§ 97.10. EVICTION PROCEEDINGS AS A DEFENSE.  


Latest version.
  • No person shall be charged with the violation of this chapter if such person:
    (A) Has instituted eviction proceedings within 10 days of receipt of an eviction filing order, in accordance with division (B) of this section, against the tenant responsible for a nuisance or nuisance activity;
    (B) Has proceeded with reasonable diligence in the prosecution of said eviction proceedings;
    (C) If any eviction proceedings are not completed within 30 days by reason of court-ordered delays in such proceedings, the person charged with the violation of this chapter must, nonetheless, move forward expeditiously with any such eviction proceedings; or
    (D) Has initiated an action under I.C. 32-30-8-1 et seq. or any other similar eviction law which will cause such nuisance or nuisance activity to cease upon the property.
    (Ord. 2016-01, passed 2-15-2016)