UPDATE: Oak Creek officials have just announced a significant overhaul of the town’s nuisance code enforcement system, shifting from a political framework to a court-based civil infraction model. This urgent move aims to address persistent property issues and enhance community safety.
During a Board of Trustees meeting on January 22, 2024, Town Administrator Louis Fineberg presented a proposal to rewrite the town’s nuisance code, which currently struggles with enforceability. Fineberg emphasized that the existing “quasi-judicial” system is ineffective, stating, “As (the code) is currently written, it’s not really enforceable.” The new framework, modeled after Steamboat Springs’ civil infraction system, seeks to provide clearer guidelines for managing issues like junk accumulation and derelict buildings.
Under the proposed changes, complaints will no longer be managed by the Board of Trustees. Instead, code enforcement officers will issue written requests for property owners to rectify violations within a specified timeframe—typically seven days. If violations remain unresolved, cases will advance to municipal court, where judges can impose fines or other penalties.
Fineberg explained the intent behind this shift, aiming for a more legally sound and politically neutral process. “If there’s no substance to an allegation, the court decides that,” he noted, highlighting the importance of consistent enforcement devoid of political influence.
Mayor Melissa Dobbins strongly supports the proposal, labeling it “the real deal” as part of ongoing discussions about enhancing the town’s appearance and safety. “This is the meat and potatoes of what the community is asking for,” she stated, pushing for unity among board members to prevent potential discord when new enforcement measures are implemented.
However, Dobbins cautioned that the transition might generate tension among residents, especially those who may resist the changes. “We need to be really ready to go down this road,” she urged, emphasizing the necessity for respectful communication with community members as the new rules take effect.
Fineberg acknowledged the potential backlash from long-time residents who might struggle with stricter enforcement. He assured that the focus would be on the most serious violations rather than a broad crackdown. “You have to be judicious about what actions are taken,” he advised, drawing from his experience in other municipalities.
This initiative has gained traction as numerous residents have voiced concerns regarding neglected properties and unsightly conditions. Fineberg revealed that the town has received “a number of complaints” about unsecured vacant buildings and accumulated debris, which the current convoluted code makes challenging to address.
The proposed revisions aim to simplify the language of the code, ensuring it is straightforward and easy to enforce. “When it comes to enforcement, it needs to be black and white,” Fineberg asserted, indicating that ambiguity in definitions could hinder effective action. Terms like “junk” are particularly problematic, as subjective interpretations can lead to disputes.
Fineberg plans to return to the Board of Trustees with a revised draft on February 26, 2024, after consultation with Town Attorney Robert Weiss and Municipal Judge Jessica Ryan. He aims to finalize the new code and implement it by spring, marking a pivotal step in revitalizing Oak Creek.
As this situation develops, residents are encouraged to stay informed about potential changes that could impact property values and community standards. The town’s commitment to a transparent and fair enforcement process signals a significant shift in how local governance handles nuisance violations, promising to create a cleaner and safer environment for all.
