§ 54-209. Defense to code violations.

It shall be an affirmative defense to a code violation charged if the property owner, his attorney, or any other agent or representative proves to the satisfaction of the hearing officer that:

(1)

The code violation alleged in the notice did not in fact exist at the time the violation notice was issued or at the time of the hearing the violation has been remedied or removed.

(2)

The code violation has been caused by the current building occupants and that despite reasonable attempts by the property owner to maintain the structure or premises free of such violations, the current occupants continue to cause the violations.

(3)

That an occupant or resident of the structure or premises has refused entry to the property owner or his agent, on two or more occasions, to all or a part of the dwelling for the purpose of correcting the code violation.

(Ord. No. 2008-78, § 4(36-48), 10-13-2008)