It shall be a defense to an owner of property for which a charge of a building code violation or nuisance under this chapter is made if the owner of the property, his or her attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
A. The code violation or nuisance alleged in the notice does not in fact exist, or at the time of the hearing, the violation or nuisance has been remedied or removed;
B. The code violation or nuisance alleged in the notice has been caused by the current property occupants and that, in spite of reasonable attempts by the owner to maintain the dwelling free of such violation or nuisance, the current occupants continue to cause the violation or nuisances; or
C. An occupant of the dwelling has refused entry to the owner or his or her agent to all or part of the dwelling for the purpose of correcting the code violation or nuisance. (Ord. 21-0109, 1-11-2021)