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1991-33093-Ordinance No. 91-044 Recorded 11/4/19911. REVIE ® � 0037 LE L CC)UNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE9-00U1NTY, OREGON An Ordinance Amending Chapter 5.12, Occupancy Regulations, of the Deschutes County Code Declaring Emergency. * * C'-f.f� m�"1 and an 9,�..33093 ,-c�' ORDINANCE NO. 91-044 `? P.1 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,{r 7 EG!ON, ORDAINS as follows: ? N Section 1. Chapter 5.12, Occupancy Regulations, Deschutes County Code is amended to read as set forth in Exhibit "A" attached hereto and by this reference incorporated herein. Section 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this _-6 day of October, 1991. A EST: Recording Secretary BOARD OF FOUNTY COMMISSIONERS OF DES ES COUNTY, OREGON iii; � • • • • � . _ . - WERM ICK MAUDLIN; Chairman �C�FlC7v1E[3 CH ED NOV 2 5 1991 1 - ORDINANCE NO. 91-044 (10/30/91) i Chapter 5.12 OCCUPANCY REGULATIONS 5.12.010 Definitions. As used in this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows: A. "Dwelling Unit" means any building or portion thereof which contains separate living facilities, including provisions for sleeping, eating, cooking and sanitation. B. "Overnight" means anytime between the hours from 10:00 p.m. and 7:00 a.m. on the following day. C. "Owner" means any fee title owner, any person having a purchasers equitable interest in the property, or any person who acts as an agent for such person, who rents a dwelling unit. D. "Rental occupant" means a person over the age of four years who occupies a rented dwelling unit. E. "Rents" means the granting of a right or license to use a dwelling unit in exchange for money, goods or services, or combination thereof, or by gift, when the owner is not present and in charge of the dwelling unit. F. "Person" means an individual or other legal entity, including a corporation, association, firm, partnership, joint stock company, trust and estate. H. "Sleeping area" means a bedroom or loft within a dwelling unit which meets the requirements of the Uniform Building Code, Structural Specialty Code, or the CABO One and Two Family Dwelling Specialty Code, as adopted by 1 - ORDINANCE NO. 91-044 EXHIBIT ®168 0038 the State of Oregon, Building Codes Agency. 5.12.020 Occupancy limitations. Each dwelling unit in the PC Zone which the owner rents to an overnight rental occupant shall have a maximum allowable number of overnight rental occupants of two persons per sleeping area plus two additional persons. 5.12.030 Posting occupancy limitation. There shall be posted conspicuously on or near the front entrance door of each dwelling unit regulated by this chapter a notice specifying the maximum allowable number of overnight rental occupants that may occupy the dwelling unit overnight. The format of notices of the maximum allowable number of overnight occupants that may occupy the dwelling unit shall be as shown in Exhibit "1", attached hereto and by this reference incorporated herein. 5.12.040 Notification. Any person who rents or offers for rent a dwelling unit for overnight rental occupancy in the PC Zone shall inform the prospective overnight rental occupant of the maximum allowable overnight occupancy. 5.12.060 Violation -Infraction. Violation of any provision of this chapter constitutes an infraction as follows: A. Any person who rents or offers for rent a dwelling unit in the PC Zone without posting the maximum allowable overnight occupancy commits a class B infraction. B. Any person who rents for "A" (10/30/91) money a dwelling unit in the PC Zone without informing, in writing, in the rental agreement or by separate document, the prospective rental occupant of the maximum allowable overnight occupancy commits a class B infraction. C. Each and every rental occupant occupying a dwelling unit in which the maximum overnight occupancy has been exceeded as provided by this chapter commits a class B infraction. D. Any person who offers for rent or rents a dwelling unit for overnight occupancy to a person with actual knowledge that the person intends to exceed the maximum allowable overnight rental occupancy of the dwelling unit commits a class A infraction. 2 - ORDINANCE NO. 91-044 EXHIBIT "A" (10/30/91) EXHIBIT "1"