Code Enforcement Is Harassing Us

Question Details: My mother has been harassed by the city code enforcement for several years now, because of the appearance of her yard. I know for a fact that several homes in the area are in violation of some of the same codes as my mother and the city does not bother them. Is there anything that can be done to have them stop, short of paying money we don't even have just to make the yard "look nice"?

Asked 11/4/2009 under Real Estate | 248 View(s) | More Legal Topics

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Timothy McCormick / Libris Solutions Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

Unless they are discriminating for some illegal reason, such as race, code enforcement has pretty much an unfettered right to apply their enforcement efforts as they see fit.  You say other homes have "some of the same" violations as your mother.  If your mother has many violations and the other houses only have some, that is a logical reason to enforce against your mother as a priority.  Code enforcement also tends to follow the "squeaky wheel gets greased" rule, by which I mean they often only enforce where there are complaints.  So if there have been complaints about your mother's house and not others, again that is a logical and legal reason to focus on her.  The last issue is simply being "on the radar."  Once they have a file open on a property, it will get more attention.  Again, there is nothing illegal about that.

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