Sec. 134-479. Affirmative defenses.
(a) It shall be an affirmative defense to an action brought pursuant to this article that the owner of the motor vehicle was not involved in the vehicular public nuisance or vehicular public nuisance activity and that the owner did not know and was not willfully blind towards the vehicular public nuisance or vehicular public nuisance activity.
(b) It shall be an affirmative defense to an action brought pursuant to this article that the owner has acted diligently and with good faith to correct the vehicular public nuisance. In addition to any other facts the court considers relevant, the court shall consider the following in determining whether the owner has acted diligently and with good faith:
(1) Whether the owner has taken all reasonable steps to abate the vehicular public nuisance activity and restrain and prevent future nuisance activity;
(2) Whether the steps taken by the owner have been effective, the vehicular public nuisance no longer exists, and recurrence of the vehicular public nuisance activity does not appear likely; and
(3) Whether the owner or any agent, employee or assign was involved in activity which created or encouraged the vehicular public nuisance condition.
(c) The court shall consider competent evidence that rebuts any or both affirmative defenses. (Ord. No. 2021-23, § 1, 7-26-2021)