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days of learning that the absence from the property will result in the aged or infirm person having to live <br />away from the property for more than 165 days in one calendar year or 165 consecutive days. <br />3. Notice of a medically necessary absence must: <br />a. Be submitted in writing; <br />b. Include a statement from a licensed medical provider outlining that the absence from the property is <br />necessary for the care or medical treatment of the aged or infirm person; <br />c. Provide an estimate as to when the aged or infirm person(s) will return to the property; <br />d. Include an assessment from the licensed medical professional on whether or not the aged or infirm <br />person(s) will be able to reside on the property again. <br />i. If a licensed medical professional cannot provide an assessment on whether the aged or infirm <br />person will be able to return to the property at the time when notice of a medical necessary absence <br />is due, a hardship permit may be approved for the amount of time necessary, not to exceed one <br />year, for the licensed medical professional to make the assessment as to whether the aged or infirm <br />person(s) will be able to return to the property. <br />ii. If a licensed medical professional cannot provide an assessment after the period of time <br />described in subsection (E)(3)(d)(i) of this section, then a determination will be made as to whether <br />the hardship permit is still necessary for the care of the aged or infirm person(s). <br />4. Notice of a medically necessary absence may be submitted by the owner(s), aged or infirm person(s), <br />caregiver(s) of the aged or infirm person(s), or other agent of the aged or infirm person(s). <br />5. Caregivers may not be charged any rent or otherwise required to provide financial compensation to live <br />in the hardship dwelling during a temporary absence or medically necessary absence. <br />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 <br />arrangement will not violate this subsection (E)(5); provided, that the arrangement existed prior to the <br />temporary absence or 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 <br />dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no <br />longer necessary 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 <br />the 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 <br />nature of 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 <br />farm 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 <br />by the 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 <br />by the 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 <br />hardship or 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.