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Property owner misses deadline

May 30, 2007

Fox Point village officials are waiting for a report detailing the amount and quality of grading work done on a property that has been a source of litigation during the last three years.

The engineering firm of Ruekert & Mielke Inc., hired by the village, is expected to report soon on the condition of the work done at 6585 N. Birch Hill Court, a property owned by Chester Daxe.

"Nobody has told us a date when it is coming. Obviously, we will get it as soon as it's ready," Village Manager Susan Robertson said May 29.

The issue arose over three years ago when Daxe began constructing a house on the property. The village contended Daxe did not follow correct building procedures, including the use of too much fill.

"The property owner dumped truckload after truckload of fill material on that lot creating a huge pile of dirt that was an eyesore," Village Attorney Eric Larson said.

Daxe had until April 30 to comply with a court-ordered agreement with the village. The agreement stipulated he was required to hire an engineering firm to monitor and approve a site plan and to hire contractors to get the site in compliance with village code.

If Daxe did not comply, he would owe the village $25,000

"He has very nearly complied now," Larson said.

Daxe's attorney, Mark Pollack, said the April 30 deadline was not met.

"We, on behalf of Mr. Daxe, have asked the village to forgo the $25,000 penalty because we have continued to work toward getting the site into compliance," Pollack said. "Mr. Daxe is under the impression that he has completed all of the required grading and we are just simply waiting for the consulting engineer to give his opinion to the village."

Pollack recently wrote the village urging it not to insist on the $25,000 penalty.

"My reasoning was that the penalty was there for two reasons. Number one, to encourage Mr. Daxe to do the work, and number two, if he didn't do the work, to provide the village with the funds to do it," he said.

The board has met on several occasions behind closed doors to discuss the situation.

Attempts to reach Daxe were unsuccessful.

Brendan O'Brien can be reached at (262) 446-6602 or bobrien@cninow.com.

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