It shall be a defense to a code violation under this chapter if the owner or his or her representative proves to the satisfaction of the Hearing Officer that:
(A) The Building Code violation alleged in the citation does not in fact exist or at the time of the hearing the violation has been remedied or removed;
(B) The code violation has been caused by the current property occupants and in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations; and/or
(C) An occupant or resident 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.
(Prior Code, § 40.05) (Ord. 02-O-1737, passed 9-4-2002)