A. The city attorney is hereby authorized to file a cause of action in a court of competent jurisdiction to enforce the provisions of this chapter.
B. In an action pursuant to this chapter, the city shall have the initial burden of showing by a preponderance of the evidence that the premises 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 premises, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the premises had become a public nuisance premises, or could not, in spite of the exercise of reasonable care and diligence, control the nuisance activity leading to the findings that the premises is a chronic nuisance property. (Ord. M-33-07, 10-15-2007)