City of Joliet v. Szayna

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2016 IL App (3d) 150092
Decision Date: 
Thursday, October 27, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
O'BRIEN

Court entered judgment finding Defendant, owner of multiple-unit apartment building, guilty of failure to abate violations of City's ordinance code and unlawful occupancy of a rental unit. Court properly entered default judgment against Defendant as to liability, as defendant failed to appear in person at 2 consecutive hearings, and nothing in record indicates Defendant's appearance from those hearings had been excused. Court erred in entering fines in amount of $239,240 without requiring Plaintiff to prove up damages. Defendant was properly defaulted as to existence of violations contained within complaint, but Plaintiff never proved up duration of defaulted violations. Remanded for limited hearing on issue of fines, where Defendant can be heard on matter of damages. (McDADE, concurring; CARTER, dissenting.)