The city of Harvey is the target of a new class action accusing the community in southwest suburban Cook County of issuing improper building code violation citations and conducting allegedly illegal building inspections against custom food maker American Kitchen Delights and others.
American Kitchen Delights, on behalf of itself and others, filed a new class action lawsuit against the city of Harvey, Raymond Law Group, Louis C. Raymond, Christopher Cohen, and B & F Construction Code Services on July 11 in Cook County Circuit Court. AKD is accusing the city of allegedly issuing illegal citations against AKD and unnamed class members for code violations on codes that are not in effect or do not exist in the city, alleged illegal administrative action, a supposed failure to disclose ordinances for public review and presiding over legal matters it has no jurisdictive right to adjudicate.
According to the complaint, Harvey had at one time adopted the so-called Illinois Plumbing Code to govern inspections of plumbing work in the city. However, that was later changed, when the city adopted Ordinance 2767, allowing the city to enforce different plumbing standards through the International Code Council.
However, according to the complaint, the city later began issuing citations to AKD and potentially other businesses under the Illinois Plumbing Code. Those citations were issued as a result of inspections allegedly performed by Harvey's contracted building inspectors, B&F Construction Code Services Inc.
According to the complaint, in March, B & F performed an inspection of AKD, reportedly finding and issuing citations against AKD for alleged grease in the sewer, water contamination and improper plumbing. According to the complaint, adjacent to B&F's inspection and subsequent citation, inspections made by the Illinois Department of Public Health at AKD's facility, found no code infractions.
AKD asserts in their complaint that no inspector or hearing officer in Harvey is authorized to prosecute supposed code violations in Harvey for the Illinois Plumbing Code, or any other building codes which do not officially exist or are no longer in effect. Despite this, the city has allegedly continued prosecuting citations issued against AKD and the unnamed class members.
AKD and the city of Harvey have been at odds for years. Since 2018, AKD has had multiple disputes with Harvey and others, from civil rights complaints to alleged illegal seizure and transfer of an AKD property.
A frozen foods manufacturer located in Harvey, American Kitchen Delights has operated for over 31 years, employing over 100 residents locally from the surrounding area.
The complaint estimates at least 40 other businesses may have been similarly cited improperly under the allegedly non-applicable building codes.
AKD is seeking a court order blocked the city from enforcing or continuing to issue citations or assess fines or fees against businesses for infractions of allegedly nonexistent code infractions. They are also seeking an award of statutory and punitive damages, plus legal fees.
American Kitchen Delights is represented by attorney Dennis E. Both, of Harvey.