Marquette Heights CHAPTER 11 RENTAL REGISTRATION AND INSPECTION PROGRAM § 3-11-16
AFFIRMATIVE DEFENSE
Operative Text
The following shall not be affirmative defenses to a violation of this chapter. A. The owner or owner's agent did not receive notice, provided that the City issued notice according to the provisions of this chapter. B. The rental property or non-owner occupied property was inspected and issued a classification pursuant to section 3-11-11 of this chapter indicative of the City's satisfaction with the state of the property at time of investigation. The following are affirmative defenses to a violation of this chapter: A. Full correction of each and every violation charged against the defendant within thirty (30) days of notice. B. The violation charge has been caused by the current occupant or occupants, and the owner or owner's agent has persuasive evidence in support of such defense. C. The current occupant(s) have refused entry to the owner or owner's agent to the rental unit or non-owner occupied property or that part of the rental unit requiring correction, for the purpose of correcting the violation. (Ord. 889, 6-24-2019)
Marquette Heights CHAPTER 11 RENTAL REGISTRATION AND INSPECTION PROGRAM § 3-11-16 establishes which defenses are and are not available when a property owner faces a violation under the city's rental registration and inspection program. An owner cannot escape liability simply by claiming they never received notice (if the city properly issued it) or by pointing to a prior satisfactory inspection classification. However, the rule does recognize three valid defenses: correcting all cited violations within 30 days of notice, demonstrating that the current occupant caused the violation, or showing that the occupant refused the owner entry needed to make the required correction.
Plain English — not legal advice.
Under § 3-11-16, compliant operators generally document all city notices carefully and act swiftly, since full correction of every cited violation within 30 days of notice is one of the few recognized affirmative defenses. Operators also maintain records of any tenant-caused damage or refusals of entry, as persuasive evidence supporting those defenses is specifically required by this provision. Relying on a prior satisfactory inspection classification or a claim of non-receipt of notice will not shield an owner from liability if the city followed proper notice procedures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 3-11-16, tenants should be aware that an owner may raise an affirmative defense if they can show the tenant caused the violation or refused entry for repairs. Tenants who believe a violation exists and that their landlord is improperly using one of these defenses may consider contacting the City of Marquette Heights directly or reaching out to a local tenant-rights organization for guidance. Understanding which defenses are and are not available under this provision can help tenants better navigate the inspection and enforcement process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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