City officials could file a lawsuit against Thompson Appliance in Woodstock to force the demolition — or repair — of the building that remains following a collapse in December.
The Woodstock City Council was set to vote during its Tuesday board meeting on a motion to allow the city attorney to proceed with legal action against Thompson Appliance, 318 Clay Street in Woodstock.
The city council unanimously voted 7-0 to instead postpone the vote on the motion until its next meeting on April 21.
City attorney David Noland said the building remains in a “dangerous and unsafe” condition following a partial collapse that occurred on December 3.
The property is currently fenced off, boarded up and has temporary supports.
The owner has been non-responsive to emails and calls from city staff about a long-term solution, Noland said.
The city attorney will start by mailing a requisite 15-day notice to the owner and any lienholders before it could file a lawsuit in McHenry County seeking the court’s authorization to demolish or repair, or order the owner to demolish or repair the building.
The costs of the demolition or repair, costs related to enforcement, plus court costs and reasonable attorney’s fees, are recoverable against the owner, Noland said.
The costs are a lien against the property, which RLT Partners, LLC owns.
“Ideally, the owner takes a timely and responsible approach to putting the Property into compliance,” Noland told the city council in a memo.
Upfront attorney’s fees for the litigation could be $10,000 to $15,000 if the case is contested rather than a default.
The city will be required to prove the building is dangerous and unsafe and beyond reasonable repair if it wishes to obtain an order from the court for demolition instead of repair.
“This is commonly accomplished by calling City staff to testify regarding the element of dangerous/unsafe, and also an expert witness(es) that can provide opinions regarding the cost of repair, and the value of the building,” Noland said. Expert fees range from $3,000 to $5,000.
Hailey Thompson, the oldest daughter of business owner Bob Thompson, spoke during the city council and said the collapse occurred due to heavy snow.
She said no one was allowed into the building for almost a month, which delayed work in clearing the building but was then hampered by the presence of asbestos.
Hailey Thompson said conditions have improved and her father has continued working to clear the building since last month to prepare for the next phase. She said pursuing legal action against her father is “unproductive” and “unnecessary.”
Woodstock Mayor Mike Turner said he gives his sympathies to the family for what happened to their business and that it was “devastating.”
“The situation is that we’re now coming up on five months of a destroyed building that is a public risk,” Turner said, adding that there has been a lack of communication from the business on the situation.
Turner said the request that the city council will vote on at its next meeting does not mean that the city will take legal action but that it could.
Bob Thompson also spoke during the Tuesday meeting and expressed willingness to work with the city moving forward.
The Woodstock Fire/Rescue District previously said the roof collapsed and was discovered on December 3 by the building owner.
The business was not open when the collapse occurred and a further assessment indicated an imminent collapse of the entire building.
No injuries were reported but the building was deemed uninhabitable.
The building was later seen further degrading in December, with a portion of the upper facade, including the business sign, coming down.
Thompson Appliance is a family business created almost 100 years ago that opened its first store in Woodstock in 1929, according to its website. It features a 6,200-square-foot showroom with a variety of appliances for sale.