The city filed 44 building code violations against the owner of a property where 10 children died in a fire Sunday.
The violations against Merced Gutierrez, owner of the building in the 2200 block of South Sacramento Avenue, include a smoke detector missing a battery, according to the Chicago Tribune.
Gutierrez could not immediately be reached for comment, and attorney Raul Serrato said he could not immediately comment on the charges.
There were no survivors of the fire that started on the back porch of an apartment in the rear building on the property. The victims were identified as Amayah Almaraz, 3 months; Alanni Ayala, 3; Gialanni Ayala, 5; Ariel Garcia, 5; Giovanni Ayala, 10; Xavier Contreras, 11; Nathan Contreras, 13; Adrian Hernandez, 14; Cesar Contreras, 14; and Victor Mendoza, 16.
The six citations for the building where the fire started will require Gutierrez to register the vacant building with the city, to submit plans from an architect or engineer for repairs, to repair the damages and to post contact information for the vacant property, according to city records. For the front building on the property, the violations range from the porch being obstructed by junk to evidence of rodents and a roach infestation, according to city records.
In October 2015, city inspectors cited Gutierrez for not having a smoke detector in the same unit where the fire started, city records show. The case, which also cited Gutierrez for failing to maintain exterior stairways in a safe condition, was given an administrative hearing, where the landlord showed he had fixed the problems, the city building department.
In 2014, the city cited Gutierrez for violations at another apartment he owned in Little Village. The property didn’t have a carbon monoxide detector, was kept at low temperatures, didn’t have a working space heater and didn’t have hot water, court records show. Gutierrez paid more than $2,000 to a court-appointed receiver for repairs, records show.
Gutierrez has maintained there were smoke detectors in the apartment where the children were sleeping. Investigators had been unable to find evidence of one, but on Wednesday investigators found remains of what they believe was a smoke detector without a working battery.
The cause of the fire was classified as “undetermined,” though investigators have not found evidence of foul play.
Gutierrez is expected to appear in Cook County court next week. [Chicago Tribune] — John O’Brien