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A person commits a forcible detainer who:

(a) By force or by menace and threats of violence, unlawfully holds and maintains possession of any premises whether the person was originally in lawful possession or not; or

(b) During the absence of the occupant, unlawfully enters upon said premises and who, after demand is made for the surrender thereof, refuses to surrender the same to such former occupant, the owner, or the landlord. [Ord. 31 § 4102, adopted, 7/12/2013.]