8.08.140 Burden of proof, defenses.
A. In an action seeking the closure of chronic nuisance property, the city has the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property. If the City is seeking penalties under Section 8.08.150( ), the City has the initial burden of proof to show by a preponderance of the evidence that the conditions of that section are satisfied.
B. It is a defense to an action seeking closure of chronic nuisance property that the owner of the property at the time(s) in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the finding that the property is chronic nuisance property.
C. In establishing the amount of any civil penalty requested, the court may consider the following factors:
1. The actions taken by the owner(s) to mitigate or correct the problem at the property;
2. Whether the problem at the property was repeated or continuous;
3. The magnitude or gravity of the problem;
4. The cooperativeness of the owner with the city;
5. The cost to the city of investigating and handling the problem;
6. Any other factor the court deems relevant.