002 of the Code;

49.

50.

51.

52.

53.

PL237020
Provide proper material for water supply pipe, specifically replace 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
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
Repipe the hot and cold water lines in the men's lavatory with hot water
on the left side and cold water on the right side, pursuant to 18-29-607.4
ofthe Code;
PL153037
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, 1829-420.1 ofthe Code;
PL152017
Provide trap for plumbing fixture, specificallyfor the basement hand sink
by the ice maker-the fixture 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 its own vented trap and
the condensate &ice maker lines must be piped to an open site vented
waste, pursuant to 18-29-1002 ofthe Code;

54.

PL151137
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;

55.

PL151137
Remove the dishwasher's waste from the grease trap and repipe the waste
to a drain, pursuant to 18-29-1002 of the Code;

56.

57.

PL164027
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 ofthe Code;
PL161027
Seal open drain from removal of plumbing fixture, specifically the grease
trap piping has an open pipe at the end-remove the unused portion ofthe
14

waste and cap


Code;

58.

59.

60.

61.

off the pipe at the end, pursuant to 18-29-102.3 of the

PL234032
2
Install trap and/or waste and vent pipes, specifically the overhead inch
and
trap
the
vent line for the dishwasher and lavatory is trapped-remove
repipe to the vent stack, pursuant to 18-29-906.1 thru 906.2, 18-29
1002.1 of the Code;
PL156017
ces,
Repair or replace defective water supply piping and appurtenan
,
asher
dishw
the
to
specifically install air chambers on the water lines
pursuant to 18-29-102.3 ofthe Code;
PL235050
install
Protect plumbing system pipes from external corrosion, specifically
heater, and
a dialectic break on the hot water side ofthe bacicroom water
water line,
remove the 3/4 inchfemale adaptor to the 3/4 inch galvanized
pursuant to 18-29-305.1 ofthe Code;
PL239030
ically the
Provide proper flue pipe and draft hood for water heater, specif
er's
actur
manuf
the
water heater flue pipe has no pitch and exceeds
recommended distance, pursuant to 13-152-400 ofthe Code;

62.

PL151137
line off at the
Remove the dead-end water line by the doorway and cap the
source, pursuant to 18-29-202, 18-29-605.20 ofthe Code;

63.

PL239010
install plumbing
Engage licensed and bonded plumbing contractor to
pursuant to 18-29-106.1 ofthe Code;

64.

PL171017
pursuant to
Obtain permit for plumbing work before undertaking work
18-29-106.1 ofthe Code.

day thereafter, the


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

65.

001767
ically the
Abate the nuisance that may be perilous to life or property, specif
ng on
hangi
unit
ioning
exposed electrical writing to the middle air condit
exit doors
the rear wall in the alley, the dangling electrical light over the
and
cords
ical
electr
of
use
for the Blue Fin rear alley, and the excessive
power outlet strips, pursuant to 15-4-090 of the Code;
15

66.

67.

68.

69.

001412
and
Remove all obstruction from exitways that may hamper travel
Fin
Blue
the
for
evacuation, specifically the rear exit doors in the alley
160tenant are sealedfrom the outside with duct tape, pursuant to 13070, 15-4-880, 15-4-890, and 15-4-900 ofthe Code;
001269
trim with
Failure to provide interior wall and/or ceiling finish and/or
ically
materials having the proper spread rating for the occupancy, specif
of
out
the wall for basement stairs for The New D'Vine. is constructed
red by
firewood and is notfire ratedfor a minimum ofone hour, as requi
15-8-420, 15-8-400, and 15-8-430 ofthe Code;
001904
around the
Remove the large amount of garbage and debris in the alley
trash containers, pursuant to 15-4-970 of the Code;
001052
ancy with
Separate each occupancy in a building of mixed occup
ntally and
construction, providing proper fire resistive rating horizo
de one hour
vertically, from any adjoining occupancy, specifically provi
ge to the
minimum fire resistive separation from the rear basement stora
tment of
depar
first floor. Submit plans to and obtain permit from the
13-56-250, 13buildings before starting work, pursuant to 13-56-280,
32-040, and 13-200-130 of the Code.

able Court issue a fine


WHEREFORE, the City respectfully requests that this Honor
and in accordance with
against Defendants as provided under 13-12-020 of the Code
February 26, 2014, for the
13-12-040, of $500.00 per violation per day, beginning
violation per day, beginning
violations in paragraph 21(A)(1-10), a fine of $500.00 per
of $500.00 per violation
July 25, 2014, for the violation in paragraph 21(B)(11), a fine
21(C)(12-13), a fine
per day, beginning August 29, 2014, for the violations in paragraph
for the violations in
of $500.00 per violation per day, beginning October 20, 2014,
day, beginning October
paragraph 21(D)(14-64), and a fine of $500.00 per violation per
until the day this Court
28, 2014, for the violations listed in paragraph 21(D)(65-69),
enters a finding.
COUNT IV:
EF
BUILDING CODE VIOLATIONS: EQUITABLE RELI
22.

23.

and paragraphs 17The City re-alleges paragraphs 1-5 ofthe General Allegations
n as paragraph 22
21 of Count III above, and reincorporates those allegations herei
of Count IV and further alleges:
That the levying of a fine is an inadequate remedy to secure the
16

abatement ofthe

aforestated municipal code violations and the public nuisance which they
tion
constitute, and that it is necessary that a temporary and permanent injunc
ty
proper
t
subjec
the
bring
issue, and if necessary, that a receiver be appointed, to
into compliance with the Municipal Code of Chicago.
24.

25.

The subject property fails to meet the minimum requirements ofthe Municipal
Code of Chicago as described in the preceding paragraphs.
ent

The Injunction Statute for Building and Zoning Violations provides, in pertin
part, that:
In case any building or structure, including fixtures, is constructed
... or maintained, or any building or structure, including fixtures,
or land, is used in violation of an ordinance or ordinances ... the
proper local authorities ofthe municipality ... in addition to other
remedies, may institute any appropriate action or proceeding ...
(4)to restrain, correct or abate the violation.

13-12-070
See 65 ILCS 5/11-13-15 (2012); see also Municipal Code of Chicago
provisions of
(2000)(City may obtain an injunction requiring compliance with the
the Building Code).
26.

The Illinois Municipal Code provides, in pertinent part, that:


due
If the appropriate official of any municipality determines, upon
rm
confo
to
fails
n
investigation, that any building or structure therei
to the minimum standards of health and safety as set forth in the
applicable ordinances of such municipality, and the owner or
cause
owners ofsuch building or structure fails, after due notice, to
such property so to conform, the municipality may make
application to the circuit court for an injunction requiring
compliance with such ordinances or for such other order as the
court may deem necessary or appropriate to secure such
compliance.
See 65 ILCS 5/11-31-2(2004).

27.

28.

conduct of
Preliminary and permanent injunctive relief is necessary to end the
t property in
those defendants who own, control or otherwise manage the subjec
violation of the requirements of the Municipal Code of Chicago.
ise manage the
Moreover, the failure ofthe defendants who own, control or otherw
minimum
subject property to maintain the subject property according to the
ng injury to
ongoi
requirements of the Municipal Code of Chicago constitutes an
remedy at
the public health, safety and welfare, for which there is no adequate
and
reting
interp
("In
law. See Municipal Code of Chicago 13-12-010(2000)
instance be
applying said provisions ofthis code, such provisions shall in every
17

of
held to be the minimum requirements adopted for the protection and promotion
the public health, safety and welfare."). The prosecution and fining alone ofthese
defendants will not promptly abate the nuisance.
29.

only
Where a statute or ordinance authorizes injunctive relief, a municipality need
See
relief.
show that the statute or ordinance was violated to obtain injunctive
9 (1St
Village of Riverdale v. Allied Waste Trans., Inc., 334 Ill. App. 3d 224,228-2 (1St
959
Dist. 2002); City of Chicago v. Krisjon Constr. Co., 246 Ill. App. 3d 950,
(lst Dist.
Dist. 1993); City of Chicago v. Piotrowski, 215 Ill. App. 3d 829, 834-35
1991).

WHEREFORE,the City respectfully requests that this Honorable Court


A.

Order Defendants as follows:


1)
2)

B.

C.

D.

E.

to:

Immediately repair all of the above-listed violations;


Allow a complete interior and exterior inspection by the City of
have
Chicago building inspectors to verify that all required repairs
been completed and are in compliance with all applicable laws and
standards;

3)

Obtain all of the necessary permits required to perform the work;


and,

4)

Hire licensed and bonded electricians and plumbers to do the


necessary work, where applicable;

aint with
Appoint a receiver to correct the conditions alleged in the Compl
ers
receiv
sell
full powers of receivership, including the right to issue and
certificates in accordance with 65 ILCS 5/11-31-2, as amended;
or clean
For an order authorizing the plaintiff to demolish, repair, enclose
ants
up the Subject Property, if necessary, and a judgment against defend
65
and lien on the subject property for these costs in accordance with
ILCS 5/11-31-1(a), as amended;
If appropriate and under proper petition, for an order declaring the
for an
property abandoned under 65 ILCS 5/11-31-1(d), as amended, and
order granting the City of Chicago a judicial deed to the property if
declared abandoned;
1-1
If a statutory lien is obtained in this proceeding under 65 ILCS 5/11-3
osure
or 65 ILLS 5/11-31-2, as amended and for an order permitting forecl
of said lien in this proceeding;

18

F.

Award to the City court costs, attorney's fees and other costs related to the
enforcement of 65 ILCS 5/11-31-1(a) against the defendants; and,

G.

Any other relief that this Court deems appropriate.

Respectfully submitted,
Stephen Patton
Corporation Counsel
By:
Lindsay Baker
Assistant Corporation Counsel
Attorney No. 90909
30 N. LaSalle Street, Suite 700
Chicago, Illinois 60602
City of Chicago 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 Financial Bank, N.A.
c/o Molly Wiltshire
233 S. Wacker Dr., Suite 6600
Chicago, IL 60606
Peak Properties
C/O Michael Zucker
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., Unit 206
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., Suite 2100
Chicago, IL 60601
Derek Gifford
2750 Commons Dr., Unit 206
Glenview,IL 60026
S

UNKNOWN OWNERS AND NON-RECORD CLAIMANT