A judge ordered a McHenry County property owner to pay over $35,000 after the county filed a lawsuit against him for repeatedly violating ordinances and maintaining a storage yard at a home near Cary.
McHenry County filed a lawsuit against James Aldana in June 2024 alleging he was in violation of the county’s Unified Development Ordinance.
The state’s attorney’s office’s lawsuit sought a court-issued injunction and civil penalties for the code violations.
A bench trial was held in September before McHenry County Judge Joel Berg.
Berg found that Aldana failed to bring the property into compliance despite having received several notices and warnings.
The judge imposed a $35,104 fine on Aldana on January 26 during a sentencing hearing and also ordered the owner to immediately bring the property into compliance.
County officials said Tuesday that they will bring the property into compliance at the owner’s expense should he not remove the items in a “timely manner.” Court records indicate the case has been closed after the items were removed from the property.
An inspection was first conducted by McHenry County Department of Planning and Development employees at the property, located in the Rawson Bridge subdivision in the 800 block of Tuxedo Lane in unincorporated Cary, in January 2023.
The inspectors found the property was being used to hold multiple boats, cars, boat and auto parts, machinery, building materials, lawn furniture and other discarded items. There was also a storage shed on the property.
The Planning and Development employees returned in November 2023 and again observed the presence of a storage yard, according to a complaint.
The Unified Development Ordinance requires parcels to either be zoned for industrial use or have a conditional use permit, county officials said.
Aldana, who represented himself in the case, made several unsuccessful arguments, including claiming that the county’s definition of “storage yard” was too vague.
Aldana had previously pleaded guilty to two other complaints filed in 2019 and 2022.
“This property was a danger and an eyesore that violated ordinance, and the owner, despite repeated warnings, had no interest in cleaning it up,” McHenry County Board Chairman Mike Buehler said Tuesday.
“Let this ruling, and the hefty fine handed down with it, serve as a reminder that our Unified Development Ordinance will be enforced,” Buehler said.
McHenry County State’s Attorney Randi Freese said she commends the Planning and Development Department for their persistence and diligence in investigating the ordinance violations and for the ongoing partnership with the Planning and Development Department and the McHenry County Board.
“When we consistently enforce zoning ordinances and prevent properties from turning into junkyards, we’re not just upholding regulations—we’re protecting the safety, health, and beauty of our community,” Freese said.
“Clear standards preserve property values, reduce hazards, and ensure that our neighborhoods remain places we’re proud to call home,” Freese added.