It shall be a defense to the violation of this subchapter if an owner of property, or an owner of recorded equitable interest:
(A) Has instituted an eviction proceeding in accordance with Indiana law or otherwise evicted an offending tenant/occupant within 30 days of receipt of notice of criminal activities pursuant to § 132.25(E), against the tenant(s)/occupants(s) of the subject real estate who are suspected of the activity described in the notice sent pursuant to § 132.25(E). Additionally, an eviction proceeding must be completed within 90 days of commencement. In the event a landlord elects to evict an offending tenant, the 12-month period of scrutiny shall begin anew as of the eviction.
(B) Has reported the suspected public nuisance as defined in this subchapter and has provided reasonable cooperation to law enforcement in investigating and prosecuting such proscribed conduct.
(1979 Code, § 132.27) (Ord. 4194, passed 1-23-1995; Am. Ord. 4216, passed 9-11-1995; Am. Ord. 4583, passed 5-7-2001)