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  1. #1

    Default Can a Mayor Be Sued for Not Enforcing an Ordinance

    My city in Indiana has an job ordnance that has never been enforced by the mayor pass or present. The city council amended the ordinance in 2016. They amended the ordinance to help the construction companies to be compliant. The ordinance was not the problem, enforcing it was the problem!! Can the city be sued for dereliction of duty?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Mayor Be Sued for Not Enforcing an Ordinance

    In most cases, enforcement of a crime is a political decision and a LACK of enforcement is not generally actionable. If a city could be held accountable for not enforcing ordinances, most cities would probably be mired in legal action forever! No state I know of requires a jurisdiction to enforce any and all laws within its jurisdiction. While there may be problems that could arise through the use of selective enforcement, it would be rare to find any liability attached to NO enforcement ... in most instances.

    Even if it might be, for some reason, YOU would have to show some standing in order to sue. How have you been harmed by the city's failure to enforce it's own rules?

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