(a) An owner of real property that is otherwise subject to the rental inspection and registration laws that are set forth in Chapter 1318 of the Fairport Harbor Codified Ordinances is eligible to apply for a limited exemption for property that is being leased, subleased, assigned or otherwise being occupied by the Owner’s grandfather, grandmother, stepfather, stepmother, father, mother, brother, sister, son, daughter, stepson or stepdaughter.
(b) Any owner of a rental unit that wishes to apply for a Limited Family Member exemption must (a) pass an initial inspection of the rental unit and pays the fee for the inspection; and (b) fill out a form that is prescribed by the Village and that lists the name of the owner, the name and relationship of the person(s) who is to be occupying the property and the address of the property. This Exemption Form shall be in the form of an affidavit that is signed by the Owner. The Limited Family Member exemption request must be filed with the Village within ten days of the date that the rental unit is occupied by a relative that is listed in this Ordinance.
(c) The Zoning Inspector or his designee may require the applicant to furnish proof to the Village of the family relationship so that the Zoning Inspector or his designee can determine if the Limited Family Member exemption will be granted.
(d) The Zoning Inspector or his designee may deny an application for a Limited Family Member Exemption or revoke a Limited Family Member Exemption Certificate if any false statement is made by the applicant in connection with the issuance of such Certificate.
(e) If the Zoning Inspector or his designee denies the Limited Family Member exemption request or revokes a Limited Family Member Exemption Certificate, then the owner may file an appeal with the Board of Zoning Appeals within 14 days of the date that the Limited Family Member Exemption is denied or revoked.
(f) If the Zoning Inspector or his designee grants the Limited Family Member exemption request, then the Zoning Inspector or his designee shall issue a Limited Family Member Exemption Certificate that is valid for a period of five years or until the family member vacates the rental unit, whichever event occurs first in time. The Limited Family Member Exemption Certificate can be renewed if the family member is still occupying the rental unit at the end of the five year period, provided that the owner passes a re-inspection at that time and provided that the owner pays the fee for the re-inspection.
(g) The fees for the initial inspection and the re-inspection shall be one-half of the fees that are prescribed in Section 1318.03(f). There shall be no fee for the exemption application or the issuance of the Limited Family Member Exemption Certificate.
(h) If the Zoning Inspector or his designee grants the Limited Family Member exemption request, then except as set forth in Section 1318.023, the Owner does not have to comply with the other inspection and registration provisions of Chapter 1318 of the Village Ordinances, but the owner must comply with the provisions of Chapter 1317 Property Maintenance Code of the Codified Ordinances of the Village.
(i) If the Zoning Inspector or his designee denies the Limited Family Member exemption request, then the owner must comply with all of the provisions of Chapter.
(Ord. 2015-038. Passed 5-5-15.)