2026 IL App (3d) 240408

DuPage County brought enforcement actions against a property owner, Arjmand, whose partially constructed home sat vacant for years after the building permit expired. The property deteriorated significantly, with unsafe conditions such as structural hazards, debris, vandalism, and repeated trespassing.  The trial court granted summary judgment for the County, ordered demolition of the property, and imposed substantial daily fines and costs. On appeal, the Illinois Appellate Court upheld the demolition order and most findings of liability, emphasizing the dangerous condition of the property and the owner’s long failure to complete repairs. It also affirmed summary judgment on liability for multiple code violations but did reverse in part on the fines.

TAKEAWAYS:

Demolition is justified when owners fail to act after a reasonable opportunity to repair. Even if a structure could theoretically be repaired, courts may order demolition when an owner has had ample time and opportunity to fix dangerous conditions but fails to do so. Long-term neglect and ongoing safety risks can justify demolition as a last resort.

In this matter, the court made clear that partial or temporary fixes (e.g., boarding windows, fencing) do not defeat liability when serious safety and code violations persist. A property can still be legally “unsafe” despite efforts to mitigate the most obvious hazards.

While the court upheld liability, it limited the government’s ability to impose fines. Fines must be based on specific, proven days of violation, and Courts cannot impose ongoing or future fines without evidence. Overbroad penalty calculations will be reduced or reversed.