McHenry County staff report court victory, $35,000 fine for long-running junkyard violations

Planning and Development staff reported to the McHenry County Planning & Development Committee on Feb. 3 that a code-enforcement case filed in 2024 produced a guilty verdict at trial in September 2025 and a $35,000 fine for the owner of a junkyard property.

“We received our biggest fine ever,” a staff speaker said, describing the judge’s rulings that included an initial 60-day cleanup order, an extension of 30 days and, when the owner did not achieve compliance, a $35,000 monetary penalty. Staff told the committee the property includes heavy equipment, boats and fuels located close to a river, which was a factor in the court’s concern about hazardous materials.

Committee members pressed staff on how the fine and any cleanup would be handled. Staff explained that circuit-court accounting typically peels off portions of fines for court and state allocations and that the county’s share would flow to the general fund with an earmark indicating its source. Staff added that using the fine to pay for immediate cleanup on the property would generally require a lien or additional legal authority: if the county performs cleanup, it could seek reimbursement through a lien on the property.

“Right now, we don’t have the authorization to do the cleanup,” the staff speaker said. Members asked staff to return with details on whether the court’s action was strictly a financial penalty or whether the judgment imposes any direct cleanup obligation on the owner or the county.

The committee also discussed practical next steps, including whether the county should pursue further court orders that would obligate the owner to complete remediation or authorize county-led cleanup with a claim on the property. Staff said many of these cases move slowly through the enforcement and court process and asked the committee for direction; members requested a follow-up report that identifies the court order’s precise language, timelines and options for securing or earmarking funds for remediation.

The committee expressed support for continued enforcement and asked staff to provide a written update detailing the court action, what portions (if any) of the fine are payable to the county, and legal paths to ensure cleanup occurs if the owner does not comply.