§ G. Limited number of unrelated persons in certain residential districts.

(1)

All dwelling units within the single-family residential districts, including but not limited to R-2, R-2 with sewer, OSRD, PRD, low density quality residential district, low density quality residential overlay district and R-55, shall be restricted to occupancy by a family and up to no more than two other persons who are not related to any of the family members by blood, legal adoption or marriage within the third degree of consanguinity or within the second degree of affinity, except as specifically required by federal or state law.

(a)

There shall be allowed a single exception, whereby a non-family member and/or his family may reside in a single-family residence for a period of not more than three months (90 days), with other persons who are not family, provided that such occupancy is due to either a medical hardship or when the persons residing as guests are in the process of building another single-family residence for their home and are staying by necessity of same.

(b)

The non-family members may not reside in the home for more than the 90-day period provided for in this subsection, and this exception may not be claimed at a single property location or address more than one time in any 12-month period.

(c)

In the event persons cited under this subsection raise this exception, the burden of proof is on the property owner/occupant to prove the exception, and rebut the citation. In doing so, the property owner and occupants of the home must show competent evidence of the short term occupancy due to medical hardship or the building of another single-family residence, with such evidence including, but not limited to documentation from a physician (in the case of medical hardship) and an executed contract for the purchase of a residence. The cited location shall be subject to re-inspection upon the end of the claimed 90-day period.

(2)

For the purpose of this ordinance herein, "family" shall be defined as set forth in the definitions section of the Paulding County Zoning Ordinance.

(3)

Prima facie proof of occupancy of a dwelling unit by more than two unrelated persons is established in any prosecution for violation of this section if it is shown that the same four or more vehicles with registration to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 30-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of "occupancy" of a dwelling unit by a person in any other manner, including but not limited to driver's licenses and personal admissions.

(4)

The property owner and any agent of the property owner and/or the tenant of the property owner shall be legally responsible for directly or indirectly allowing, permitting, causing or failing to prohibit the occupancy of a dwelling unit by more than three unrelated persons.

(5)

Enforcement of the definition of the term "family" and this ordinance and subsection shall commence with a written notice of violation provided to the owner of the premises or their agent or tenant, whichever may apply, and shall be delivered personally or by first class mail to the owner's address as listed in the tax assessor's records at least seven days prior to citation being issued.

(6)

A violation of this ordinance and subsection shall be subject to the following penalties:

(a)

First offense: a minimum fine of $300.00, none of which may be subject to payment suspension, and 60 days in jail and 100 hours of community service or some combination thereof;

(b)

Second offense: a minimum fine of $400.00, none of which may be subject to payment suspension, and 60 days in jail and 100 hours of community service or some combination thereof;

(c)

Third offense: a minimum fine of $500.00, none of which may be subject to payment suspension, and with a mandatory court appearance and 60 days in jail and 100 hours community service or some combination thereof.

(d)

The maximum penalties shall be set at $1,000.00, 60 days in jail and 100 hours of community service or some combination thereof, per violation of this ordinance.

(Res. No. 18-29, § 2(Exh. A), 6-26-2018)