§ 1.07.180. Unified Development Code; person in possession; evidentiary presumption.

(A)

In any prosecution for violation of the Unified Development Code, a person in possession or control of the premises, as owner or lessee at the time of the violation, or continuance thereof, shall be presumed to be the person who caused the violation. This presumption shall be rebuttable by production of evidence to the contrary and either the City or the defendant in such prosecution shall have the right to show that the offense was committed by some person other than, or in addition to, an owner or lessee or other person(s) in possession or control of the premises. This shall not be construed as relieving a person in possession and control of property from any prosecution imposed upon him or her.

(B)

That a person is taxed according to the records of the Jackson County Assessor shall be prima facie proof that the person is in possession or control of the premises. Where premises on which the violation is committed are commercial or industrial premises on which a sign is situated identifying the commercial or industrial activity conducted thereon, the same shall constitute prima facie proof that the person is in possession or control of the premises as owner or lessee, any agent, manager, employee or other person who actually committed the violation.

(Code 1981, § 1.07.180; Ord. No. 433, 10-17-1995; Ord. No. 588, 11-4-2008)