Frustration over what’s perceived as a lack of code enforcement in Oxford Village gave rise to a lengthy discussion of the issue at last week’s council meeting.

Councilman Erik Dolan noted the code enforcement activity report for February was five pages long and “that’s outstanding,” but “we have no enforcement and we have no compliance.”

He indicated there’s a willingness to notify and warn people about violations, but the village is “not willing to take any action” to rectify issues. He believes this “perpetual inability or refusal to take action creates the noncompliance” on the part of residents and property owners.

“I am convinced that we don’t have the intestinal fortitude to take the (necessary) action,” Dolan said.

As an example, he cited the lack of adherence to the snow/ice removal ordinance.

“You shouldn’t have to (warn) a house every time it snows to remove the snow from their sidewalk, only to have (the violation) resolved by a temperature increase,” Dolan said. “It seems as if we’re just waiting for the snow to melt to say that we resolved it.”

Village Manager Joseph Madore indicated there are some problems with the current ordinance as written.

For one thing, “it doesn’t say the snow needs to be removed completely,” he said.

The ordinance states that when snow falls or ice forms on the sidewalk, “within 24 hours,” it must be removed “in such a manner as to render the sidewalk safe to persons or property traveling thereon.”

Madore pointed out that a thin layer of snow can be more dangerous than a thick layer depending on where things are in the melting process.

The other problem with the existing ordinance is the amount of the fine, which some officials consider to be too little and outdated.

According to the ordinance, which was enacted in 1977, anyone who fails to comply “shall be” fined $15 and failure to pay the fine is punishable by a fine not to exceed $100 and the cost of prosecution.

Madore said $15 “might have meant something in 1932,” but not today.

He explained “our goal is to get compliance” and the question is, will sending out $15 tickets, without first issuing a warning, accomplish that or will it generate “pushback” because the dollar amount is “not enough to hurt them, really.”

“For us to just send out a $15 ticket, I don’t know how much that’s going to motivate (compliance),” he said.

Madore said the municipality has been using a “soft-handed” approach by issuing warnings (via door-hangers), which usually results in violators calling the village office and that conversation provides an opportunity to educate them about the need for compliance.

But Dolan questioned whether that approach really works.

“The concern is, when you take a look at these (violation reports), it’s the same addresses, it’s the same houses time and time and time again . . . .They could have 15 door-hangers hanging on their doorknob, they’re never going to comply until they’re motivated (to do so),” he said.

Madore said the ordinance needs more teeth and suggested the fines could be changed to a graduated system, where the amounts increase for noncompliance and repeat offenders.

“But if there’s not the stomach to issue a $15 ticket, there’s not going to be the stomach to issue a $50 ticket,” Dolan replied.

Madore doesn’t believe the issue is a lack of stomach. He believes it’s more about trying to get people who are a “little lazy” to comply and in many cases, that just takes a warning.

Dolan said the village has discussed the code enforcement issue “time and time again” and he doesn’t understand “why we are reluctant to take action,” such as issuing tickets, when it comes to dealing with violators.

Councilman Joe Frost suggested the village needs to be more proactive when it comes to helping residents keep their sidewalks free of snow and ice.

“Not always use the stick, but use a carrot, so to speak,” he said.

Frost pointed out that some of these violators could be folks who are unable to shovel for one reason or another.

“We have a number of residents who are disabled. We have blind residents. We have wheelchair-bound residents. We have elderly residents,” he said.

Frost suggested maybe the village could set up a program or hotline for these folks to call and get connected with volunteers, such as high school students or scouts, who could clear their sidewalks in a timely fashion and “not unduly burden” residents who may already be burdened by other issues.

“I know there’s kids out there (who would be willing to shovel), but how do we know who they are? We don’t,” Madore said.

Dolan suggested using social media to find assistance for folks who need it.

But snow/ice removal isn’t the only issue.

Dolan pointed out that when the weather warms up, there will be issues with individuals who repeatedly don’t mow their lawns and he doesn’t believe it should be the code enforcement officer’s job to “simply be revisiting homes trying to solve their problems.”

“There’s a level of personal responsibility that comes with home ownership,” he said.

Village President Sue Bossardet said there’s also a “sense of pride” that goes along with home ownership that some people don’t have because their attitude is “they don’t care.”

“Somehow we have to get back into instilling a sense of pride and we need to communicate with our residents (to keep them informed about the ordinances and what’s expected of them),” she said.

Oxford currently doesn’t do a good job of communicating with people, in Bossardet’s opinion, because it has a “crappy website” and a “nonexistent newsletter.”

Dolan finds it to be an “absurd concept” that an ordinance violation ticket isn’t written unless there’s first been a warning. He noted it doesn’t work that way when it comes to running a red light or drunken driving.

“Obviously, one solution doesn’t fit all (situations),” he said. “But we are eliminating the only solution that gains compliance. We’ve totally eliminated it by our generosity.”

Village attorney Bob Davis explained that how a community approaches ordinance enforcement depends upon its “character.”

He used the example of one community he knows that sends out three letters to violators. The first notifies them of the issue and offers assistance if it’s needed, while the third informs them the issue is going to court.

However Oxford chooses to handle ordinance enforcement, Davis stressed, “It’s got to be consistent and it’s got to be fair and it’s got to reflect who your community is.”

Dolan pointed out the village doesn’t have the time or manpower for something like a three-letter system.

But Davis assured Oxford could implement such a process because all it takes is the creation of form letters and they do not have to be sent via certified mail.

“Most of the time, you can get your police just to drop the letters off,” he said.

Police Chief Mike Solwold suggested the possibility of changing a number of the ordinance violations from misdemeanors to civil infractions.

“I would respectfully disagree in that most ordinance violations in most communities are misdemeanors,” Dolan replied. “Our concern is not how (a penalty) impacts the citizen directly. Our concern is adherence to the standard that we want for the community.”

Solwold suggested there could be a step process in which an ordinance violation starts out as a civil infraction and then, if the person fails to comply or is a repeat offender, it becomes a misdemeanor.

“I just say give the folks a chance and if they don’t rectify the problem . . . go to next step,” he said.

In Dolan’s opinion, the attitude of giving violators a chance doesn’t seem to work because he’s “been contending with the same problems for two years” as a council member.

“It allows individuals to turn a blind eye to an existing problem,” he said. “That’s what we have and that’s what we’re doing with our discretion.”

Bossardet blamed the “previous management style” of former village Manager Joe Young, who was fired by council last year.

“There wasn’t any ordinance enforcement (under Young),” she said. “There were no rules and there were no consequences.”

That needs to change, in Bossardet’s view.

“We have to start (enforcing ordinances) and say to our citizens we are going to begin doing this,” she said. “This is what we want for our community. We want to take pride in our community. We want to have the nice property values. This is what we want to present as our face to people coming in and (to) people that live here.”

Dolan believes Oxford can be a community that’s “nice” and “friendly,” yet still adheres to standards.

“That in and of itself is what makes a good community – having good neighbors who comply with the law,” he said.