[Ord. No. 2025-3360, 12-9-2025]
These regulations shall be known and may be cited as the "Vacant Commercial Building Registration and Inspection Ordinance." The purpose of this Chapter is to prevent deterioration and blight by ensuring that vacant commercial buildings are properly registered, periodically inspected, and maintained in a safe and secure condition, and by imposing progressive fees to recover the City's costs of administration and inspection.
[Ord. No. 2025-3360, 12-9-2025]
As used in this Chapter the following terms shall have the meanings indicated:
AUTHORIZED INSPECTOR
The City's Building Official, Building Inspector, Code Enforcement Officer, Fire Department Personnel, and any other City employee or qualified professional designated, in writing, by the City Manager to perform inspection or enforcement duties under this Chapter. Authorized inspectors may conduct joint inspections as necessary.
COMMERCIAL BUILDING
Any building, structure, or portion thereof used, designed, or zoned for commercial, retail, office, service, industrial, or other non-residential business purposes. This includes mixed-use buildings as to their commercial portions.
OWNER
Any person or legal entity holding legal or equitable title to, or any other ownership interest in, a commercial building. The term includes successors, assigns, trustees, and authorized agents responsible for the property.
VACANT COMMERCIAL BUILDING (or VACANT COMMERCIAL SPACE)
A commercial building, or any identifiable portion thereof (such as a floor, unit, or suite), that is not occupied or used for lawful operations or occupation for ninety (90) consecutive days or more.
[Ord. No. 2025-3360, 12-9-2025]
This Chapter shall apply to any vacant commercial building or vacant commercial space located within the City. In the case of a partially vacant building (for example, a vacant ground-floor storefront with occupied upper floors), the vacant portion shall be subject to all registration, fee, and inspection requirements of this Chapter, regardless of the occupancy of other portions of the building.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Trigger And Deadline. Upon a commercial building or commercial space becoming vacant for more than ninety (90) consecutive days, the owner shall register the property with the City within thirty (30) days after the ninetieth (90th) day of vacancy. If the City determines that a property meets this definition, the City may provide written notice to the owner directing registration. New owners shall register within ninety (90) days of acquiring a vacant commercial building.
B. 
Form And Content. Registration shall be made on a form provided by the City and shall include the following information: the property address; the owner's name, mailing address, telephone number, and email address; the name and twenty-four (24) hour telephone number of a responsible local contact or agent; the parcel identification number; any applicable unit identifiers; a description of the vacant area; the date on which the vacancy commenced; and any other information reasonably required for administration of this Chapter.
C. 
Annual Renewal. Registration shall be renewed annually for as long as the property remains a vacant commercial building or vacant commercial space.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Initial Inspection. Upon initial registration, an authorized inspector shall conduct an inspection of the vacant building or vacant portion thereof to verify safety, security, and compliance with applicable Codes.
B. 
Routine Inspection Frequency. A property registered under this Chapter shall be subject to no more than one (1) routine inspection within any twelve (12) month period, regardless of any changes in occupancy status during that time.
C. 
Inspections For Cause. Nothing in this Chapter shall limit the City's authority to conduct additional inspections for cause, including, but not limited to, inspections based upon credible complaints, observed hazards, fire or police incidents, or visible Code violations.
D. 
Access — Warrant. The owner shall provide interior access to authorized inspectors upon reasonable notice. If access is refused, the City may seek an administrative search warrant as permitted by law.
E. 
Passed Inspection. Upon passing inspection, the City shall issue a Certificate of Compliance confirming that the property has met the required inspection standards and may be eligible for lawful occupancy, subject to all other required permits and approvals.
F. 
Failed Inspection. If a commercial building fails inspection, the City shall issue a written notice identifying the specific items of non-compliance. The owner shall have thirty (30) days from the date of the report to bring the building into compliance.
G. 
Emergency Orders. The City may order immediate vacancy of a building or portion thereof if conditions are found to present an imminent danger to the health, safety, or welfare of occupants or the public.
[Ord. No. 2025-3360, 12-9-2025]
A. 
While vacant, the owner shall comply with the following minimum maintenance and security requirements:
1. 
Keep the structure weather-tight and structurally sound and promptly repair any deteriorated elements.
2. 
Secure all openings, including doors and windows, against unauthorized entry. Boarding of openings shall be permitted only in accordance with City standards.
3. 
Maintain all exterior areas free of trash, debris, excessive weeds or vegetation, graffiti, and ensure that sidewalks and parking areas are properly maintained.
4. 
Maintain utilities in a safe condition or properly disconnect them and preserve any required fire protection or alarm systems in operable condition.
5. 
Control pests and vermin, remove hazardous materials, and promptly correct any cited Code violations.
6. 
Insurance Requirements. The owner shall maintain active insurance coverage throughout the duration of the vacancy, including:
a. 
Commercial general liability insurance with minimum limits of not less than two million dollars ($2,000,000.00) per occurrence, covering bodily injury, personal injury, and property damage arising out of or related to the condition, maintenance, or use of the premises.
b. 
Property insurance in an amount sufficient to protect against loss or damage to the structure.
All required insurance policies shall:
a.
Be issued by carriers authorized to do business in the State of Missouri;
b.
Name the City as an additional insured on all liability policies;
c.
Provide that such insurance is primary coverage and that any insurance maintained by the City shall be excess and non-contributory;
d.
Include a waiver of subrogation in favor of the City; and
e.
Require not less than thirty (30) days' prior written notice to the City before cancellation, non-renewal, material change, or expiration of coverage.
The owner shall furnish the City with certificates of insurance evidencing compliance with this Subsection upon registration under Section 550.040 and upon renewal or replacement of each policy.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Owner Availability. The owner of any vacant commercial building or vacant commercial space shall be available to respond to emergencies, safety concerns, or Code violations within twenty-four (24) hours of notification by the City or emergency personnel. "Respond" means establishing communication with City officials and taking appropriate action to address the situation, including arranging for a representative to inspect or secure the property as needed.
B. 
Local Representative. Any owner whose residence or principal place of business is more than fifty (50) miles from the property shall designate a local representative who resides or maintains a business within fifty (50) miles and is authorized to receive notices, provide access, and act on behalf of the owner. The owner shall provide the representative's name, address, email, and twenty-four (24) hour telephone number as part of registration under Section 550.040.
C. 
Temporary Absence. Owners who will be unavailable for more than seven (7) consecutive days shall notify the City in writing and provide the name, address, email, and twenty-four (24) hour telephone number of a temporary representative who resides or maintains a business within fifty (50) miles of the property. Failure to designate a temporary representative does not relieve the owner of the responsibilities imposed by this Section,
D. 
Enforcement. Failure to respond within the required timeframe may result in written warning, assessment of administrative fees to recover City response costs, or other enforcement actions under Section 550.080. In emergencies posing imminent danger, the City may secure or abate the property, with costs assessed to the owner as provided by law.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Posting Authority And Responsibility. Within fourteen (14) days after registration under Section 550.040, the City may post an official notice on the exterior of any vacant commercial building or vacant commercial space. The owner shall permit and facilitate posting and shall not remove, deface, obstruct, or interfere with the notice. The notice shall remain in place for the duration of the vacancy.
B. 
Content And Format. The official notice shall identify the property as a "registered vacant commercial building" under this Chapter and include:
1. 
The property address, registration number, and date of registration;
2. 
The name, mailing address, email address, and twenty-four (24) hour telephone number of the owner or designated local representative;
3. 
The City's Code enforcement contact information; and
4. 
A statement that removal or defacement of the notice constitutes a violation of this Chapter.
The notice shall be printed on weather-resistant material not less than eleven (11) by seventeen (17) inches, clearly legible from fifteen (15) feet, and maintained in good condition.
C. 
Interior Posting. For multi-tenant buildings, or where an identifiable portion of a commercial building is vacant while other portions are occupied, the owner shall post an interior notice containing the same information as the official notice at the main entrance to each vacant commercial space. The interior notice shall be clearly legible, displayed in a visible location, and maintained in good condition for the duration of the vacancy.
D. 
Enforcement. Failure to permit posting, or removal, defacement, or obstruction of an official notice, shall constitute a violation subject to the penalties set forth in Section 550.080. Each day a violation continues after written notice shall constitute a separate offense.
E. 
Removal And Cost Recovery. The City shall remove all exterior official notices within seven (7) days after being notified of lawful occupancy. The owner shall remove any required interior notices within the same period and shall notify the City, in writing, of such occupancy within fourteen (14) days. The City may recover from the owner all reasonable costs associated with the posting, maintenance, and removal of exterior official notices as provided in Section 550.080.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Purpose. Fees under this Chapter are regulatory in nature and are intended to recover the City's reasonable costs associated with program administration, inspection, and enforcement.
B. 
Schedule. The owner shall pay the following annual fee upon initial registration and upon each annual renewal while the building or space remains vacant:
1. 
Year 1: Four hundred twenty-five dollars ($425.00).
2. 
Year 2: Six hundred fifty dollars ($650.00).
3. 
Year 3: Nine hundred seventy-five dollars ($975.00).
4. 
Year 4 and each year thereafter (maximum): One thousand two hundred twenty-five dollars ($1,225.00).
C. 
Continuity Or Reset. Fees reset to Year 1 after a documented period of lawful occupancy of six (6) months.
D. 
Payment And Late Charges. Fees shall be due and payable at the time of registration and at each annual renewal. Late payments may be subject to a monthly late charge of ten percent (10%) of the amount due.
E. 
Use Of Funds. All fees collected under this Chapter shall be deposited into a dedicated account and used exclusively for inspections, code enforcement, and administrative activities related to the implementation and enforcement of this Chapter.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Failure to register a vacant commercial property, pay required fees, allow inspection, or correct identified violations shall constitute an unlawful act and shall be subject to citation and prosecution under the City's general penalty provisions as set forth in the Code of Ordinances of the City of Aurora, Section 100.220.
B. 
Each day that a violation continues after written notice has been provided to the owner shall constitute a separate and distinct offense.
C. 
Unpaid fees, penalties, or charges may be assessed under this Chapter shall be certified by the City Clerk and levied as a special tax bill or lien against the property, as permitted by Sections 67.400 through 67.450, RSMo., and may be collected in the same manner as nuisance abatement costs or special assessments.
D. 
The City may pursue injunctive relief or any other remedies available at law or in equity to ensure compliance with this Chapter.
[Ord. No. 2025-3360, 12-9-2025]
A. 
Conflicts. In the event of any conflict between the provisions of this Chapter and any other ordinance or regulation of the City, the provision determined to be the most protective of public health, safety, and welfare shall control.
B. 
Effective Date. This Chapter shall take effect upon its passage and approval. Owners of properties that are already vacant on the effective date of this Chapter shall have ninety (90) days thereafter to complete registration before any penalties or enforcement actions accrue.