UPDATE: Oak Creek officials have just announced a major overhaul of the town’s nuisance code enforcement system, moving complaints from a political arena to municipal court. This urgent shift is designed to address long-standing issues with problem properties and improve community safety.
At a January 22, 2024 meeting of the Board of Trustees, Town Administrator Louis Fineberg revealed a proposal to revise Title A of the town’s code, focusing on abating nuisances such as junk accumulation and derelict buildings. This long-anticipated change aims to simplify enforcement, making it more effective and less susceptible to political pressures.
Fineberg criticized the current “quasi-judicial” enforcement system as unworkable, stating, “As (the code) is currently written, it’s not really enforceable.” The new approach will model a civil infraction system similar to that of Steamboat Springs, streamlining the process for handling nuisance violations.
Under the proposed system, code enforcement officers will issue written requests to property owners to correct violations within a specified timeframe, typically seven days. Should property owners fail to comply, cases will be escalated to municipal court, where judges can impose fines or other remedies. Appeals will be directed to higher courts, although specifics remain uncertain.
Mayor Melissa Dobbins expressed strong support for the initiative, calling it “the real deal” and emphasizing the community’s demand for effective code enforcement. “A lot of members on this board are saying, ‘Code enforcement — we want this done appropriately, it’s time to clean up our town,’” she stated.
While the overhaul is seen as a necessary step towards improving local property conditions, Dobbins acknowledged potential tensions it might create among residents and board members. “Some people might take new enforcement with a grain of salt and know, ‘OK, this is what I need to do,’ and others might resist it,” she cautioned.
Fineberg, who began his role in June 2023, stated that improving code enforcement was a priority from the outset. He noted that the town has received numerous complaints regarding unsecured vacant buildings and accumulated junk. The current rules, he described as “convoluted,” make it nearly impossible to enforce necessary changes.
The new draft proposal incorporates simplified language from Steamboat Springs’ enforcement code, aiming to clarify terms that have previously led to subjective interpretation. Fineberg emphasized, “When it comes to enforcement, it needs to be black and white.”
Dobbins acknowledged that the enforcement process could be sensitive for longtime residents. “We need to be very respectful toward how this could impact community members,” she said, recognizing the complexities involved in enforcing new regulations on properties held for generations.
As the trustees engaged in discussions about the potential challenges, Fineberg reassured them that enforcement would focus on the most serious violations, avoiding broad crackdowns. “You really want to reserve it for where you need to apply it,” he said, reflecting on his experiences in other communities.
No formal vote took place at the January meeting. Fineberg plans to present a revised draft at the board’s next meeting on February 26, 2024, after consultation with Town Attorney Robert Weiss and Municipal Judge Jessica Ryan. He aims to finalize the new code for implementation this spring, marking a pivotal step in enhancing community standards.
As Oak Creek takes these significant steps toward a more enforceable and effective code system, residents are urged to stay informed and engaged in the upcoming discussions. The proposed changes promise to reshape the town’s approach to nuisance properties, ensuring a cleaner and safer environment for all.
