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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Regulating JUL 26 PH12: 06
the Occupancy of Certain
Dwelling Units in the UJN Y CLERK
Planned Community (PC)
Zone and Declaring an * 010'7 0500
Emergency.
ORDINANCE NO. 91-027
WHEREAS, development authorized in the Planned Community (PC)
Zone is planned and permitted based upon the facilities and
services which are available or will be provided; and
WHEREAS, the rental of dwellings has a direct effect on the
carrying capacity of the facilities and services planned and
provided in the developments approved in the PC Zone; and
WHEREAS, in order to assure that facilities and services will
not be overburdened by the occupancy of rental properties within
the PC Zone, it is necessary to provide limits upon the occupancy
of certain dwelling units; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Title 5.12 as set forth in Exhibit "A" attached
hereto and by this reference incorporated herein is hereby added to
and made a part of the Deschutes County Code.
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 ,j� day of July, 1991.
AT ES
Recording Secretary
BOARD OF(COUNTY COMMISSIONERS
OF DE�SQii TES COUNTY, OREGON
TOM 1THROO , Comm- s1hioner
NANCY LANGEN, Co i sioner
DICK MAUDLIN-,
1 - ORDINANCE NO. 91-027 (7/25/91)
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. to 7:00 a.m. on the
following day.
C. "Overnight occupant"
means:
1. A person who is not
an owner who enters into an
agreement for such person
and/or other rental occupant to
occupy a dwelling unit for
thirty days (30) or less in
exchange for payment to the
owner of money or other goods
or services; or
2. A person and/or other
rental occupant who is not an
owner who receives a right to
occupy a dwelling unit from the
owner by gift.
D. "Owner" means any fee
title owner, any person having
an equitable interest in the
property, or any person who
acts as an agent for such
person, who rents a dwelling
unit.
E. "Rent" or "Rented" means
the granting for money, or in
exchange for goods or services,
of a right or license to use a
dwelling unit.
F. "Rental occupant" means
an individual four years of age
or older.
G. "Person" means an
individual or other legal
2 - ORDINANCE NO. 91-027 (7/25/91)
010'7 0501
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
the State of Oregon, Building
Codes Agency.
5.12.020 Occupancy
limitations.
Each dwelling unit rented by
or on behalf of the owner to
others shall have a maximum
allowable overnight occupancy
of two persons per sleeping
area plus two additional
persons.
5.12.030 Posting occupancy
limitation.
Each dwelling unit regulated
by this chapter shall have the
maximum allowable overnight
rental occupancy posted
conspicuously on or near the
front entrance door of the
dwelling unit. The Deschutes
County Community Development
Department shall specify the
format and location in which
the maximimum allowable
overnight occupancy shall be
posted.
5.12.040 Notification.
Any person who rents out or
offers for rent a dwelling unit
in the PC Zone shall inform
renters or prospective renters
of the maximum allowable
overnight occupancy.
5.12.060 Violation -Infraction.
Violation of any provision
of this chapter constitutes an
infraction as follows:
- EXHIBIT "A"
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 a
dwelling unit in the PC Zone
without orally informing the
renter before the renter enters
into an agreement to rent the
dwelling unit 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 the
chapter commits a class B
infraction.
D. Any person who offers
for rent or rents a dwelling
unit for overnight occupancy
which is not licensed in
accordance with section
5.12.050 of this code commits a
class B infraction.
E. 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 occupancy of the
dwelling unit commits a class A
infraction.
3 - ORDINANCE NO. 91-027 (7/25/91) - EXHIBIT "A"
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