What is a common defense used by property owners against code enforcement actions?

A common defense used by property owners against code enforcement actions is the assertion of lack of notice regarding the alleged violation. For code enforcement to be justified, property owners must be adequately informed of any violations so they can take corrective action. If a property owner can demonstrate that they were not properly notified of the violation, this can serve as a valid defense against enforcement actions. The principle behind this defense rests on the notion of due process; individuals should not be penalized for something they were not made aware of.

This defense is important because it emphasizes the responsibility of the enforcing agency to ensure that property owners receive sufficient notification, allowing them the opportunity to remedy any issues before penalties are imposed. Inadequate notice can undermine the legitimacy of the enforcement process.

In contrast, claims about the intent behind a violation, prior ownership, or historical enforcement practices do not address the fundamental requirement of notification and therefore are less effective as defenses in this context.