It shall be a defense to a building code violation if the owner, his or her attorney, or any other agent or representative proves to the Hearing Officer’s satisfaction that:
(A) The code violation alleged in the notice 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 that in spite of reasonable attempt by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations; and
(C) An occupant or resident of the dwelling has refused entry to the owner or his or her agent to all or a part of the dwelling for the purpose of correcting the code violation.
(Ord. 4013, passed 9-21-2009)