UPDATE: Oak Creek officials just announced a major overhaul of the town’s code enforcement system, aiming to address nuisance properties effectively. This urgent reform shifts oversight from political leaders to a municipal court, promising to enhance enforcement and tackle longstanding community issues.
During a Board of Trustees meeting on January 22, 2024, Town Administrator Louis Fineberg presented a proposal to revamp Title A of the town’s code, which governs nuisance abatement. The proposed changes aim to replace the current “quasi-judicial” enforcement system that Fineberg described as “not workable.” Instead, the new approach draws inspiration from the civil infraction system used in nearby Steamboat Springs.
“This is something we’ve been discussing for several meetings now,” Fineberg stated. He emphasized that the existing laws are nearly impossible to enforce, particularly after a property has become a serious nuisance. Under the proposed system, violations will be documented, and property owners will receive a written correction request with a set timeframe—typically seven days—to address the issue.
If property owners fail to comply, citations will be issued, and cases will progress to municipal court, where judges can impose fines or mandate compliance. Appeals will be sent to a higher court, though Fineberg noted some uncertainty about whether they would go to county or district court.
Mayor Melissa Dobbins called the proposal “the real deal,” reflecting the community’s demand for action on neglected properties. “A lot of members on this board are saying, ‘Code enforcement — we want this done appropriately, it’s time to clean up our town,’” Dobbins declared.
However, Dobbins cautioned that this initiative could create tensions among board members and within the community. “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 warned. The board must prepare for potential backlash as they move forward.
Fineberg acknowledged the sensitivity of the changes, particularly for long-term residents dealing with new enforcement standards. “You have to be judicious about what actions are taken,” he said, stressing that enforcement should focus on the most severe cases rather than a blanket approach.
He explained that many residents have complained about issues like unsecured vacant buildings and accumulated junk. The proposed code simplifies enforcement language, making it more straightforward and less open to interpretation. For example, terms like “unwholesome businesses” have been flagged as vague and problematic.
Dobbins emphasized the need to be respectful of community members’ circumstances, especially elderly residents who might have lived in their homes for decades. “It’s not as simple as saying, ‘clean it up,’” she noted.
Fineberg’s experience in other communities, including Taos, New Mexico, has taught him the importance of measured enforcement. “You don’t want to be overbearing with this stuff. You really want to reserve it for where you need to apply it,” he advised.
No formal vote was taken during the meeting, but Fineberg plans to present a revised draft to the Board on February 26, 2024, after consulting with the town attorney and municipal judge. The objective is to finalize the new code by spring, setting the stage for a more effective enforcement system.
“Getting the code in place is just the first step,” Fineberg affirmed. “Implementing it effectively will be the next challenge.” This urgent reform represents a critical turning point for Oak Creek, aiming to create a safer environment and enhance property values across the town. The community is now watching closely as these changes unfold, with hopes for a cleaner and more orderly Oak Creek.
