Code Enforcement Principles

These principles guide all Code Enforcement related strategies, decisions, actions, and investigations:

Proportionality:   We base all enforcement decisions on evidence of non-compliance and in proportion with the consumer risk caused by the violation.  This means relating enforcement activity to risk.  When the law requires that risks should be controlled, so far as is reasonably practicable, the cost of the remedy as well as the degree of risk will be taken into account.  In some cases there are specific requirements in the law to take account of the cost of the remedy.

Consistency:   We take a consistent enforcement approach in similar circumstances. This does not mean uniformity of approach, but rather that a similar approach is taken in similar circumstances to achieve similar ends. Many variables are taken into account including: the scale of impact, the attitude and actions of the individuals, and the history of previous incidents.  Decisions on enforcement action are a matter of professional judgment.

Transparency:   This is important to maintain public confidence in the Town’s ability to regulate.  It means helping those regulated, and others, to understand what is expected of them and what they should expect from us.  It also means making it clear why an officer intends to, or has taken, enforcement action.  We will clearly distinguish between legal requirements, and advice or guidance about what is desirable but not required by Code or Ordinance.

Targeting:   We take swift enforcement action to minimize citizen harm after thoroughly evaluating the evidence and considering mitigating or aggravating factors, and we administer the appropriate level of discipline to change behavior and deter future violations.  This means making sure that inspections or actions are directed primarily to those activities which give rise to the most serious risks or where hazards are least well controlled.  Routine inspections of businesses and houses in multiple occupations are prioritized according to an assessment of the risk they pose.

1. The Bureau of Home Furnishings and Thermal Insulation (BHFTI)

2. Exeter UK (United Kingdom) City Council