What role does "enforcement discretion" play in code enforcement?

Enforcement discretion is a critical concept in code enforcement that recognizes the need for officers to apply their judgment in deciding when and how to enforce the codes. This ability allows them to weigh the circumstances of each situation and determine the most appropriate course of action, rather than enforcing codes in an inflexible manner.

Having enforcement discretion means that code enforcement officers can prioritize certain violations over others, particularly in cases where resources are limited or where an immediate response may not be necessary. This approach can lead to a more efficient use of time and resources, allowing officers to focus on more significant issues that pose a greater risk to public safety or welfare.

For example, an officer might decide to give a warning for a minor infraction, such as an overgrown lawn, while opting to take immediate action against unsafe building conditions. This flexibility is essential in promoting compliance and fostering positive relationships between the enforcement agency and the community.

While there may be established guidelines and policies that officers should follow, the nature of many code violations means a one-size-fits-all approach is often impractical. Thus, enforcement discretion provides a balanced framework for ensuring compliance with codes while considering the practical realities of each situation.