§ 33.222 DEFENSE TO VIOLATION.
   It shall be a defense to a violation of this section if the owner has instituted an eviction proceeding within 30 days of the notice against the offending tenant(s) and all occupants of the premises, and completes the eviction within 75 days of commencement of the eviction proceeding or as soon thereafter as court procedure will allow. In the event that judicial proceedings or quasi-judicial proceedings prohibit an owner from proceeding with an eviction, enforcement under this subchapter will be stayed until the judicial or quasi-judicial proceeding is resolved. It shall be the responsibility of the owner to provide in writing to the Code Official, notice that an eviction proceeding has been instituted and to provide other proof of the proceeding as may reasonably be requested by the Code Official.
(Ord. 2018-06, passed 4-11-2018; Ord. 2022-2, passed 3-24-2022)