No person shall be charged with violation of this subchapter if such person:
(A) Has instituted eviction proceedings within ten days of receipt of notice of alleged prohibited conduct as provided herein, against the tenant or occupant whose suspected prohibited conduct would otherwise give rise to potential liability under this subchapter;
(B) Has proceeded with reasonable diligence in the prosecution of the eviction proceedings;
(C) If any eviction proceedings are not completed within 30 days by reason of court ordered delays in such proceedings, the person charged with a violation of this subchapter must, nonetheless, move forward expeditiously with any such eviction proceeding;
(D) Has initiated an action under IC 32-30-8 et seq. or any other similar eviction law which will cause such prohibited conduct to cease upon the property; or
(E) Has requested the assistance of the Police Department in providing evidence at any evidentiary hearing in an eviction proceeding entered hereunder and the Police Department has either failed or refused to appear or to provide evidence in support of the eviction action.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)