try forgetting ICE and brudgers for a moment, and playing devil's advocate, is there any circumstance or reason where it would be okay to require something based upon your perception of someone's future actions? When we red tag a house for work without a permit and there are only bundles of shingles sitting on the roof, but no work has actually been performed, are we over stepping our bounds (remember I am not comparing this to ICE's example), or should we have tagged them for illegal out-door storage, and then when work starts come back and tag for work without a permit? To stay consistently within the boundaries of the code, and adhere to the strictest interpretation or sense of the code is the other end of the spectrum, and yet it is still covered by such technicalities. Your refusal to settle can be admirable, and yet it remains a personal conviction which is not required by the code, and can be overturned by the BO, or SBO, or SOB if there personal conviction does not agree with yours.