§ 2-444. Defenses to code violations.

It shall be a defense to a code violation charge under this article if the property owner,

his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:

(1)

The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

(2)

The code violation has been caused by the current property occupants and that in spite of reasonable attempts by the property owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;

(3)

An occupant or resident of the dwelling has refused entry to the property owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation.

(Ord. No. 96-21, art. X, 11-4-1996)