Legal Question in Administrative Law in Illinois

I received two questionable citations from the city of chicago from the department of buildings. 1. cited for erecting a fence without a permit. I never erected a fence. All

fences were in place before I bought the property. I don't know when thery were erected or who erected them. A city representative claimed I am still liable for the violation. 2. cited for not having rain gutters on my property. My property, as well as all other properties in the townhouse complex, have a roof drain system, which was originally built during construction. Can these issues be succesfully challenged in court?


Asked on 10/13/09, 7:58 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I would think so. Review the statute. Most Judges are reasonable. You will have to prove that the fence was erected prior to your ownership. You could still be ordered to pay to take the fence down if it comes to that. If the roof drainage system is an adequate substitute for rain gutters you should be able to prove that to the Judge and obtain a waiver. I am also assuming that the other townhome owners have received similar citations. You should notify your homeowner's association and your contractor to see what they are doing about this.

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Answered on 10/18/09, 11:04 pm


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