A Macomb woman who was removed from her home – along with nearly 40 animals – in May appealed the designation of her home as “uninhabitable” at Wednesday’s Macomb Zoning Board meeting.
A hearing was held at the Sept. 24 meeting, with homeowner Heidi Erickson contesting the authority of code officials who determined her 13 Hickory Grove home and premises as “uninhabitable.” Erickson did not appear at the hearing. Following an hour-long discussion, which included testimony from neighbors, City of Macomb community development and inspection staff and a police officer about the conditions of the residence and property, along with photos and body cam footage of the home, the Board voted unanimously to uphold the “uninhabitable” designation. While the five Zoning Board members present agreed the city could maintain the status of the home and keep it “red-tagged,” Erickson can still appeal the ruling, noted City Attorney Lisa Scalf.
Following the approval of an administrative search warrant under Illinois’ Humane Care for Animals Act and the Macomb Municipal Code following a police officer’s observations of the home earlier in the week, on May 2, nearly 40 animals were removed from the home 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. Two deceased felines were found in the refrigerator and freezer, and animal remains were found behind the appliance. 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.
Among those providing testimony at Wednesday’s hearing were Miranda Lambert, the city’s Community Development director, who shared photos and described the unlivable conditions of the home due to trash inside and outside of the home, overwhelming animal matter and pests. Erickson’s neighbors, Amanda Silberer and Korri Cameron, who live directly east and west, respectively, of the condemned property also spoke about their experiences over the past few years.
“We’ve dealt with this for a very long time. I cannot describe the smell to you, but I can tell you we cannot have people over and we cannot sit outside on our back porch. We can’t open on our windows on that side of the house and I don’t even like our kids to be outside,” Cameron told the Board. “With the food left outside, we have wildlife issues and we’ve had to pay a lot of money for an exterminator to come to our home. It has been stressful for everyone.”
Silberer also shared that the odor and the overgrown front and back yards have compromised their property. She said this all began because of the puppy that was reportedly tied to a wheelchair in the backyard. Silberer told Board members she could hear it barking “for hours on end.”
“We finally decided to get a fence, but after getting the property surveyed, we had to call the police because she was picking up the stakes on our property and throwing them at our house,” Silberer said. “This has gotten out of hand and it has been a long, long, long process.”
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 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.
On July 10, Erickson was scheduled for a first appearance in McDonough County Circuit Court for reported unsanitary conditions at her residence. During the hearing, Erickson who attended via zoom, refused personal jurisdiction of the court. On July 22, the city filed a motion to dismiss the code violation complaint in order to provide proper notice to Erickson. Scalf noted that the city remains committed to the remediation of the public nuisance conditions at the property and will continue its efforts toward resolution.
In addition to the ordinance violations from the city, State’s Attorney Matt Kwacala is investigating the situation to determine if criminal charges will be filed.
“We are undergoing a thorough review of the materials, along with the reports from our local law enforcement and city officials, and we are planning on pursuing criminal charges against Heidi Erickson,” Kwacala told The Community News Brief in an earlier story about the case.
In addition to her attempt to drop the ordinance violations, Erickson has filed a suit in U.S. District Court for the Central District of Illinois July 29 naming 70 individuals and organizations, including neighbors, the Humane Society volunteers and animal shelter staff, the mayor, police and more. In the suit, which is available for review on PACER, the federal court database, Erickson alleges her civil rights have been violated under 28 U.S.C. 1983 Civil Rights.
