Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?
Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good reason, so we are back to square A. He will not provide his reason to the homeowners who filed the complaint. Favoritism is happening, which can be proven. This will not only devalue the surrounding properties but also create stress for innocent homeowners. What is the best legal route to go?
A:
First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.
A potential legal action route might be a petition for writ of mandamus, which is a request for a court order to public officials to carry out their duties; however, such a petition will not fly if the court deems the code enforcement decision to be discretionary - that is, if the Court determines that it is totally up to code enforcement which code provisions they would like to enforce. Another potential legal action is under the law of nuisance - for example, if a property owner's failure to maintain the land results in something physically harming the adjacent lands, like run-off or unwanted critters. (A decline in property values, alone, would probably not qualify as a nuisance, but could be an issue to be researched.)
Perhaps your local media outlets would be interested in the story and would cause something to happen by way of embarrassment.
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