CU25-032 Staff Decision - Laserfiche WebLink

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8. “Hardship permit dwelling” means a temporary mobile home, recreational vehicle, or existing building used for the care of an aged or infirmed person who is or will be domiciled on the property; 9. “Medically necessary absence” means an extended absence that is necessary for the aged or infirm person to receive medical care or treatment; 10. “Owner” has the same meaning as defined in MCC 17.110.425; and 11. “Temporary absence” means a period of up to 165 days per calendar year or 165 consecutive days, in which the aged or infirm person(s) has not lived on the property. B. An application for a hardship permit must be submitted in writing. 1. An application must: a. Include the name of the aged or infirm person(s) for whom the hardship permit is sought; b. Include a signed statement from a licensed medical professional indicating whether the aged or infirm person has a hardship as defined in subsection (A) of this section. The statement shall also attest whether the licensed medical professional is convinced the person(s) with the hardship must be provided the care so frequently or in such a manner that the caregiver(s) must reside on the same premises; c. Identify whether the aged or infirm person(s) and/or caregiver(s) will be residing in the hardship permit dwelling. 2. Only the owner(s) of a property may submit an application for a hardship permit. 3. If additional information is required to clarify any portion of an application, the owner(s) will be notified in writing of the deficiencies within the application. C. In the EFU, SA, FT and TC zones, occupancy of a hardship permit dwelling is limited to the term of the hardship suffered by the existing resident or a relative as defined in ORS 215.283(2)(L). D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the aged or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to provide care. 1. Those providing the care must show that they will be available and have the skills to provide the care required, as described by the licensed medical professional. 2. Caregivers may reside within a hardship permit dwelling during periods of absence and medically necessary absence. 3. Caregivers shall not have any financial or expense obligation increased for residing in the hardship dwelling during periods of absence and medically necessary absence. E. A temporary absence or medically necessary absence from the property by the aged or infirm person(s) will not result in the revocation or denial of a hardship permit. 1. When a medically necessary absence results in the aged or infirm person(s) living off of the property for more than 165 days in one calendar year or 165 consecutive days they must provide notice of the medically necessary absence to prevent the absence from being considered an extended absence. 2. Notice of a medically necessary absence that will result in the aged or infirm person(s) living off of the property for more than 165 days in one calendar year or 165 consecutive days must be provided within 14 days of learning that the absence from the property will result in the aged or infirm person having to live away from the property for more than 165 days in one calendar year or 165 consecutive days. 3. Notice of a medically necessary absence must: a. Be submitted in writing; b. Include a statement from a licensed medical provider outlining that the absence from the property is necessary for the care or medical treatment of the aged or infirm person; c. Provide an estimate as to when the aged or infirm person(s) will return to the property; d. Include an assessment from the licensed medical professional on whether or not the aged or infirm person(s) will be able to reside on the property again. i. If a licensed medical professional cannot provide an assessment on whether the aged or infirm person will be able to return to the property at the time when notice of a medical necessary absence is due, a hardship permit may be approved for the amount of time necessary, not to exceed one year, for the licensed medical professional to make the assessment as to whether the aged or infirm person(s) will be able to return to the property. ii. If a licensed medical professional cannot provide an assessment after the period of time described in subsection (E)(3)(d)(i) of this section, then a determination will be made as to whether the hardship permit is still necessary for the care of the aged or infirm person(s). 4. Notice of a medically necessary absence may be submitted by the owner(s), aged or infirm person(s), caregiver(s) of the aged or infirm person(s), or other agent of the aged or infirm person(s).