§ 132.057 EVICTION PROCEEDINGS AS A DEFENSE.
   (A)   A property owner, who receives notice of illegal conduct or activity occurring on the property and who institutes, and prosecutes to conclusion, an eviction proceeding concerning that same property within 30 days of receipt of the city’s notice of criminal activities, and who provides the city with a plan for preventing further nuisance at that property, shall be in compliance with the ordinance.
   (B)   The city shall make available, to the extent permitted by law, its records, documents, photographs, inspectors, and officers for use in eviction hearings to provide evidence and testimony as to illegal conduct occurring on the property at issue.
   (C)   If the occupant of the real estate prevails on the merits, not by reason of procedural irregularities, or failure to prosecute by the property owner, and demonstrates to the Court that illegal activity has not occurred on the property, the property owner is relieved of the requirement of eviction of that occupant at that time.
(Ord. 13-0021, passed 8-26-2013)