City officials could now proceed to file a lawsuit against Thompson Appliance in Woodstock to force the demolition of the building that remains following a collapse in December if the owner does not make progress on the issue.
The Woodstock City Council voted unanimously during its recent meeting to pass a motion to allow the city attorney the right to proceed with legal action if needed against Thompson Appliance, 318 Clay Street in Woodstock.
The city council had previously delayed the vote on the motion in early April after business owner Bob Thompson and his daughter showed up to that council meeting and showed willingness to work with the city.
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 was previously non-responsive to emails and calls from city staff about a long-term solution, Noland said.
The city attorney will first have to mail a requisite 15-day notice to the owner and any lienholders before it would 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 last month to 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. 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.”
Turner said during the most recent city council meeting that it has been five months now that the destroyed building has been putting the public at risk, blocking the sidewalk and resulting in an ongoing road closure.
He said residents and businesses have grown increasingly agitated over the situation and the city is looking to make progress on the matter.
The mayor emphasized that the city does not want to take legal action against the business as long as they see progress being made. “Can’t be more clear — that’s not our goal.”
Bob Thompson said during the council’s April 21 meeting that he cannot proceed any further on the demolition of the building since he is waiting for the Illinois EPA to come up with a plan for the asbestos.
“We’re just looking for progress. Keep making progress. Overcommunicate with Roscoe [city manager]. Get him connected to your contractors and the process you’re going through and let’s get this thing corrected. That’s our only focus,” Turner said to Thompson.
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.