IJ Issue
Code Enforcement
Code enforcement is when the government fines people for the condition of their property. Typically, a code enforcement officer will be looking for violations of a city’s “nuisances” or “minimum housing standards” sections of its municipal code. Officers usually identify violations as part of routine patrols or based on tips, which are often anonymous. But many municipal codes have made otherwise harmless conditions illegal. That gives officers a pretext to come on people’s private property and harass innocent homeowners.
What Does Code Enforcement Look For?
Though codes can vary from city to city, there are a lot of commonalities. Some of the most common code violations include:
- Cracks in the driveway
- Chipped paint on a home’s siding
- High weeds and other overgrown vegetation
- Torn window or door screens
- Downed tree limbs
- Grass that’s grown too long
But plenty of municipalities have expanded code enforcement in absurd ways. The Institute for Justice has challenged ordinances that authorized fines for:
- Mismatched curtains
- Holding a barbeque in the front of a house.
- Piling a stack of firewood in the backyard
- Growing a vegetable garden in the front yard.
When a violation is identified, municipalities may give the owner an opportunity and grace period to fix the issue before issuing a fine. But many cities don’t require sending homeowners proper notice of a violation. So fines may accrue without a homeowner even being aware of an issue. Worse, some cities don’t just issue a one-time citation for a code violation. Instead, the citation sets a fine amount, and that amount accrues each and every day until the city confirms the violation has been fixed. As a result, fines can quickly snowball into thousands of dollars, even if the city didn’t properly notify the homeowner about the violation.
By generating revenue from fines and fees, code enforcement can be a form of “taxation by citation.” Instead of protecting the public and addressing genuine health and safety concerns, more and more cities are using code enforcement to raise revenue.
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Code Enforcement Cases
Code Enforcement | Fines and Fees | Private Property | Private Solutions to Public Problems | Zoning Justice Project
Albuquerque Bookstore Owner Partners with IJ to Defend Right to Provide Safe, Private Shelter
Gil Kerley, owner of Quirky Used Books & More in Albuquerque, New Mexico, sought to address the city’s worsening homelessness crisis by providing a safe and private space for homeless people…
Code Enforcement | Fines and Fees | Private Property
Eminent Domain in Disguise: Putting an End to Charlestown, Ind.’s Unconstitutional Home Inspection Scheme
A small-town mayor in rural Indiana has made it his personal mission to oust the residents of a tight-knit working-class neighborhood, bulldoze their homes and build a fancy new subdivision for much wealthier people. The only things standing in his way are a plethora of state statutes, the Indiana and U.S. constitutions and IJ, which has filed a lawsuit against the city on behalf of dozens of property owners.
Code Enforcement News
Victory! Humboldt County Settles Landmark Lawsuit, Ending Ruinous Fine System That Punished Innocent California Homeowners
Five Humboldt County property owners, represented by the Institute for Justice (IJ), have reached a settlement with Humboldt County that dismantles the code-enforcement system the county used to hit innocent…
Victory! Illinois Village Agrees to Let Laura’s Garden Grow After IJ Letter
The village of Millstadt, Illinois will not be pursuing enforcement action against gardener Laura Schaefer after the Institute for Justice (IJ) sent a letter informing them that any such action would be illegal under the Illinois Garden Act.
Illinois Village Orders Woman to Destroy Garden, a Violation of the State’s Right-to-Garden Law
ARLINGTON, Va.—Laura Schaefer knows the difference between a weed and a desirable plant. A botany instructor with decades of experience, Laura has spent more than five years transforming a set of vacant lots…
Supreme Court Declines to Hear Case Challenging New York City’s ‘Unreviewable’ Code Fines
WASHINGTON—Yesterday, the United States Supreme Court declined to hear a New York City man’s lawsuit challenging the city’s scheme of issuing “unreviewable” fines to enforce the city’s building code. Serafim Katergaris and his…
Florida Supreme Court Ends Homeowner’s Fight Against $100,000 Fine for Parking on Her Own Driveway
ARLINGTON, Va.— The Florida Supreme Court declined to hear the case of Lantana resident Sandy Martinez, who was challenging the sky-high fines for minor infractions issued to her by the city. The…
Case Closed: Pasco Sheriff Admits “Predictive Policing” Program Violated Constitution
For more than three years, the Pasco County, Fla. Sheriff vigorously resisted a federal lawsuit brought by the Institute for Justice (IJ) challenging a controversial policing program that resulted in repeated…
Code Enforcement Research
Code Enforcement | Fines and Fees | Private Property
Are Municipal Fines and Fees Tools of Stategraft?
Most, if not all, incorporated communities in the United States have municipal and traffic codes that delineate the powers and duties of local governments or provide rules and regulations for public activity in the…
Code Enforcement | Fines and Fees | Private Property
A Case Study of Municipal Taxation by Citation
This study examines taxation by citation—local governments using code enforcement and the justice system to raise revenue rather than solely to advance public health and safety. It does so through a detailed case study of…