§ 10-116. Affidavit of nonrental.

(a)

An owner of record may claim a nonhomestead property as nonrental if either:

(1)

The owner occupies it for some part of the calendar year and no part of it is occupied by anyone else; or

(2)

The property is vacant and the owner does not intend it to be occupied by anyone.

(b)

If either conditions described in subsection (a) of this section exists, an affidavit of nonrental and a copy of the title to the property shall be filed with the building department by the owner of record to claim the property exempt from the rental inspection program.

(c)

The affidavit of nonrental shall be valid for the shorter of either three years or such time as the occupancy of the dwelling changes. Successive affidavits may be filed as long as the conditions required for the exemption continue to exist.

(d)

An individual shall have only one nonhomestead nonrental exemption in place at any given time for an occupied dwelling and an exemption shall not be granted if the owner also has a homestead election for another property on file with the city. There is no limit to the number of exemptions for nonoccupied properties.

(e)

The owner shall immediately file, with the building department, a rescission of an affidavit if the conditions required for the granting of the exemption no longer exist.

(f)

The submission of false information on or the fraudulent filing of an affidavit of nonrental or the failure to rescind an affidavit shall be a misdemeanor.

(Ord. No. 2002-3, § 1(6-300B), 2-25-2003)