Thank you jhutson. As you stated, the landlord is only responsible for "health and safety" issues in this circumstance. Of course that is subject to the individual interpretation of the compliance officer and ultimately the court, but you don't want to go down that road unless absolutely necessary.
Andy R, you might want to visit with the code enforcement officer to discuss this interpretation in advance and ask what you can do to protect against fraudulent claims of a delinquent tenant. This is a "people" business as much, if not more than a real estate business.