(A) An owner shall not be required to provide relocation assistance under this chapter if any of the following conditions are shown:
(1) The property owner can demonstrate by clear and convincing evidence that the non-complying condition was created by the tenant household or the tenant household’s guests or invitees, and was not created by the property owner or the owner’s agent neglect from undertaking maintenance or repairs that would have prevented or rectified the non-complying condition;
(2) The property owner can demonstrate by clear and convincing evidence that vacation on the unit or room was due primarily to a cause other than either:
(a) The noncomplying condition;
(b) The county’s or court’s determination that the rental unit, room or building was a non-complying building or unit; or
(c) The need to make repairs to rectify any non-complying condition.
(3) The tenant constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner;
(4) The property owner can demonstrate by clear and convincing evidence that the tenant household unreasonably prevented the owner or the owner’s agent from undertaking maintenance or repairs that would have prevented or rectified the non- complying condition;
(5) All noncomplying conditions are corrected, as determined by the county, prior to the time the tenant household has taken definitive steps to move;
(6) The notice to vacate, notice to abate life-threatening condition or declaration of substandard is rescinded or withdrawn by the county or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move;
(7) The property owner offers in writing to move the tenant household immediately into a replacement unit or room in the same building, and all of the following are true:
(a) The replacement unit or room is at least substantially comparable in size, condition and amenities as the former unit or room;
(b) The replacement unit or room complies with all applicable zoning, building and housing codes;
(c) The replacement rent is no greater than the rent charged for the former unit or room; and
(d) The offer was made prior to the time the tenant household had taken definitive steps to move.
(8) The tenant household is required to vacate the unit or room due solely to damage resulting from a natural disaster, earthquake, fire, flood, civil disturbance or accident outside the control of the property owner, if:
(a) The vacation is required within six months of such event; and
(b) The property owner can demonstrate that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire or other health and safety codes;
(9) The tenants are displaced as a result of a lawful eviction; or
(10) Tenants who have received relocation benefits and have re-rented a substandard structure within a 12-month period.
(B) Any provision of a lease or rental agreement for a rental unit or room in which the tenant household agrees to modify or waive any of its rights under this chapter, including its rights to relocation payments, shall be void as contrary to public policy.
(C) The owner shall have the burden of proving that any exemption in this section is applicable.
(1966 Code, § 19A-5) (Ord. 774, § 1(part))