(A) All dwellings, except as exempted by division (B) below;
(B) Nothing in § 93.04 shall apply to:
(1) Any single-family house sold, or rented, by an owner; provided, that such private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale, or who was not the most recent resident of such house prior to such sale, the exemption granted by this division (B) shall apply only with respect to one such sale within any 24-month period; provided, further, that such bona fide private individual owner does not own any interest in, nor is there owned, or reserved, on his or her behalf, under any express, or voluntary, agreement, title to, or any right to, all, or a portion, of the proceeds from the sale, or rental, of more than three such single-family houses at any one time; provided, further, that the sale, or rental, of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:
(a) Without the use in any manner of the sales, or rental, facilities, or the sales, or rental, services of any real estate broker, agent, or salesman, or of such facilities, or services, of any person in the business of selling, or renting, dwellings, or of any employee, or agent, of any such broker, agent, salesperson, or person; and
(b) Without the publication, posting, or mailing, after notice of any advertisement, or written notice, in violation of § 93.04(C) of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect, or transfer, the title.
(2) Rooms, or units, in dwellings containing living quarters occupied, or intended to be occupied, by no more than four families living independently of each other, if the owner actually maintains, and occupies, one of such living quarters as his or her residence.
(C) For the purposes of division (B) above, a person shall be deemed to be in the business of selling, or renting, dwellings if:
(1) He or she has, within the preceding 12 months, participated as principal in three, or more, transactions involving the sale, or rental, of any dwelling, or any interest therein;
(2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales, or rental, facilities, or sales, or rental, services in two, or more, transactions involving the sale, or rental, of any dwelling, or any interest therein; or
(3) He or she is the owner of any dwelling designed, or intended, for occupancy by, or occupied by, five, or more, families.
(Prior Code, § 15.16.03) (Ord. 2013-10, passed - -) Penalty, see § 93.99