MACOMB– A Macomb woman in the center of an alleged animal hoarding case had a first appearance in McDonough County Circuit Court July 10 for reported unsanitary conditions at her 13 Hickory Grove residence, which remains condemned.
Heidi Erickson, who is representing herself, filed a motion to dismiss the alleged ordinance violation charges July 9. During the July 10 hearing, Erickson attended via zoom, and refused personal jurisdiction of the court. A motion to dismiss hearing cannot be scheduled until the defendant (Erickson) is served.
In addition to her motion to dismiss, Erickson had also attempted to file a federal lawsuit seeking a temporary restraining order against the City of Macomb for what she described in the court order as 'being unlawfully removed from her home and her use of therapy animals,' which is available on the federal court database, PACER. Northern Illinois Federal District Judge Charles Kocoras dismissed the suit/motion, and advised Erickson that the case was complete and she was to make no additional filings.
City Attorney Lisa Scalf told the Community News Brief last month that following the 'red-tagging' of the home due to the purported unsanitary conditions, which prevents anyone from inhabiting the home, Erickson was allowed time to remediate the property, which is provided in most code enforcement cases; however, when remediation was not completed, the city filed its complaint. The complaint, which was filed in the McDonough County Circuit Clerk's office June 9, outlined the requirements under the International Property Maintenance Code (IPMC) Sec. 301.2, which requires the owner of property to maintain the premises, and if there are unsanitary or unsafe condition, no one is allowed to live in the home. Other sections of the code outlined in the complaint pertain to ensuring the interior of the structure is maintained in good repair, is structurally sound and sanitary, and that the interior be free from rubbish/garbage and from insect/rodent infestation.
The complaint also noted that defendant's continued alleged violations 'constitute a public nuisance and poses an ongoing threat to the health, safety, and welfare of the public.'
In addition to the ordinance violations from the city, State's Attorney Matt Kwacala is investigating the reported hoarding situation. Kwacala told the Community News Brief his office, after requesting materials from out-of-state officials, is now in possession of police and court reports and related materials regarding Erickson's other animal hoarding/neglect cases in other states.
'We are undergoing a thorough review of the materials, along with the reports from our local law enforcement and city officials,' Kwacala added. 'When we are finished reviewing the documentation, if we determine any of Ms. Erickson's actions are criminal in nature, we will file the appropriate criminal charges.'
On May 2, nearly 40 animals were removed from the home of Heidi Erickson at 13 Hickory Grove by animal welfare and law enforcement staff. In addition to the 30+ Persian cats, two of which were pregnant, removed from the home, three young chickens and a young English Setter breed canine were also remanded to the animal shelter. The shelter is currently holding and caring for some of the animals, while others have been moved into temporary foster homes for care. Upon execution of the warrant on the second day of May, the property was deemed uninhabitable. Erickson is not allowed on the property for any reason other than to clean, according to public officials.
Open code enforcement cases against the homeowner, which were obtained from the city through a Freedom of Information Act request, include: smell emanating from the residence (May 9) and overgrown grass and weeds/ city mowing charges (May 13 and 20). According to Community Development Director Miranda Lambert, the city has mowed once to date. City mowing charges are $150/hour for the first mowing, with charges of $200/hour for second and subsequent mowing.
According to the police reports obtained via FOIA, on April 23, officers from the Macomb Police Department first visited the Hickory Grove home after failing to reach her by phone to address a reported dispute with a neighbor. Erickson purportedly refused to speak with officers. Based on the officer's observations, which included detecting the odor of animal feces and urine, as well as decomposition, emanating from the residence, on April 29, a sworn affidavit was completed and filed with the city attorney for an administrative search warrant to investigate violations related to the care, treatment and housing of animals as well as property maintenance in a sanitary condition under Illinois' Humane Care for Animals Act and the Macomb Municipal Code. The warrant was signed off by McDonough County Judge Heidi Benson on May 1, authorizing City of Macomb employees, police officers and Animal Control entry into the residence at Hickory Grove.
