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HomeMy WebLinkAbout91-02791-22167 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" 0107 0502