It is a defense to an action seeking the declaration or the property as a nuisance property that the owner or the property at the time in question could not, in the exercise of reasonable care or diligence, determine that nuisance activity was occurring upon the property, or could not, in spite of the exercise of reasonable care and diligence, prevent a third party from engaging in the conduct constituting the nuisance activity complained of by the municipality. It shall abo be a defense for an owner, if prior to the Owner being served notice of enforcement proceedings, the Owner or his or her or its property manager or other designee, notified a law enforcement agency or suspected illegal activity and has started the eviction process against any tenant or occupant responsible for the nuisance activity complained of. It shall also be a defense if an owner has made a good faith effort to implement the reasonable mitigation or abatement plan requested by the chief law enforcement officer, pursuant to clause A.2. of Section 5-9-2, but the nuisance activity has not been mitigated or abated. It shall also be a defense if an owner, in trying to mitigate or abate the nuisance activity prosecuted an eviction action against the tenant but the eviction was denied by a court. (Ord. 23-01, 5-2-2023)