If an individual claims unfair treatment in code enforcement, what defense is commonly raised?

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Discriminatory enforcement is often cited as a defense when an individual claims unfair treatment in code enforcement. This concept refers to the situation where enforcement actions are not applied equally to different persons or groups based on arbitrary distinctions, rather than on legitimate factors such as the severity of a code violation or the compliance history of a property owner.

In this context, an individual may argue that they have been singled out for enforcement actions while others in similar circumstances have not faced the same scrutiny. It underscores the principle that all individuals should be treated fairly and equally under the law. When the enforcement of codes appears biased or is shown to target a particular group, it raises concerns about justice and equality, prompting individuals to assert discriminatory enforcement as a defense against penalties or actions taken against them.

The importance of this defense is reflected in various legal precedents and the broader legal framework that seeks to ensure fair treatment in the enforcement of regulations, making it a significant claim in disputes concerning code enforcement.

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