§ 38.09  DEFENSES TO BUILDING CODE VIOLATIONS.
   It shall be a defense to a Building Code violation being adjudicated under the authority of ILCS Ch. 65, Act 5, §§ 11-31.1-1 et seq. of the Illinois Municipal Code, if the property owner, his 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 occupant, and that, in spite of reasonable attempts by the owner to maintain the property free of such violations, the current occupants continue to cause the violations; and
   (C)   An occupant or resident of the property has refused entry to the owner or his agent to all or a part of the property for the purpose of correcting the code violation.
(Ord. 2011-24, passed 7-7-2011)