ORDINANCE NO. 926-070516
THE OGLESBY, ILLINOIS RESIDENTIAL RENTAL PROPERTY
NUISANCE PREVENTION ORDINANCE
WHEREAS, the corporate authorities of the City of Oglesby have determined that certain residential rental property in the City of Oglesby may be in such a condition or state of disrepair so as to constitute a public nuisance; and
WHEREAS, the corporate authorities of the City of Oglesby find that certain residential rental properties in the City of Oglesby may have significant building code violations which result in both a public nuisance and the possibility of harm to the public health, safety and welfare; and
WHEREAS, the corporate authorities of the City of Oglesby find that residential rental properties within the corporate limits of the City of Oglesby account for a disproportionate share of the violations of the building codes adopted by the City of Oglesby and, in certain cases, have deteriorated to the point where these structures constitute either a public nuisance, or other problems affecting public health, safety and welfare and impose disproportionate municipal costs to the community; and
WHEREAS, the City of Oglesby finds that a wide variety of different nuisance conditions, including physical conditions of certain residential rental properties, harm public health and safety and welfare; and
WHEREAS, the City of Oglesby finds that the conditions described in Exhibit A attached to this ordinance set forth examples of property conditions which, if left unabated and allowed to deteriorate, can or will inevitably lead to public nuisances; and
WHEREAS, the corporate authorities of the City of Oglesby believe that an ongoing regulatory inspection regime (as distinct from complaint driven enforcement) will likely reduce the number and reoccurrence of public nuisance conditions within the corporate limits of the City of Oglesby; and
WHEREAS, while the City of Oglesby recognizes that most residential landlords are responsible property owners, the corporate authorities of the City of Oglesby have tried to develop a targeted approach to residential rental property inspections in an effort to address and avoid conditions which if unabated and not repaired could result in the real estate becoming a public nuisance; and
WHEREAS, the police power as well as the power to provide for the public health, safety and welfare of the residents of the City of Oglesby is adversely impacted when residential rental properties are allowed to deteriorate to the point where they become a public nuisance; and
WHEREAS, the corporate authorities of the City of Oglesby have determined that certain serious violations of the building, electrical and plumbing codes adopted by the City of Oglesby, if unrepaired or unabated, can cause properties to deteriorate to the point where they become public nuisances and this ordinance is designed to provide for the inspection of residential real estate and the repair of any building code violations found during the course of an inspection before the property deteriorates to the point where the property becomes a public nuisance; and
WHEREAS, Section 11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) authorizes the corporate authorities of the City of Oglesby to define, prevent and abate nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMISSIONERS OF THE CITY OF OGLESBY, LASALLE COUNTY, ILLINOIS, AS FOLLOWS:
1. The findings contained in the preamble to this ordinance incorporated by reference and restated herein as if set out in full verbatim.
2. This ordinance is adopted to prevent the deterioration of property and to require the owner of rental real estate to correct any building code violations on the property which, if not repaired or abated, could result in the property deteriorating to the point where the property becomes a public nuisance. Attached to this ordinance and incorporated by reference as if set out in full herein are examples of safety conditions which, if not corrected or repaired can develop into public nuisances. Exhibit A is an example of conditions which, if not repaired or abated can result in property deteriorating to the point where the property becomes a public nuisance, but Exhibit A is intended to be an example, but not an exhaustive list, of possible conditions leading to public nuisances. The Building Inspector or designee.
For the purpose of this ordinance, the following shall apply unless the context clearly indicates or requires a different meaning.
CODE OFFICIAL. The Building Inspector or designee.
DWELLING. A building, or a portion thereof, used exclusively for human habitation.
DWELLING UNIT. One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed, occupied or intended for use by 1 household.
HOTEL. A building in which lodging with accompanying bathrooms is provided and offered to temporary guests for compensation and in which ingress and egress to all rooms is provided through an interior lobby or office supervised by a person in charge at all hours. Maid service, linen laundering, telephone and secretarial or desk service are also provided for lodgers in contradistinction to a motel or a rooming house which are separately defined within this ordinance.
LANDLORD. Any person, firm, partnership, corporation or other legal entity operating, maintaining or offering to rent within the City of Oglesby a rental residential property whether vacant or occupied.
MOTEL. A building or group of buildings in which lodging rooms with accompanying bathrooms are provided and offered primarily for temporary guests for compensation in contradistinction to a hotel or a rooming house which are separately defined within this ordinance. A motel also furnishes services such as maid service and linen laundering and provides secretarial and desk service.
MULTIPLE-FAMILY RENTAL RESIDENTIAL PROPERTY. A rental residential property with 2 or more dwelling units.
PROPERTY AGENT. A person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the Code Official to manage a rental residential property including the authority to receive notices or citations.
RENTAL RESIDENTIAL PROPERTY. Dwellings, dwelling units, rooming houses and rooming units let or intended to be let for rent or lease.
ROOMING HOUSE. A building containing rooming units in which meals may or may not be served in contradistinction to a hotel or motel which are separately defined within this ordinance.
ROOMING UNIT. A room rented or leased as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping facilities shall be counted as 1 rooming unit for the purpose of this ordinance.
SINGLE-FAMILY RENTAL RESIDENTIAL PROPERTY. Rental residential property with 1 dwelling unit.
TENANT. Shall mean any adult lessee and/or adult occupant who is a resident of rental residential property other than a lessee who occupies the rental resident property pursuant to the lease of the lessee with the owner.
4. Inspection Rights and Penalties: No affect on Leases.
(A) The remedies provided by this Ordinance are also in addition to remedies provided and available to the City of Oglesby and law enforcement agencies in reference to alleged violations of other Ordinances and/or alleged violations of criminal laws of the State of Illinois and/or the United States of America. This chapter shall not be construed as to restrict the right of this City to inspect any property nor to seek penalties for violations of other provisions of the other City ordinances, State and/or Federal law and/or State and/or Federal regulations.
(B) That in addition to the provisions regarding fees charged in regard to applications as provided within Section 5 (6) of this ordinance, there shall henceforth be the following additional fees and charges.
1. That in regard to fees in connection with inspections required and/or allowed by this Ordinance, the following additional charges shall be applicable:
(a) Initial inspection and/or initial change of tenancy inspection as provided for in this ordinance - No Fee
(b) First follow-up inspection in regard to initial required inspection and/or change of occupancy inspection in respect to compliance with the recommendations requirements of the initial inspection/change of tenancy inspection - 40.00
(c) Second follow-up inspection in regard to compliance regarding the recommendations and requirements o the initial inspection and/or change of tenancy inspection -$75.00
(d) Third follow-up inspection in regard to compliance regarding the above referenced requirements and/o recommendations of the initial inspection and/or change of tenancy inspection -$75.00
(e) That there shall be an additional charge assessed and due from the owner in regard to any scheduled inspection missed by the owner -$75.00
That additionally, it is provided that the above graduated fee for inspection Schedule and related charges shall be reinitiated upon each change of tenancy/occupancy provided that the landlord has previously complied with any required remediation in accord with earlier inspections, i.e. in the event that there should be a change of occupancy following an initial inspection concerning which there had been compliance with the requirements of this Ordinance as approved by the building inspector, then the new change of tenancy/occupancy shall have no fee charged for the initial inspection on said change of occupancy.
(C) This ordinance is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, for rental residential property.
5. License Required.
(A) It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the city a rental residential property whether vacant or not without first obtaining a license as provided in this ordinance.
(B) It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy a rental residential property which is not licensed as provided in this chapter.
(C) It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or rooming unit or any dwelling unit or rooming unit that becomes vacant in a rental residential property for which a license is under suspension.
(D) This ordinance shall not apply to the following structures:
(1) Single-family owner-occupied dwellings.
(2) Single-family dwellings occupied by a member of the owner‘s family. Said family is limited to the following relatives of the owner: Parents, children, mother-in-law, father-in-law, brothers, sisters, brother-in-law, sister-in-law, wife, and/or husband.
(3) Single-family dwellings which are vacant but which are not intended to be let for rent.
(4) Townhouse and condominium owner-occupied dwellings.
(5) Hotels, motels and bed and breakfast inns.
(6) Dwellings, buildings, structures and uses licensed and inspected by the state or the federal government, including, but not limited to, nursing homes, retirement centers, rest homes, etc.
(7) Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities.
(8) Multiple-family rental residential property in which each dwelling unit is occupied by a record owner of the property.
(E) A license for a rental residential property cannot be transferred to another rental
residential property nor a succeeding owner.
6. License Application.
Each applicant for a license or renewal license to maintain a rental residential property, for the purpose of renting it to others or for the purpose of allowing others to occupy it as a dwelling unit or a rooming unit shall file a written application with the Code Official stating:
(1) The full legal name, address, and home and work telephone numbers of each and every owner of the rental residential property.
(2) The address of the rental residential property.
(3) The number of dwelling units or rooming units within the rental residential property.
(4) In the case of a rental residential property owner who does not reside within the a twenty-five mile radius of Oglesby City Hall (110 East Walnut Street, Oglesby, IL), the name, address and phone number of his or her agent with authority for receipt of service or notice of a violation of the provisions of this chapter and/or for receipt of service or notice related to compliance and/or enforcement of this chapter and/or the building or zoning ordinances of the City of Oglesby.
(5) Whenever there is a change in the ownership of a rental residential property or the owner’s property agent, the owners shall, within 30 days of such changes, file an updated written notice with the Code Official indicating such changes .
(6) Approval must be obtained from the Code Official prior to any change being made in the number of dwelling units or rooming units within a licensed rental residential property. Application for such change shall be made on a form provided by the Code Official. The Code Official will review the proposed change and respond to the property owner within 30 days of the filing of the application. Any and all changes must meet all zoning and building code requirements of the City of Oglesby.
(7) The full legal name of the adult tenant and/or adult tenants of the rental residential property. Additionally, the owner shall provide written notice to the city of any change in the tenant and/or pursuant to the definition of tenant as provided herein, adult occupant of the rental residential property.
(B) Each application for a new license or a renewal of an existing license shall be accompanied by a fee of $5.00 for single family dwelling residential rental property, $5.00 for multiple family dwelling residential rental property and $5.00 for rooming house residential rental property. In addition thereto, a dwelling unit and a rooming unit fee of $1.00 will be assessed for each dwelling unit and rooming units in excess of one. The fee shall be required to be paid with the application in regard to any new license application. Any newly issued license shall be valid unless suspended and/or revoked as provided herein from the date of issuance up to and including the next prospective September 30th. All residential rental licenses shall expire on September 30th of each year. The charge regarding any renewal shall be as aforesaid in the amount of $5.00. Additionally, in the event that any fee due in regard to a renewal of an existing license shall not be paid by September 30th of any given year, then in that event, there shall be an additional late charged assessed in the amount of an additional $10.00 regarding the renewal. All fees and charges required by this Ordinance shall be due and payable at the office of the Oglesby City Clerk and Billing Department.
7. Inspection Requirements.
(A) All rental residential property shall be subject to an inspection as a condition to the issuance of the license prior to the occupancy by a tenant and prior to the issuance of the initial license and/or after any change in tenancy, which per the definition of tenant in this Ordinance includes a change of adult occupancy. However, no change in tenancy inspection shall be required in the event that the residential rental premises involved in the change of tenancy have passed inspection satisfactory to the Building Inspector within ninety (90) days preceding the change in adult tenancy. Additional inspections shall be allowed to the City upon a request of a tenant or owner, or upon the city determining that probable cause exists for a violation of the provisions of this Ordinance and /or any other city code for the purpose of determining whether the residential rental property is in compliance with all Oglesby building codes, and further in compliance with the City’s Zoning Ordinance, and all other applicable provisions of the City Code of the City of Oglesby. Any such inspection shall also within the discretion of the Building Inspector include a physical inspection of the residential property including the building exterior, common areas, basement, and all individual units of the rental residential property.
(B) That non-withstanding the provision within (A) above, in the event that the owner shall have provided written notice to the City of Oglesby of a request for initial inspection and/or request for inspection based upon change of enancy/occupancy as provided herein by either certified mail, return receipt requested, addressed to the City of Oglesby Building Inspector c/o 110 East Walnut Street, Oglesby, IL 61348 or to the email address of the City of LaSalle Building Inspector c/o the Oglesby City Clerk, 110 East Walnut Street, Oglesby, Illinois, 61348 and in the further event that following receipt of said notice by the City shall not within five (5) days perform the inspection then in that event the premises may be leased and occupied by tenants without the issuance of the license, with the City however retaining the right to reasonably inspect the premises regarding said initial issuance and/or change of occupancy within ninety (90) days of said written notice.
(C) Compliance time frame will be set by the Code Official. In establishing a compliance time frame, the Code Official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations based upon the number and severity of the violations. In the event that the property is unoccupied at the time that an inspection of a rental residential property reveals any violations of applicable ordinances, the Building Inspector shall have the discretion to require, depending upon a circumstance as deemed appropriate within the appropriate exercise of discretion by the Building Inspector that corrections in regard to the full remediation and compliance be made prior to the residential rental property being allowed to be reoccupied. The Code Official shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. The notice shall include the following:
(1) Description of the property sufficient for identification;
(2) A statement listing the violations of applicable ordinances;
(3) A statement of the date upon which the licensing re-inspection will occur; and
(4) An explanation that if upon completion of the licensing re-inspection that the requirements of applicable city ordinances have not been met, a written denial of the license application revoking the temporary certificate will be issued.
(D) A licensing re-inspection will be conducted as provided above in the event of change of tenancy, which per the definition of this Ordinance shall include change in adult occupancy . The license shall remain in effect upon the successful completion of a licensing re-inspection that determines the rental residential property meets the requirements of applicable city ordinances. If the Code Official finds that the requirements of applicable city ordinances have not been met, or that any information provided in the license application is false, the license shall be suspended or revoked in accordance with the provisions of this ordinance.
Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact.
It shall be the duty of the Department of the Building Inspector to enforce the provisions of this chapter as authorized by the City of Oglesby and the building, electrical and plumbing codes as adopted and amended by the city. The Code Official referred to in this chapter shall be the Building Inspector of the City of Oglesbyand/or any other representative of the city that may be specifically designated by the City Council to be the Code Official for purposes of this chapter unless and until such time as the City Council appoints a different representative, the Building Inspector shall be the Code Official. Additionally, the appeals board referred to herein shall be the body of officials of the Zoning Board of Appeals of the city. Any final decision of the Zoning Board of Appeals may be pursued through the Circuit Court of LaSalle County pursuant to the law and provisions made in respect to appeals of administrative decisions in administrative review.
The following shall constitute violations of this ordinance:
(A) Failure of the owner or owners of the rental residential property to license such property with the Code Official;
(B) Failure of the occupants of the rental residential property to vacate such property within 60 days after receiving notice from the Code Official that such property is not properly licensed or that the license or temporary certificate has been revoked ;
(C) Failure of the owner of the rental residential property to vacate all tenants from said property within 60 days after the license or temporary certificate has been revoked ;
(D) Failure of the owners of the rental residential property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances;
(E) Any person other than an inspector from the department who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the Code Official shall be liable for the penalties provided for by this ordinance;
(F) Failure of the owner of the rental residential property to comply with any
other applicable provision of this chapter or other city ordinances.
10. License: Suspension and Revocation.
(A) A license may be suspended when violations of applicable city ordinances have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determ ined by the Code Official to be false.
(B) When an inspection of a licensed rental residential property reveals any violations of applicable ordinances, a compliance time frame will be set by the Code Official using the standard as set forth in Section 5(C) of this ordinance. The Code Official shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:
(1) Description of the rental residential property sufficient for identification;
(2) A statement listing the violations of applicable ordinances;
(3) A statement on the date upon which re-inspection will occur; and
(4) An explanation that if upon completion of the re-inspection that the requirements of applicable city ordinances have not been met, that the license for rental residential property will be suspended.
(C) A re-inspection will be conducted at the end of the compliance time frame.
If the Code Offical finds that the requirements of applicable city ordinances have not been met upon the completion of such reinspection, the license for the rental residential property shall be suspended.
(D) When a license is suspended, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested, or personally served upon the property owner or the property agent listed on the most recent license application. The notice shall include the following:
(1 ) Description of the property sufficient for identification;
(2) A statement of the reasons for the suspension;
(3) An explanation of the property owner’s right to appeal the suspension;
(4) If the property owner changes his or her address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail to the owner or his or her property agent’s last address provided on the last license application.
(E) A property owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection , the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the Code Official may reinstate the license. The request for a re-inspection shall not stay the revocation of the license unless the Code Official grants such request pursuant to a showing of good cause by the property owner.
(F) Any person whose license has been suspended shall be entitled to appeal
the suspension by filing a petition with the Oglesby City Clerk who shall refer the appeal to the Oglesby Zoning Board of Appeals for consideration of such petition and recommendation by the Oglesby City Council to either affirm or reverse the suspension or revocation. Such an appeal shall operate as a stay of the suspension or revocation until such time as the Oglesby Zoning Board of Appeals and the Oglesby City Council render a decision on the appeal. A hearing shall be scheduled in accordance with the provisions of this code and the rules and regulations of the Oglesby Zoning Board of Appeals. The Oglesby Zoning Board of Appeals considering any such petition may recommend to the Oglesby City Council immediate revocation of the license, continuance of the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismissal of the charges and reinstatement of the license. The Oglesby Zoning Board of APpeals shall make its recommendations in accordance with the provisions of this ordinance and its rules and regulations and its recommendations shall be promptly forwarded to the Oglesby City Council for final action to either accept or reject the recommendation of the Oglesby Zoning Board of Appeals by the Oglesby City Council.
(G) A license may be revoked when a petition for appeal has not been filed within 20 days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked when in the opinion of the Code Official emergency conditions exist in a rental residential property that require the immediate vacating of a structure due to the condition in the structure which threatens imminent harm to occupants of the structure.
(H) A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth i n this chapter, including the payment of all applicable fees.
(I) If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to division (E) of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal.
(J) Notification - Revocation of License
(1) Whenever a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants and occupants shall include the following:
(a) “You are hereby notified that the license for this structure has been revoked pursuant to the Oglesby, Illinois Residential Rental Licensing Ordinance.
(b) You must vacate this structure within sixty (60) days of the date of this notice.
(c) If you fail to vacate this structure, you will be in violation of the Oglesby, Illinois Residential Rental Licensing Ordinance of the City of Oglesby and subject to penalties of fines with a minimum of $50.00 and a maximum of $500.00 for each day you are in violation.”
(2) Any tenant of the rental residential property may appeal the revocation of the license. Said appeal shall conform with division (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal.
(K) Notification - Failure to License
(1 ) Whenever an owner or property agent of a rental residential property fails to license said property with the department, the Code Official shall notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential property indicating the following:
(a) “You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of the Oglesby Illinois Residential Rental Licensing Ordinance.
(b) You must vacate this structure within sixty (60) days of this notice.
(c) If you fail to vacate this structure, you will be in violation of the Oglesby, Illinois Residential Licensing Ordinance adopted by the City of Oglesby and subject to penalties and fines with a minimum of $50 and a maximum of $500 for each day you are in violation.”
(2) Any tenant of the rental residential property may appeal the Code Official’s order to vacate the structure because the owner has failed to license said property with the department. Said appeal shall conform with division (F) of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the appeals board renders a decision on the appeal.
11. Owner Responsibility.
The owner of a rental residential property shall maintain a record for each property with the full legal names of every tenant or occupant residing in each dwelling unit or rooming unit.
The owner or property agent of a rental residential property shall provide each tenant or occupant with the name and telephone number of a responsible person who, in emergency situations, will be available on a 24-hour basis and who has the authority to make repairs as needed. The owner shall also cause said information to be posted and maintained within the main entryway of every rental residential structure.
(C) The owner of a rental residential property shall make available to the City Official, upon request, the tenant and occupant records required to be maintained under this section.
11. Inspection Access.
If any owner, property agent, tenant, occupant or other person in control of a rental residential property or a dwelling unit or a rooming unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit or rooming unit under his or her control for any inspection pursuant to this chapter, the Code Official or his or her designee may apply to the circuit court for a search warrant or other appropriate court order authorizing such inspections. However, except in an emergency situation, no application for such a search warrant shall be made without first making a reasonable effort to secure access and entry to the property or dwelling unit or rooming unit through the owner or the owner’s property agent as identified by the power pursuant to Section 4(A)(1) or Section 4(A)(4).
If any provisions, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof had been included.
13. Section Penalty.
Any person, firm or corporation violating any provision of this ordinance, in addition to other legal and equitable remedies available to the City of Oglesby, shall be fined as provided below.
(A) Any person violating any of the provisions or failing to comply with any of these mandatory requirements of this chapter shall be guilty of an offense. Except in cases where a different penalty is prescribed by any ordinances of the City of Oglesby, any person convicted of an offense under this chapter of the City of Oglesby shall be punished by a fine of not less than $50 nor more than a fine of $750.
(B) Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense.
(C) In all cases where the same offense is made punishable or is created by different clauses or sections of this ordinance, the prosecuting officer may proceed to hearing under any and all such sections and clauses; but not more than a maximum fine of $750 shall be had against the same person or entity for the same day of the same offense; provided that the revocation of a license or permit shall not be the same day of the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(D) The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City of Oglesby to suspend, revoke or refuse to renew any license or permit for cause.
14. This ordinance will be in full force and effect sixty days after its adoption, approval and publication in pamphlet form as provided by law.
PRESENTED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Oglesby, LaSalle County, Illinois, by an aye and nay roll call vote as follows:
PASSED AND ADOPTED this 5th DAY OF July, 2016.
IVCH Oglesby Medical Clinic
520 W. Walnut St., Oglesby
It wasn’t long ago that folks in Oglesby needed to travel across the river to receive care through Illinois Valley Community Hospital.
But in 2007, IVCH brought the care to them in the form of Oglesby Medical Clinic.
“The hospital saw a need for a primary care office in Oglesby and so made the decision to put up a medical office building there,” says Gene Vogelgesang, public relations director at IVCH. “We saw a need in the community and we decided to fill it.”
Now, instead of driving even the 10 minutes to Peru to see a provider there, patients can get top care right in town, echoes office manager Kaitlyn Yepsen.
“But,” she adds, “this isn’t your typical family practice.”
Indeed, the office has seen only growth since its start and has recently added physicians assistant Patricia Orozco to the already strong staff of family practice physicians Kelly DeBoer and David O’Donnel.
With that kind of depth and breadth of expertise, drawing as well from the resources across the river, Yepsen says the Oglesby Medical Clinic is able to offer services other practices do not.
Dr. O’Donnell specializes in both osteopathic manipulations and dermatology; in fact, many biopsies can be performed right in the Oglesby office. O’Donnell also partners with the Center for Physical Rehabilitation and Aquatics (at the YMCA in Peru) to offer care to concussion patients, helping area athletes to return to the game after concussion injuries. Of course, the Oglesby Medical Clinic tends, too, to the general care of its patients, from babies to seniors.
“IVCH’s place in the community, I think, is demonstrated by our name,” says Vogelgesang.
“We’re Illinois Valley Community Hospital. And we’re here to help the local people.”
And help they have, even outside the clinic walls. The hospital, Vogelgesang says, helps with every fundraiser Holy Family and Oglesby Public Schools have. The IVCH foundation also donated a defibrillator to the public schools. Meanwhile, IVCH has perennially been the biggest supporter of Kids Party in the Park, a much-beloved part of Oglesby’s ever-growing Summer Fun Fest.
(Photos by James Krancic, Vermillion River Photography.)
Illini Investment Services
Beer is currently serving as the chairperson for
the newly formed Oglesby Business Association.
Neal Beer sees his work in investment services as weaved into the fabric of the community.
“Any way that the residents of Oglesby are stronger financially, the stronger the town is going to be,” Beer says. “That’s what our goal is. We’re trying to create the next generation of savers and people who are going to be able to retire and have options. “That’s going to benefit the town.”
Beer is the financial advisor for Illini Investment Services, a division of Illini State Bank that assists its clients in retirement planning, college savings, life and disability insurance, business retirement plans and much more.
Since it operates under the bank, Illini Investment Services is the most local business of its kind, Beer explains, and serves anyone from pre-retirees to young families to business owners and beyond.
While Beer does have a specialty in the senior community — as he hosts quarterly seminars at Liberty Village of Peru and hopes to soon put on additional workshops here in town — his work, he says, is holistic and far-reaching.
“I want to look at the whole financial picture,” he says, “not just focus on one thing. I have a broad background. Because of my affiliation with Liberty Village, I know that perspective. And I’m living the young family life, so that comes very naturally to me, too.” While his clients don’t have to hold accounts at Illini State Bank, many have found the unique connection beneficial.
“It’s a unique set-up,” he says. “Not only do my clients have access to everything in the investment realm, but they have banking services right there. It has been really beneficial to bounce back and forth from banking and investments so easily.
(Photos by James Krancic, Vermillion River Photography.)
ADDRESS: 253 E. Walnut St., Oglesby
The tavern may bear her name, but owner Claudette Magnoni thinks her Walnut Street watering hole holds it’s own place in history.
“I see Claudette’s as an old landmark that people come to, an icon,” Magnoni says. “It’s an old established place that’s been here for years, built just after prohibition.
“It’s not a normal bar; it’s different. It’s always been known for its cleanliness, homeliness, the party atmosphere. It’s not a rowdy place.”
In fact, Claudette’s is a gathering place of sorts, as it boasts a unique party room adjacent to the bar, lovingly dubbed The Cubby Hole, a home for both Cubs and Bears fans–and anyone looking for an affordable rental.
In 2002, Magnoni merged two bars into one and created the side room, which seats 50 comfortably and holds all sorts of aesthetic charm, from the double-seated wooden bar to the old detailed metal ceilings. There’s a stage, freedom to bring in outside food and drinks supplied through Claudette’s, making it–Magnoni says–a great option for parties.
Otherwise, Claudette’s is “mainly a weekend place” with hours that vary daily. Though it’s open only evenings Monday, Tuesday and Thursday (beginning around 6 p.m.), there are extended hours on Friday and Saturday (3 p.m. to close) and an especially long day Sunday (noon to close).
(Photos by James Krancic, Vermillion River Photography.)
When dentist Brian Billard and his wife Sandi returned to the Illinois Valley in the early 80s, they came back with a purpose.
“Our goal was to bring something here locally that is top-notch,” Billard said.
They’ve done just that.
In December of 2011, the Billards, along with Dr. Manny Valerin, opened shop in a new building located along West Walnut Street. The Alliance Dental Group facilities boast state-of-the-art equipment, 12 in-house labs, and high-tech sterilization area. The dentists’ and staff’s expertise spans preventative, general, cosmetic and restorative dentistry, with an ever-expanding reach and focus.
Of course, things weren’t always this way.
While the Billards did come back with a purpose in those early years, it wasn’t an easy time to begin a practice. The economy was weak and the advice was against setting up on your own.
“But,” Billard says, “we took a chance.”
“I grew up here and it was always the thought that we’d come back,” he said, noting that Sandi grew up in nearby La Salle. “We’ve always loved the Illinois Valley, so it was easy to come back.”
They began in a small downtown Oglesby rental.
“We had two operatories,” Billard says. “Well, one and a half really. One of them was new; the second was just sort of pieced together.”
While Brian looked to the patients’ smiles, Sandi kept them smiling with her people skills.
“She complements me tremendously,” he says. “She has the people skills. She has all the things I don’t have.”
Years passed. The husband-and-wife team built their own building and asked another general dentist–Valerin–to join the staff. It wasn’t long before the group grew out of the new building and set their eyes on something bigger–what eventually became the new facility.
Here, Dr. Billard and Dr. Valerin both serve as general dentists, while Billard specializes in orthodontics.
For more than 30 years, Billard has cared for the teeth of local families.
“It’s been long enough that I have grandkids coming to me now,” he says. “I’ve taken care of the mother, then the daughter, and now the grandkids.
“I’m that old,” he chuckles.
In many ways, the new building represents the realization of the Billard’s original goal. But, along the journey to the present, new dreams for the future were set in motion.
Through the years, Billard has nurtured his strong interest in orthodontics, considering himself committed to life-long education in the field. His passion has led him to teach his specialty all over the world. For more than a decade, he traveled to clinics and seminars throughout the United States and Canada, as well as places as far-reaching as Australia and the Philippines. The right encouragement from the right people helped him overcome his very shy demeanor and speak to crowds as big as 400 people.
And now, he wants to continue that focus on teaching and learning here at home.
“We thought we could use this facility also as a teaching center,” he says.
Through the many contacts he made afar, Billard is organizing small-scale, specialty seminars on new technology and continuing education. Their first offering in March 2013 garnered an even greater response than they’d expected, and plans for another, longer seminar are underway for March 2014.
Billard says his facilities, coupled with the area, are a draw for dental professionals.
“There are so many things they can see here–Starved Rock, all those little things that kind of make this a destination learning area,” Billard explains.
And while Billard Healthcare Center’s spacious conference room is a great place to sit under teaching, the facility is also a great place to give things a try.
“Our teaching can be very hands-on because we have a dental facility attached,” Billard says, noting the building houses 10 operatories.
The company may eventually evolve in still other ways, with Billard eying an expanded approach to dental and overall health that includes the joint, in-house work of chiropractors, physical therapists and the like–an idea that grew, too, with his knowledge and interest in orthodontics.
“We really went from trying to straighten teeth to this big, big, kind of all-encompassing thing,” he says.
To Magdaleno Hermosillo, it’s all about the salsa.
Whether it’s salsa roja “mole” on enchiladas or salsa fresca with chips, the salsa takes center stage.
And so, after working all his life in mexican restaurants and deciding to open and name his own, Hermosillo gave salsa the attention it deserves.
Mr. Salsa’s, as Hermosillo called it, has been a fixture of Oglesby’s downtown for nearly 15 years and features many salsa-laden dishes alongside other traditional mexican fare. (For those less inclined to the tastes of our neighbors to the south, Mr. Salsa’s also offers a handful of tradition American offerings.)
Hermosillo says his style of cooking is somewhat unique for the area, as it is largely influenced by recipes he learned in California, where he started his career. Two of the locals’ favorites are fajitas and carne asada a la tampiquena, a dish particularly known for its quality cut of meat, a skirt steak.
“People come for that one,” Hermosillo says, noting other restaurants replace the outside skirt with a cheaper cut. “I can’t switch the meat; people will notice right away. They want the same meat, the same quality.”
Mr. Salsa’s has been serving up quality dishes since 1999. Its cozy interior hosts a full bar along with a separate regular dining room. Another large seating area is available for large parties or planned events up to 60 people.
Meals are available for dine-in or carry-out. Weekly specials include $1.25 dine-in tacos on Tuesday, fried chicken on Wednesday, $3 margaritas on Thursday and a 10 ounce cod dinner with potato and salad for $10.95 on Fridays.
Delaney’s Family Restaurant has been open since 1992.
But it began in the mind of a small boy well before that.
“I always had the ambition of having my own business, even as a youngster,” Tim Delaney, who owns the restaurant with his wife and operates it alongside his younger brother Marc, explains.
“When I was only 6- and 7-years-old, my grandmother worked as a waitress at a tavern in Dalzell. My grandfather would take me there.”
It was in that old tavern that Tim decided he wanted to have his own restaurant someday.
“It was just a fun atmosphere,” Tim says. “And that’s what I first began to enjoy about it, the atmosphere. People came in and were having fun and there was a lot of excitement.
“I knew I wanted to have a restaurant.
“And all that came to be.”
What came to be was a cool, quick place for summer state park goers to refuel after a long day of hiking.
A cozy, warm place for winter travelers fresh off the interstate.
And a meeting place for local friends and family year round.
In short, Tim’s emphasis on atmosphere continues.
“I think it says it all in the name–we’re a family restaurant,” he says. “This is kid-friendly, casual dining.”
“I’ve always viewed it as entertaining people. When you go out to eat, it’s a form of entertainment. This is a place for people to come in, relax, unwind and forget about their day. We want to make them feel comfortable.”
The atmosphere at Delaney’s gives a nod to the past in more ways than one.
Oldies singers croon from the speakers. A long counter with swivel stools welcomes tired folks for a coffee or a beer. Friendly waitresses tend to tables with fast service.
And most of all, customers enjoy hearty, flavorful food.
Delaney’s boasts the area’s only buffet. It steams with hot food seven days a week for lunch and dinner. Special summer nights bring a seafood buffet, complete with crab legs. Be sure to save room for homemade pies and other desserts!
On weekends and holidays, a breakfast buffet is stocked with all the basic breakfast fixins–eggs, bacon, sausage, cinnamon French toast, hash brown, sausage gravy and biscuits, fresh fruits, bakery items, you name it!–as well as made-to-order pancakes and fruit-filled waffles topped with real whipped cream.
The large menu offers breakfast all day and a wide selection of other delicious dishes, from roast beef and burgers to shrimp platters and spinach salads. Among its most popular dishes is Delaney’s fried chicken–made from an old recipe from the tavern at which Tim’s grandmother worked, where it all began.
In fact, in many ways, Delaney’s is a mosaic of Tim’s past.
“Everything that I’ve done in my life is probably incorporated somehow into the restaurant.”
(Photos by James Krancic, Vermillion River Photography.)
Sam Leone’s personality and prices can give the first-timer quite a start.
“When we first moved here five years ago, I called to order a pizza,” Mary Tillman shared. “He said come in 20 minutes and bring $17,000. I told my husband, ‘I think we’re buying a pizza place.’ “
He’s a bit quirky, you see.
“Sam’s Pizza! What’d ya want?!” he’ll holler though his thick accent and into his old handset, taking your order. He never writes anything down, quotes you prices in the thousands and always has something clever to say when you walk though his door.
On busy nights, you might as well forget calling. All the locals know a busy signal means ol’ Sammy has put the handset of its cradle and you’ve got to do your ordering face-to-face.
His pizza joint isn’t much to look at–just a little building in the middle of a big slab of parking lot, looking a bit lonely on Columbia Ave. Inside, you’ll find a handful of tables, faded wallpaper, a listing of prices and toppings on an old-fashioned sign… and Sam.
Clad in the same uniform he’s been wearing for decades–white t-shirt on his chest, white apron around his waist, small gold chain around his neck and flour-topped shoes on his feet–Sam is beloved by local folks. Many a Oglesby resident will tell you tales of sitting on Sam’s counter or peeking around it as a youngster, watching Sam toss dough circles and accepting bits of mozzarella cheese from his mother, who worked alongside him for years.
In fact, it seems memories of Sam’s Pizza are much like the pizzas themselves–good and warm, ready for the sharing.
Kathy Casstevens says she fondly remembers the buzz of the lights in Sam’s pizza parlor and the taste of hot pizza late on a summer night.
What junior high basketball player, cheerleader and fan hasn’t packed into the tables, enjoying a post-game dinner?
“He has fed four generations of my family,” Nick Ebner said.
“My husband and I went to Sam’s on our first date!” writes Sally Sobin. “We have been married for 25 years.”
“When I was a kid, I don’t know what made me happier, that we were getting pizza for dinner or my grandma holding out the phone so I could hear Sam yell, ‘Sams a peets!’ into the phone before she ordered,” says Amy Raygoza.
If he doesn’t win you with his antics, Sam will undoubtedly win you with his pies. Hand tossed and made fresh, loaded with toppings and remarkably affordable, you’ll be hard-pressed to find a better pizza in the area.
Sam’s Pizza is open Tuesday through Sunday evenings and is just a couple turns away from Oglesby hotels, on Columbia Avenue.
(Photos courtesy of James Krancic, Vermillion River Photography.)
When Jackie Mente describes the kind of fare she and her husband Mike offer at MJ’s Pub and Grill, her description may at first seem strange.
How can fine dining be casual?
But a visit to the Mente’s downtown Oglesby restaurant may lead you to embrace the happy paradox of terms.
True to its name, MJ’s is a pub. There are the traditional flat screen TVs and sports paraphernalia, the neon signs and beer on tap. High bar stools line the counter; bottles of alcohol line the wall. There’s nothing stuffy about its clean, uncrowded interior, and you’ll find not a wisp of smoke. Nonetheless, it’s a pub.
But perhaps where the name MJ’s Pub and Grill sells itself short is the kitchen.
MJ’s is so much more than a grill.
Sure, there are the traditional pub and Illinois Valley offerings–burgers, tenderloins and fried chicken. But these are hand-pattied burgers on bakery bread, house-pounded tender loins and made-to-order chicken with homemade breading, all served along side hand-cut french fries.
That’s really where Jackie and Mike left the “grill” behind, however.
MJ’s menu boasts such finer foods as filet mignon, broiled cod, smelt and even Minnesota turtle, served seasonally on Friday nights. The kitchen serves up its own pasta made with homemade sauces, from simple spaghetti to baked tortellini to chicken parmesan.
And while the food is good, Jackie says attention to detail is what really puts MJ’s above the chain restaurants.
“Presentation sets us apart,” she says. “We’re very, very picky about how our food looks because you eat with the eyes first. Those guys in the back work very, very hard to make sure that food is cooked and served on the plate the way it’s supposed to be. We take a lot of care.
“It’s important to us to see the smile on the persons face when they’re eating it and to hear what they have to say about it when they’re done.”
The front of the house serves up cocktails to compliment the food, and the services brings it all together.
“We make everything from martinis to MJ’s specialty drinks,” Jackie says. “Our bartenders do a phenomenal job along with our servers.”
The Mentes have been serving up fine and fine-looking food at MJ’s since 2010. All the while, the restaurant has been gathering community. Jackie credits their friendly base of local customers with making MJ’s a welcome spot for travelers.
“If a stranger walks through that door,” she says, “they won’t feel like a stranger long.”
Oglesby folk and visitors alike can find something to enjoy at MJ’s.
The Mentes focus on putting homemade meals on the table during the week and some kind of great pasta special on Saturdays. Meanwhile, they often schedule local bands for live entertainment and offer a large outdoor patio with seating for up to 50 people. Bookings for special events are available, as well as in-home catering.
(Photos by James Kransic, Vermillion River Photography.)
Oglesby is the place where friends and rivers meet.
But, lately, it’s really become a place where the rubber meets the road, as developers are taking notice of the city’s focus on encouraging business and investing in this gateway to Starved Rock.
Interested? From million-dollar projects to drawing off a destination, here’s what’s happening in Oglesby.
Infrastructure Upgrade: Fall 2013
The city is putting the finishing touches on a $6 million infrastructure upgrade that included a new water tower, storm sewer separation and waste water treatment plant upgrade. All of these projects increase the city’s capacity for growth and have already worked to that end.
Love’s Travel Stops & Country Stores: January 2014
Located at the southwest corner of the Interstate 39 interchange, the new Love’s represents a $10 million dollar investment by the Oklahoma-based company. Sprawled on 16 acres, it will hold 90-100 truck parking spaces–nearly double its I-80 counterpart in Utica–and house a 6,500-square-foot tire repair center, along with a Hardee’s Restaurant.
Eventually lured by nearby Advantage Logistics and city investments in a new traffic signal and water-sewer service, Love’s expects $3 million in yearly sales and $200,000 in sales tax. Additionally, the travel stop and stores will create 60 new jobs–including five salaried, full-time management positions to be filled locally.
County Market: Breaking Ground late Spring 2014
The answer to many residents’ call for a grocery store in town and a development that’s long topped Mayor Don Finley’s list, County Market is due to open sometime in early 2015. The Quincy-based company recently closed on a 5-acre piece of land northwest of the Walnut Street and Columbia Avenue intersection and the old Geno’s Car Wash by the Rootbeer Stand. The $6 million supermarket will span up to 28,000 square feet and create up to 70 jobs. Conveniently located close to both IVCH’s Oglesby Medical Clinic, Alliance Dental Group and Stough Group senior housing, it will also house a pharmacy.
Company president and CEO Richard Niemann Jr. noted they would develop at least one out-lot to attract additional retail development if the demand materializes, setting up an opportunity for even more growth in Oglesby.
Stough Group: Fall 2012
This 50-unit senior housing group represents a $9 million investment in the city and has a waiting list for openings. (Please put your name on the list if you are considering the housing for the future.)
iFiber, a county-wide effort to bring affordable broadband to the area, is expected to go online at the end of 2013. This technological upgrade will set the stage for attracting developers the likes of call centers and off-site data storage companies.
McPhedran Park: May 2013
Oglesby’s newest park boasts a playground, jogging path and exercise stations. The local carpenters union donated labor to construct a lovely fishing pier, and fishermen can look forward to the opening of McPhedran’s stocked pond in the summer of 2014.
These amenities are likely just the spring board to a bigger, more developed complex with the potential to draw in more people and business. A committee is forming with the aim of locating investors who would further develop the land, possibly adding such things as a community center and football and soccer fields.
Investment from within
Several of our own businesses have recently increased their investment in Oglesby. Most recently, local licensed plumber John Senica Jr. opened John Jr.’s True Value hardware store in the downtown. In previous years, Illinois Valley Community Hospital, which has long served the area, set up a brick-and-mortar presence in the Oglesby Medical Clinic. The clinic is staffed with two doctors and a nurse practitioner. Likewise, dentists Dr. Brian Billard and Dr. Manny Valerin expanded Alliance Dental Group, a cosmetic dentistry practice with the latest technologies, in 2009, setting up shop in a new building along Walnut St.
Poised for Progress
For developers, Oglesby represents a growing market and ready-tilled soil. Most, if not all, of the land available for development already has water, sewer and electric services nearby. Additionally, most of the city’s developable land lies in TIF districts and the enterprise zone; these incentives offered by the City of Oglesby help new developers recover some of their cost for bringing in a new business.
Drawing off a Destination
One thing Mayor Finley and economic development and tourism coordinator Becky Clinard have focused on in recent years is bringing folks into Oglesby.
“You have to look at what you have in and around Oglesby and work with what you have,” Finley says. “With three state parks nearby, we’re obviously a destination.
“What we need to do is find ways to bring people here.”
Finley has done that, in ways big and small.
The city revived its summer celebration five years ago, with Summer Fun Fest quickly setting itself apart from other local celebrations. Featuring a fabulous carnival and midway, a race, car show, bags tournament, free kids’ programs unmatched in the area and much more, the city packs a summer’s worth of activities into one week.
The celebration’s budget is $80,000 in the black in the four year’s it has been expanded to a full-blown festival. Those proceeds fuel the general fund, getting un-earmarked money into the city for a little of everything. Smaller events such as weekly farmers markets and an ever-growing Harvest Fest are further building into our small town’s community.
Finley also wrangled in the Central States Tournament, one of nine regional tournaments around the world that feed into the Senior League World Series. Teams from 13 different states are invited to take part in this weeklong event. Family from these states spend time eating, shopping and enjoying what our city has to offer.
Finley has also applied for a canoe access grant for the newly restored river area behind Lehigh Park, by Ed Hand bridge. A boat launch there could mean more exposure for Oglesby.
“We get really positive comments about the things we’re doing,” Finley says of the economic upside of hosting events. “Obviously, the hotels and restaurants are happy. But we also hear from people you might not expect–like John’s Sales and Service, the laundromat, the gas stations, the bars.”
Meanwhile, Finley is always searching for more.
“Mayor Finley is always looking,” Clinard says. “He’s always got an email out or a phone call in to somebody about something.”