§ 2-14-155

Defenses to building code violations

It shall be a defense to a building code violation adjudicated under this article, if the owner, manager, person exercising control, his attorney, or any other agent or representative proves to the administrative law officer that:


The building code violation alleged in the notice did not in fact exist at the time of the inspection resulting in the notice;


At the time of the hearing on the issue of whether the building code violation does or does not exist, the violation has been remedied or removed. This subsection (b) shall not create a defense to a violation of Section 13-12-135(d)(5)(C), or to a person or entity that is an architect, structural engineer, contractor or builder who has been charged with a violation of Section 13-12-050 or Section 13-12-060 of this Code; nor shall it be a defense for any violation of Section 13-20-550 or Section 17-12-0709 pertaining to any off-premises sign, as that term is defined in Section 17-17-02108; nor shall it be a defense for any violation of Section 4-6-290(f)(5)(i), Sections 13-64-120 through 13-64-180, Section 13-64-400(m), Section 13-80-030(c), Section 13-84-350, Sections 13-196-100 through 13-196-160, Sections 13-196-240(d), Section 13-196-240(f) or Section 13-208-130 pertaining to smoke detectors; nor shall it be a defense for any violation of Sections 13-64-190 through 13-64-280 or Section 13-196-165 pertaining to carbon monoxide detectors. However, for violations of Sections 13-196-400 through 13-196-440 of this Code, it shall be a defense under this subsection only where the violation has been remedied or removed within seven days of service of notice of the building code violations as provided under Section 2-14-152;


The building code violation has been caused by the current building occupants, or the most recent occupants who have been evicted within 30 days of the date of the notice of building code violations, and that in spite of reasonable attempts by the owner, manager, or person exercising control to maintain the building free of such violations, the current or evicted occupants caused the violations;


An occupant or resident of the building has refused entry to the owner or his agent to all or a part of the building for the purpose of correcting the building code violation.

This section does not create a defense to a person who has been charged with encouraging or permitting illegal activity on any premises in violation of Section 8-4-090 of this Code, or with a violation of Section 10-28-281.6, 10-28-281.7 or 10-28-281.8 of this Code.

(Added Coun. J. 4-29-98, p. 66564; Amend Coun. J. 4-21-99, p. 92160, § 1; Amend Coun. J. 7-25-01, p. 64897, § 1; Amend Coun. J. 12-4-02, p. 99026, § 7.5; Amend Coun. J. 12-4-02, p. 100455, § 1; Amend Coun. J. 7-26-06, p. 81367, § 1; Amend Coun. J. 11-13-07, p. 15814, § 3; Amend Coun. J. 7-39-08, p. 36080, § 4; Amend Coun. J. 4-24-12, p. 25060, § 1; Amend Coun. J. 11-5-14, p. 96194, § 1)



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