UPDATE: Oak Creek officials have just announced a significant overhaul of the town’s nuisance code, shifting enforcement from political oversight to a streamlined court-based civil infraction system. This urgent development aims to address persistent complaints about problem properties while fostering a more effective and less politically charged enforcement process.
During a pivotal meeting on January 22, 2023, the Board of Trustees discussed the proposal spearheaded by Town Administrator Louis Fineberg. The plan seeks to rewrite Title A of Oak Creek’s code, which currently governs nuisance abatement related to issues such as junk accumulation and derelict buildings. Fineberg emphasized that the existing “quasi-judicial” enforcement system is unworkable and needs to be replaced with a clearer framework modeled after the successful civil infraction system used in Steamboat Springs.
“This is something we’ve been discussing for a few meetings now,” Fineberg stated. “The current code isn’t enforceable as it stands. Once violations pass the voluntary point, we need a viable solution.”
Under the proposed changes, nuisance violations will no longer be handled by the Board of Trustees. Instead, code enforcement officers will issue written requests to property owners to correct violations within a strict timeframe—typically seven days to secure abandoned buildings or remove debris. Failure to comply will lead to citations and cases moving to municipal court, where judges can impose fines or other remedies, ensuring a more objective and consistent enforcement process.
Mayor Melissa Dobbins praised the proposal as “the real deal,” reflecting community demands for better management of neglected properties. “This is what the community is asking for—proper enforcement to clean up our town,” she said, while also acknowledging that this shift could create tensions among board members and residents.
Dobbins urged the board to unite in support of the new enforcement strategy, acknowledging that while many residents might welcome the changes, others could resist them. “Some might see new enforcement as a threat, and we need to prepare for that,” she warned. The ultimate goal, according to Dobbins, is to create a safer community and improve property values.
Fineberg, who began his role in June, noted that the issue of code enforcement had been brought up during his interview process. He revealed that the town has received numerous complaints regarding unsecured vacant buildings and accumulated junk, highlighting the inadequacies of the current system, which he described as “convoluted.”
The new draft combines Oak Creek’s existing language with simplified elements from Steamboat Springs’ longer enforcement code. “When it comes to enforcement, it needs to be black and white,” Fineberg stated. “It can’t be subjective; otherwise, it becomes harder to enforce.”
He cited confusion surrounding terms like “unwholesome businesses” and “junk,” which can lead to disagreements about enforcement. “What some people call ‘junk,’ others see as ‘collector’s items,’” Fineberg explained, indicating the challenges of subjective definitions.
Dobbins emphasized the need for sensitivity in applying new rules, especially for long-time residents who may struggle to comply. “We must be respectful of how this impacts community members,” she said, acknowledging that enforcement could be a complex issue for some homeowners.
No formal vote was taken at the meeting, but Fineberg plans to present a revised draft to the board on February 26, 2023, after the proposed changes are reviewed by Town Attorney Robert Weiss and Municipal Judge Jessica Ryan. The board discussed the necessity of sharper definitions to prevent subjective disagreements in future enforcement actions.
Fineberg expressed his hope to finalize the new code and implement it by spring 2023. “Implementing an effective code enforcement system is our next step,” he said. With community support and a clear path forward, Oak Creek aims to enhance public safety and property standards while navigating the complexities of local governance.
This developing situation holds significant implications for residents and property owners alike, as Oak Creek moves toward a more effective and legally sound approach to nuisance enforcement. Keep an eye on this story as further developments unfold.
