KYLE
    NASH,
    Complainant.
    V.
    LOTIES
    JJMENEZ,
    Respondent.
    TN
    THE
    MAFTER
    BEFORE
    THE
    ILLINOIS POLLUTION
    CONTROL
    BOARD
    )
    )
    )
    )
    )
    PCB
    0797
    )
    (Citizens
    Enforcement
    — Noise)
    )
    >
    >
    )
    )
    NOTICE
    CLERK’S
    OFFICE
    OCT
    o
    72OO8
    STATE
    OF
    ILLINOIS
    POIIjjOn
    Control
    Board
    To:
    Clerk
    illinois
    Pollution
    Control Board
    100
    West
    Randolph
    Street
    Suite
    1-500
    Chicago, illinois
    60601
    Attorney for
    Respondent
    James
    M. Knox
    121 W.
    Chestnut,
    #3104
    Chicago,
    Illinois
    60610
    Bradley P. Halloran
    Hearing
    Officer
    James
    R. Thompson
    Center,
    Suite
    11-500
    100
    West
    Randolph
    Street
    Chicago,
    illinois 60601
    PLEASE
    TAKB
    NOTICE
    that
    I have today
    filed
    with
    the
    Office
    of
    the
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board
    a
    RESPONSE
    to
    Motiou
    to
    Dismiss
    and AFFIDAVIT
    OF
    SERVICE,
    a
    copy
    of
    which is
    herewith
    served
    óñ
    the asign4
    Heaiing Officer,
    the
    Resnondent,
    and
    the
    Respondent ‘s
    Attorney.
    Dated:
    October
    7.
    2008
    1630 W 33rd
    Place
    Chicago,
    Illinois
    606084202
    773,744.1954
    SeeLfullYsubrnY.
    Kyl,e ash.
    Pro
    Sc

    CLERK’S
    OFFICE
    OCT
    072008
    STATE
    OF
    ILUNOIS
    PARAGRAPH 1 of the
    Respondent’s Motion
    to Dismiss,
    by
    and
    through
    2t!f?1?e9,0fltroI
    Board
    James M.
    Knox, in part,
    states: ... this
    matter has a long
    history...
    In fact, this matter has a far lengthier
    history
    than any of the
    dates relating to
    the IPCB
    Complaint itself indicate. For
    almost a year or more,
    before filing the
    Complaint,
    I
    made
    innumerable
    attempts
    to resolve this
    matter privately. All were
    unsuccessful.
    My initial attempts included courteous
    and respectful
    - informal,
    as
    well
    as more formal -
    verbal and
    written
    communication with
    the Respondent. When
    I eventually
    became
    aware
    of an Illinois law that
    I thought pertained
    to the problem,
    I called the IPCB
    Attorney-of-the-Day
    to
    make
    certain and was
    told
    that it did.
    At that point,
    I provided the
    Respondent
    with
    aprinted copy of
    that
    law,
    along with
    yet another respectful
    request to
    remove the wind chimes. They were
    not
    removed.
    At
    that time,
    the Respondent
    was (and
    to the best of knowledge
    still is) employed
    by the
    City of Chicago as a Law Enforcement
    Officer. Having
    been presented with
    a printed
    copy
    of that
    law,
    I assumed that he would
    immediately
    comply
    with
    it. He did not.
    Furthermore, at that time, I overhead
    the Respondent
    outside, telling
    the long-term
    live-in
    boyfriend
    of the Respondent in
    concurrent Complaint
    PCB 07-96, that no
    one had to do
    anything about their
    wind
    chimes; everyone
    could leave them
    up. This subsequently
    prompted the
    boyfriend
    to tell me that if a “cop”
    thought it was OK to leave
    the
    wind
    chimes up on
    hi
    property,
    then it was OK for
    them to leave theirs up,
    too.
    Since concurrent Complaints were filed with
    the IPCB, the Respondents
    in both of them
    and
    the
    live-in boyfriend of 07-96
    have even more frequently,
    publicly, and sometimes
    loudly and profanely conferred
    with
    one another
    on this matter, frequently in front
    of my
    home where the windows are open. Further
    indication
    of just how closely
    these
    neighbors/Respondents have been involved together
    on these matters is their recently
    retaining the same attorney, James M. Knox.
    Having provided the Respondent with a written
    copy of the Illinois state law that
    addressed this problem, yet without success
    regarding the removal of the wind chimes,
    I
    made one
    final
    attempt
    to
    resolve
    the matter privately. I requested that the problem
    be
    mediated
    between
    us (at no cost to either party) through the Center for Conflict
    Resolution (CCR) located in Chicago’s
    Loop.
    CCR’s policy is to mail a printed copy of the initial request to the Respondent, followed-
    up by
    two (2) phone calls. Having received no
    response from the Respondent after those
    three
    contacts, CCR documented their unsuccessful attempts and sent me a copy. (That
    document
    was filed
    as
    an attachment
    to the initial Motion for Summary Judgment and
    referenced in the Amended Motion for Summary Judgment.)
    In summary, before filing my initial Complaint with the IPCB, I tried everything within
    my
    power
    to
    resolve the matter reasonably, constructively, and privately with the
    Respondent, all to no avail.

    PARAGRAPH
    2
    of the Respondent’s
    Motion to
    Dismiss, by and through
    his
    attorney,
    James M. Knox, in part,
    states:
    the relief sought
    by
    the complainant
    is
    that the Board “order
    that the
    Respondent
    stop polluting.
    This wording for the relief sought is
    intentional;
    it seeks the broadest
    possible
    remedy. I
    do not feel that the Respondent has acted
    appropriately
    in this matter or in
    good faith.
    Respondent replaced the huge wind
    chimes on his
    front porch with smaller
    ones.
    The
    huge wind chimes were then relocated
    to
    the Respondent’s
    back yard. (Photographs
    of
    those wind chimes
    were
    filed as an
    attachment
    to the initial Motion for
    Summary
    Judgment
    and referenced in the Amended
    Motion
    for Summary
    Judgment.) At
    some
    point
    after
    the second,
    third,
    or maybe even
    fourth Phone
    Hearing, I saw that
    the
    Respondent had finally removed the
    smaller wind
    chimes from the front.
    Because of his actions and his earlier
    advice
    to
    the Respondent in Complaint
    PCB 07-96
    and
    her live-in boyfriend,
    I do not believe
    the problem will
    be
    decisively resolved
    without
    a judgment in my favor
    for the broadest
    remedy. Anything
    short
    of a broad
    judgment will, instead, very likely
    result in future
    noise being emitted
    from his property.
    The exact nature
    of
    that future noise might
    take different forms
    than
    wind
    chimes — for
    example
    excessively loud
    music and/or noise
    from
    outdoor parties, early-morning
    banging, resumption of
    allowing
    their
    dog to bark non-stop,
    etc.
    Having
    learned
    a great
    deal from
    this
    case,
    I believe
    the Respondent would
    become
    more clever,
    perhaps
    hiding
    the
    source of the noise
    so
    it would
    not be easily
    detectable, if detectable
    at all. I further
    believe that without
    a
    broad
    Judgment in my favor,
    the Respondent’s reaction will
    further
    escalate and his retaliation and harassment
    of
    me will
    continue.
    My
    reasons for making
    these claims are
    as
    follow:
    There
    have been noise
    issues involving the Respondent
    since he first moved into our
    previously quiet neighborhood
    any number of
    years ago. I
    have
    personally and directly
    addressed each issue
    with
    the Respondent
    as
    it
    has arisen in a courteous and respectful
    manner. While these previous issues
    have
    eventually been resolved, the interactions
    on
    the Respondent’s end have been neither courteous
    nor respectful. I have been treated
    with ever-increasing disdain, by the Respondent
    and other members of his household,
    and
    the resolution of one noise problem is followed,
    at some point, by yet another noise
    problem.
    Further,
    regarding this
    Complaint, which involves wind chimes,
    a
    direct, retaliatory
    connection is clear to me.
    Wind
    chimes first became an issue immediately following
    a
    protracted interaction over non-stop noise from their
    barking dog,
    which would
    continue
    literally unabated
    day-after-day
    for
    hours on end.
    Within
    several
    days
    following the resolution
    of the barking
    was
    resolved, the Respondent
    purchased
    wind
    chimes that
    were
    approximately 2 1/2 feet in length and carried them
    from
    his
    car
    up
    his
    front steps. Unaware
    that
    such large
    wind
    chimes
    even
    existed, I
    curiously watched
    while
    they
    were
    immediately hung on his front porch. Our two houses
    are located only 6 feet apart and the Respondent has a very loud, resonant, and distinctive
    voice.
    I clearly overheard from my open window a discussion directed toward my home
    punctuated by s
    laughter, which included
    statements
    such as,
    “This will really
    get
    her
    now!”

    Upon
    being
    served
    with
    her
    initial
    Complaint,
    the Respondent
    in
    concurrent
    case
    IPCB
    07-96
    (neighbors
    directly
    on the
    other
    side of
    my
    house)
    handed
    the
    Respondent
    in
    this
    case
    (as
    he sat
    outside
    on
    his
    front
    steps),
    a copy
    of her
    Complaint.
    As
    he looked
    over
    the
    document,
    I clearly
    heard
    through
    open
    windows
    the Respondent
    in
    this case,
    state
    loudly,
    emphatically,
    and repeatedly
    that it
    was “bulishit.”
    Furthermore,
    for the
    first
    time in
    the 20
    years
    that
    I’ve
    lived in
    my home,
    after
    the initial
    Complaint
    (IPCB
    07-97)
    was
    filed with
    the
    IPCB,
    dog feces
    and
    assorted
    garbage
    have
    been
    tossed
    into my
    fenced
    back
    yard as
    well
    as
    in my front
    yard.
    In addition,
    I
    personally
    witnessed
    a
    large
    tree branch
    being
    intentionally
    thrown
    from
    the
    Respondent’s
    section
    of
    the
    parkway
    onto
    my
    own.
    More
    seriously,
    for
    the first
    time in
    the
    35
    years I
    have lived
    in
    Chicago,
    20
    years
    of that
    time
    in my
    current
    home,
    I
    began
    receiving
    unexpected
    calls,
    visits,
    and inspections from
    various
    Chicago
    City
    Departments
    and
    the
    Chicago
    Police,
    along
    with
    increased
    frequency
    of
    graffiti
    on my
    garage.
    Suspecting
    these
    occurrences
    may be
    directly
    related
    to
    my
    IPCB filing,
    I was
    able
    to determine
    from
    official
    3 11/911
    records
    that the
    Respondent,
    in
    fact,
    initiated
    some, if
    not all,
    of these
    actions.
    (See
    examples:
    Attachments
    1 and
    2)
    PARAGRAPH 3 of the
    Respondent’s
    Motion
    to Dismiss,
    by
    and through
    his
    attorney,
    James
    M.
    Knox,
    in part,
    states:
    .the
    complainant
    refers
    to
    certain
    wind chimes
    allegedly
    located
    on the
    Respondent’s
    residential
    two-flat
    property,
    adjacent
    to complainant’s
    residence
    based
    upon
    her
    observations
    and
    recording
    that
    she
    obtained
    in 2007.
    Nothing
    stated
    in Complaint
    PCB
    07-97
    or related
    to
    Complaint
    PCB
    07-97
    is alleged.
    Copies
    of
    photographs
    of
    both sets
    of
    wind
    chimes
    as
    well
    as
    a
    recording
    of
    the
    actual
    noise
    from
    those
    chimes
    (as
    heard
    from inside
    my
    home
    6 feet
    away),
    were
    filed
    as
    attachments
    to
    the
    initial
    Motion
    for
    Summary
    Judgment
    and
    referenced
    in
    the
    Amended
    Motion
    for
    Summary
    Judgment.)

    PARAGRAPH 4 of the Respondent’s
    Motion
    to Dismiss,
    by
    and
    through his attorney,
    James M. Knox, in part, states that I
    Ithe
    Complainant] in
    my Amended
    Motion for
    Summary
    Judgment had acknowledged
    that the wind
    chimes had been removed.
    In fact, after my complaint
    was
    filed the wind
    chimes from
    the front porch were
    taken
    down.
    However,
    before they were removed
    I made it
    clear to the Respondent
    in one or
    more phone hearings
    with
    the
    Hearing
    Officer “present,”
    that the case would
    move
    forward regardless of if or when
    the chimes
    might be removed. The
    reasons
    are outlined
    in this Response.
    In addition, I told the Respondent and Hearing
    Officer that
    I was still hearing
    chimes but
    could no longer determine exactly where
    they were located.
    I suggested that
    the original
    chimes
    had possibly been intentionally
    relocated
    and/or other chimes
    hung in a position
    that I
    would
    be
    unable
    to determine. The
    Respondent’s back yard
    is covered
    by
    large
    vegetation, large patio umbrellas,
    and many
    other objects, and is fully
    enclosed
    by
    a
    high
    board fence. I can see
    almost
    none of the
    backyard.
    IN CONCLUSION, seeing this case
    through
    to a positive
    official
    outcome for
    me from
    the
    IPCB is crucial. The Respondent
    has never
    taken this matter seriously
    and has
    continually felt that it’s been in his best interest
    to disregard every
    attempt I made to
    resolve this matter
    privately,
    before
    filing
    a
    formal
    Complaint with the
    IPCB.
    No
    resolution has ever been sought, even
    privately,
    by
    the Respondent
    during the
    innumerable months this case has continued
    and he has chosen only very recently
    to
    retain an attorney.
    There is a
    long prior history with
    the Respondent of problems related
    to unrelenting
    noise. The
    Respondent
    has demonstrated that he is not
    open
    to mediation and, even as
    a
    Chicago Law Enforcement Officer,
    has utter disregard for the law (even when
    that
    law
    is
    presented to him in print). In addition, he advised
    my neighbors (in Concurrent
    Complaint
    IPCB 07-96) that the entire matter was
    “bullshit.” Furthermore, documented
    evidence
    has been provided
    as
    Attachments,
    of the Respondent’s retaliation
    and
    harassment toward me.
    I do not expect the Respondent’s attitude, actions, or behaviors
    to
    change.
    In addition,
    without
    knowing this neighbor was himself a Chicago Law Enforcement
    officer, I have
    been told at my Chicago Police District that my presenting an official
    judgment from the
    IPCB
    is the only document that Law Enforcement
    Officers
    would
    honor if called to my
    home in the
    future for noise problems with
    the Respondent.
    Therefore,
    I respectfully request that the Board find
    in my
    favor with
    the broadest
    possible
    remedy,
    thus decisively
    ending
    this matter. Granting a judgment in my favor
    would be the
    minimal deterrent
    to
    the Respondent regarding
    continued, escalated, and/or
    more
    “creative” ways of emitting noise from his property in the future, as well as
    preventing acts of
    retaliation and harassment toward me in the future.

    Service
    Request
    Summary
    Report
    Printed
    Date:
    Oct
    06,
    2007
    09:31
    AM
    ype:
    Sanitation
    Code
    Area:
    Ward
    1
    1
    Group:
    Bureau
    olSanitation
    - S/S
    Jurisdiction:
    City of
    Chicago
    Input
    By:
    CC
    Groups:
    Location:
    1630
    W 33rd
    P1, Chicago,
    11,
    60608, Cook
    Location
    DetaIs:
    ATTACH.ENT
    1
    Priority:
    Standard
    Status:
    Comp!eteci
    Method
    Received:
    Phone
    call
    L
    .—
    •••——K.
    j
    Partkipants
    J’
    BUILDING
    OWNER
    j
    BUILDING
    CONTACT
    I
    CALLER
    I
    CONTACT
    RESPONDENT
    Personal
    Notes
    To Self:
    Streets
    and
    Sanitation
    Superintendent
    Joe
    McMuIIin
    (11th
    Ward)
    came
    out
    and spoke
    with
    us
    He
    said neighbors
    frequently
    call
    in
    retaliatory
    complaints.
    If
    the
    complaints
    are
    unfounded,
    they’re
    unfounded.
    Nothing
    happens.
    (Nothing
    did
    happen.
    He
    left;
    I
    never
    heard
    from
    him
    again.)
    JIMENEZ,
    LEWIS
    Name
    Mdrss
    Phone
    NASH,
    KYLE
    ‘1030W
    33RD
    PL CHICAGO,
    IL,
    60608
    June,
    2007
    773-847-3766

    2007-Sep-28
    09:21
    AM
    Chicago
    Dept
    of
    Transportation
    Service
    Request
    Summary Report
    Prjnte
    Date:
    Se
    2B, 2007
    1O:7
    AM
    3/9
    ATTACHMENT
    2
    Area:
    Ward
    11
    Jurisdiction:
    City
    Location:
    1630
    W
    33rd
    P1, ChicagO,
    Ii,
    60608
    Cook,
    Kyle
    Nash
    Piioriy:
    Standard
    tatu:
    C6rñpIetd
    Status
    Dat:
    Sap
    05,
    2007
    04:25
    PM
    Created
    Dati6
    1
    2007
    11:27AM
    Created
    As:
    OihaI
    Method
    Received:
    Internet
    AL!RMAN
    CA
    LER/CONTACT
    BALCR,
    JAMES
    11TH
    WARD
    ehezIañdmt.ne.

    SEAL
    Cristina
    Battafl
    Notary
    PuNk.
    State
    ot
    011n045
    Mv
    n.sson
    ExpkesJaWJalY
    312011
    CEJC[FiC
    T!O\
    C.i4iA._.onoh
    or
    affirmation,
    stat4
    that I have read
    the
    forevoing
    and that it
    is
    accurate to
    the
    best of mu
    ((ornniainan
    Sub:cribed
    to and
    sworn
    hefhne
    me
    this
    day
    otr
    Notary
    Pnhlic
    Mv commission
    cxpircs:
    4.a5.
    j
    (

    (;ERTIFICATE
    OF
    SERVICE
    I. the
    andersinned.
    on
    oath or affinnation, state
    that on (month,
    day.
    year)
    October 7, (
    g
    tS
    , I
    served
    the attached
    notice and
    cc
    a
    a
    0 ‘cc
    to
    the respondent
    by:
    rnlad nail
    (itt
    ich tops oh Cuupt
    it d\ a] ink
    othern
    ne son
    must
    tild eeeipt later
    with
    Clerk)
    registered mail (attach
    copy oF receipt
    it a ailable, otherwise
    You tnitst tile receipt ater with Clerk)
    messenger
    sen ice
    (attach copy
    of receipt it’availahle,
    otherwise
    you
    mus.t
    tile receipt later with
    Clerk)
    ptr’ad it sc
    c
    (a’
    aca it
    tida
    it
    it n ulahle
    otot,
    w NC son
    must tile affidavit
    later with
    Clerk)
    to
    the
    address below:
    RESPONDENT’S ADDRESS:
    Ii
    J imeiie/
    name
    Street
    .JOZLW,_3JrcLPia,cc
    City,
    state,
    zip
    code
    Thieagojlhnoisd
    (LQ86ZO,2
    ,, —
    (list each
    respondent’s
    name and address it’
    multiple
    respondents)
    -—
    Street
    1630 W. 33rd Place
    City, state.
    zip
    code
    Cbic.ago,UIinoi.s
    ,6fl&0.8&2fl2
    ,,,.
    Sahscjihed
    to and
    sworn hettire inc
    thi
    jth
    dan
    tFECIALSEW
    QisUna
    Barcaza
    c
    LrSresJanury312O1
    1
    Notary
    Public
    C,,,,
    My
    eotnnission
    expires:
    3.L
    1
    1

    LEJIEIHcATE
    OF
    SERVICE
    I,
    the ormernifled.
    on
    call:
    ci
    etlirmanorn stale that
    ott
    (month, cay,
    sear)
    (;
    ml
    I
    ci n
    a
    1citcct
    note
    nd
    Response to
    islet
    mu to Dismiss: to
    Respondents attorney by:
    ccii.
    :ied mcI
    tattech
    copy ot
    receipt tf :is.ailuhle, otherwme
    you must
    tnc’ receipt
    3tei e,tth
    (.‘lerk
    I
    tee:steied
    tie:
    1 tattoO
    copS
    cit
    receipt U
    ac a:latitc,
    othet’w:se
    S-oil
    meat tile iceciot later th clerk
    ntesse:i>.er
    seritee (attach
    curt) of
    receipt ifas
    adah!e,
    orhenisise
    you
    must tIe
    reeetpt later
    wtth
    ( lerkt
    /<
    personat
    seri
    tee (attoelt
    atlirtavit it
    avatlat)Ie, or’ cruise
    you
    muct
    rile atthtac::
    Leer
    a
    nh
    CierIt
    totiie
    ,idcltess
    tieluss.,
    Name
    .t tunes
    M lInes. \ t
    noes
    I
    si
    the
    Rests
    mdent
    Street
    (.testrmt Liwet.
    21
    W.
    Chesmut.,
    $3
    101
    1
    tao
    /1 0 (
    I’
    0 2
    Jb
    I
    list cactI
    respondent a name and address if multisde
    resPole<tst
    S’teet
    1650
    Ys’,
    33rd Place
    (ItS. state,
    zip code
    Chicago, lttmojs
    S
    ubsent
    led to
    a:
    a)
    ccc
    is: he tore
    me
    noç?’t4i
    day
    0
    j,
    j.,.JZ,
    .,.
    2U&
    f”
    trnciAt
    SEW
    liii
    \ly
    eotrn:nscnIo
    expires
    3),
    1..j

    Back to top