9.36.070 Effect of abatement efforts – Defenses.
A. It shall be a defense to a notice and order that, before the service of the notice and order, the person served has:
1. Evicted, or attempted to evict by commencing and pursuing with due diligence appropriate court proceedings, all of the tenants and occupants of the parcel that committed each of the separate violations that constitute the alleged public nuisance; and
2. Undertaken and pursued with due diligence, considering the nature and extent of the separate violations, reasonable means to avoid a recurrence of similar violations on the parcel by the present and future tenants or occupants of the parcel.
B. Steps taken to abate the public nuisance after receiving a notice and order do not constitute a defense to penalties or other required actions provided for in a notice and order but may be taken into account by the hearing officer and the city council in upholding or denying, in whole or in part, any abatement order included in the notice and order. [Ord. 02-06 § 2.]