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Can You Sue A City For Not Enforcing Codes?

Suing a city for merely failing to enforce its codes is generally very difficult and often unsuccessful. Municipalities typically benefit from governmental or sovereign immunity, shielding them from lawsuits over many governmental functions. Code enforcement is almost universally classified as a discretionary governmental function, not a ministerial one. This 'discretionary function immunity' protects the city and its officials from liability for their choices regarding how and when to enforce regulations. Building codes and zoning ordinances are enacted for the general public welfare, not to create a specific private right of action for individuals to sue the city for non-enforcement. Overcoming these strong immunities typically requires demonstrating extraordinary circumstances, such as a 'special relationship' creating a direct duty, gross negligence, willful misconduct, or a direct constitutional violation. Simple non-enforcement, even causing issues, usually does not meet the exceptionally high legal bar required to sue the city.

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