2005-589-Ordinance No. 2005-005 Recorded 3/31/2005REVIEWED
LEGAL COUNSEL
REVIEWED
&2�
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' J URNAL 03/31/20
05 03:21:24 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON
An Ordinance Amending Title 5, Chapter 5.12, of the
Deschutes County Code relating to Occupancy ORDINANCE NO. 2005-005
Regulations
WHEREAS, the PC Zone referred to in Chapter 5.12 was changed to the Sunriver Urban
Unincorporated Community Zone in 1997; and
WHEREAS, Chapter 5.12 was not amended to reflect this change; and
WHEREAS, in order for the code provisions of 5.12 to be enforceable by the regulating authority it
must reflect the correct zoning, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
PAGE I OF 2 - ORDINANCE NO. 2005-005 (03/16/05)
Section 1. AMENDMENT. DCC Chapter 5.12 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in str-ikethfett .
-44-
DATED this �Z—day ofW 2005.
4 a/L C�
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, ORE N
Tom bEWOLF, Chair
DENNIS R. LUKE, Commissioner
Date of 1 s' Reading: day of-)�JIU 2005.
t
Date of 2 nd Reading: �0��day of )JQVQ�1U<2002r
I
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
Effective date: Z7—"'day of 2005.
ATTEST:
fi"�j --
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-005 (03/16/05)
Exhibit "A"
Chapter 5.12. OCCUPANCY (Ord. 91-044 § 1, 1991)
REGULATIONS
5.12.010.
Definitions.
5.12.015.
Definition -Dwelling unit.
5.12.020.
Definition -Overnight.
5.12.025.
Definition -Owner.
5.12.030.
Definition -Person.
5.12.035.
Definition -Rental occupant.
5.12.040.
Definition -Rents.
5.12.045.
Definition -Sleeping area.
5.12.050.
Occupancy limitations.
5.12.060.
Posting occupancy limitation.
5.12.070.
Notification.
5.12.080.
Violation.
5.12.010. Definitions.
As used in DCC 5.12, unless the context indicates
otherwise, certain words and phrases used in
DCC 5.12 are defined as set forth in DCC
5.12.015-045.
(Ord. 95-030 § 1, 1995; Ord. 91-044 § 1, 1991)
5.12.015. Definition -Dwelling unit.
"Dwelling unit" means any building or portion
thereof which contains separate living facilities,
including provisions for sleeping, eating, cooking
and sanitation.
(Ord. 91-044 § -1, 1991)
5.12.020. Definition -Overnight.
"Overnight" means anytime between the hours
from 10:00 p.m. and 7:00 a.m. on the following
day.
(Ord. 91-044 § 1, 1991)
5.12.025. Definition -Owner.
"Owner" means any fee title owner, any person
having a purchaser's equitable interest in the
property, or any person who acts as an agent for
such person, who rents a dwelling unit.
(Ord. 91-044 § 1, 1991)
5.12.030. Definition -Person.
"Person" means an individual or other legal
entity, including a corporation, association, firm,
partnership, joint stock company, trust and estate.
5.12.035. Definition -Rental occupant.
"Rental occupant" means a person over the age of
four years who occupies a rented dwelling unit.
(Ord. 91-044 § 1, 1991)
5.12.040. Definition -Rents.
"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.
(Ord. 91-044 § 1, 1991)
5.12.045. Definition -Sleeping area.
"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 the State
of Oregon, Building Codes Agency.
(Ord. 91-044 § 1, 1991)
5.12.050. Occupancy limitations.
Each dwelling unit in the Sunriver Urban
Unincon2orated Community �one 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.
(Ord. 95-030 § 1, 1995; Ord. 91-044 § 1, 1991)
5.12.060. Posting occupancy limitation.
There shall be posted conspicuously on or near
the front entrance door of each dwelling unit
regulated by DCC 5.12 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 "I ", attached hereto and by this
reference incorporated herein.
(Ord. 95-030 § 1, 1995; Ord. 91-044 § 1, 1991)
PAGE I of 2 — EXHIBIT "A" To ORDINANCE No. 2005-005 (3/16/05)
F-zhihit -A-
5.12.070. Notification.
Any person who rents or offers for rent a
dwelling unit for overnight rental occupancy in
the Sunriver Urban UnincoKporated Communi
Zone PC Zone shall inform the prospective
overnight rental occupant of the maximum
allowable overnight occupancy.
(Ord. 95-030 § 1, 1995; Ord. 91-044 § 1, 1991)
5.12.080. Violation.
Violation of any provision of DCC 5.12
constitutes a violation as follows:
A. Any person who rents or offers for rent a
dwelling unit in the Sunriver Urban
Unincorporated Communi1y Zone PC Zene
without posting the maximum allowable
overnight occupancy commits a class B
violation.
B. Any person who rents for money a dwelling
unit in the Sunriver Urban Unincolporate
Communijy Zone —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
violation.
C. Each and every rental occupant occupying a
dwelling unit in which the maximum
overnight occupancy has been exceeded as
provided by DCC 5.12 commits a class B
violation.
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 violation.
(Ord. 2003-021 §11, 2003; Ord. 95-030 § 1,
1995; Ord. 91-044 § 1, 1991)
PAGE 2 of 2 – EXHIBIT "A" To ORDINANCE No. 2005-005 (3/16/05)