§ 18-88. Burden of proof; affirmative defense.

(a)

In an action alleging a violation of this article, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property.

(b)

It is a defense to an action brought pursuant to this article that a responsible party could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic nuisance property. It is no defense that the responsible party was not at the property at the time of the incidents leading to the chronic nuisance situation.

(Code 2006, § 9.13.6)