UPDATE: Oak Creek officials have just announced a major overhaul of the town’s nuisance code enforcement, shifting cases from political oversight to a court-based civil infraction system. This urgent change aims to tackle long-standing issues of neglected properties and ensure local laws are effectively enforced.
During the Board of Trustees meeting on January 22, 2024, Town Administrator Louis Fineberg presented a proposal to rewrite Title A of Oak Creek’s code, which governs nuisance abatement. The current “quasi-judicial” enforcement system has proven ineffective, prompting leaders to seek a more straightforward approach modeled after the civil infraction system in Steamboat Springs.
“This is something we’ve been discussing for several meetings now,” Fineberg stated. He emphasized that the existing enforcement process is unworkable, stating, “It’s not really enforceable. Once things go past the voluntary point, it becomes a challenge.” Under the new rules, code enforcement will no longer be managed by the Board of Trustees. Instead, a code enforcement officer will issue a written request for property owners to correct violations within a set timeframe—typically seven days.
If property owners fail to comply, the case will escalate to municipal court, where judges can impose fines or other remedies. Appeals would proceed to a higher court, with the specific jurisdiction still to be determined. Fineberg aims to create a fairer system that minimizes political influence and ensures consistent enforcement.
Mayor Melissa Dobbins hailed the proposal as “the real deal,” addressing 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 remarked. However, Dobbins warned of potential tensions among board members and the community as enforcement begins. “We need to be really ready to go down this road because it could open up legalities,” she cautioned.
Fineberg, who began his role in June 2023, noted that improving code enforcement was a priority discussed during his interview. He revealed that the town has received numerous complaints about unsecured buildings and cluttered properties, making it essential to address these issues effectively. “The current code is very hard to enforce,” he remarked, describing it as “convoluted.”
The proposed changes integrate Oak Creek’s existing language with simplified elements from Steamboat Springs. Fineberg stressed the importance of clarity in enforcement, stating, “When it comes to enforcement, it needs to be black and white.” He highlighted the ambiguity of terms like “unwholesome businesses” as problematic, emphasizing the need for clearer definitions to avoid subjective interpretations.
Dobbins acknowledged that the transition could be delicate, especially for long-time residents. “We need to be very respectful toward how this could impact community members,” she stated, recognizing that compliance will not be easy for everyone. Fineberg echoed this sentiment, asserting that enforcement should focus on the most severe cases rather than broad crackdowns.
No formal vote was taken during the meeting, but Fineberg plans to present a revised draft to the Board on February 26, 2024, following consultations with Town Attorney Robert Weiss and Municipal Judge Jessica Ryan. He aims to finalize the new code by spring, ensuring it is ready for implementation.
As Oak Creek moves forward with these significant changes, residents are urged to stay informed and prepare for a new chapter in local code enforcement. The outcome of this initiative could have lasting impacts on property values and community safety, making it critical for residents to engage in the process.
