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If as a part of any agreement to provide caretaking services, the caregiver was required to provide financial <br />compensation or incur a financial obligation in order to reside within the hardship dwelling then that arrangement <br />will not violate this subsection (E)(5); provided, that the arrangement existed prior to the temporary absence or <br />medically necessary absence. <br /> <br />F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit dwelling <br />is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no longer necessary <br />to provide care to the aged or infirm person(s). <br />1. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation <br />pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050. <br />2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days prior to the <br />effective date of a revocation of the hardship permit made pursuant to subsection (F)(1) of this section. <br /> <br />G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the nature of <br />the property and existing development: <br />1. Be located as near as possible to other residences on the property; <br />2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for farm <br />or forest use, if it is not feasible to locate it near an existing residence; <br />3. Not require new driveway access to the street; <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the <br />county sanitarian. <br /> <br />H. For an existing building to be used as a hardship dwelling it must: <br />1. Be suitable for human habitation; <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and <br />sanitation) applicable to dwellings; <br />3. Not require new driveway access to the street; and <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the <br />county sanitarian. <br /> <br />I. One of the residences shall be removed from the property within 90 days of the date the person(s) with the hardship or <br />the care provider no longer reside on the property. <br />1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from services. <br />a. An agreement to comply with this requirement shall be signed by the applicant, and the owner of the <br />recreational vehicle if different than the applicant. <br />b. Oregon Department of Environmental Quality removal requirements also apply. <br />2. In the case of an existing building, the renovations or modifications made to an existing building to be used for <br />inhabitation must be removed. <br />a. The existing building shall be returned to similar conditions as its previous use; or <br />b. If the existing building is not going to be returned to its previous use then the building must be used for <br />either a permitted use or a new use application for the existing building must be obtained. <br />3. In the case where an agricultural exemption is sought for an existing building, a new application must be <br />approved regardless of any previously approved agricultural exemption. <br /> <br />J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship dwelling are <br />removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care provider no <br />longer resides in the hardship dwelling or on the property. <br />1. Applications for a hardship dwelling must include a description of how the applicant will ensure this condition is <br />met. <br /> <br />K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary absence or <br />medically necessary absence from the property for at least 30 consecutive days prior to submission of the renewal <br />application, the application must include: <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it is <br />reasonably likely that the aged or infirm person will return to the property within the renewal period; or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth the date <br />on which the aged or infirm person will return to the property. <br />If the aged or infirmed person does not return to the property within the time period described in subsection (A)(5) <br />of this section, then the aged or infirm person’s absence will be deemed an extended absence.