A. The village attorney is hereby authorized to file a cause of action in a court of competent jurisdiction to enforce the provisions of this article.
B. In an action pursuant to this article, the village shall have the initial burden of showing, by a preponderance of the evidence, that the property is a chronic nuisance property.
C. It is an affirmative defense to an action seeking the closure of chronic nuisance property that the owner of the property, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the nuisance activity leading to the findings that the property is a chronic nuisance property. (Ord. 2004-O-05 § 3)