103A.5 Vacant or Abandoned Commercial Storefronts – Annual Registration; Registration…

103A.5 Vacant or Abandoned Commercial Storefronts – Annual Registration; Registration Fees; Maintenance and Security Requirements.

103A.5.1 Definitions. For the purposes of Section 103A.5, including Sections 103A.5.1-103A.5.7:

COMMERCIAL STOREFRONT. A Commercial Storefront shall be any area within a building that may be individually leased or rented for any purpose other than Residential Use as defined in Planning Code Sections 790.88 and 890.88.

VACANT OR ABANDONED. A Commercial Storefront shall be Vacant or Abandoned if it (1) is unoccupied and unsecured; or (2) is unoccupied and secured by boarding or other similar means; or (3) is unoccupied and unsafe as defined in Section 102A of this Code; or (4) is unoccupied and has multiple code violations; or (5) has been unoccupied for over 30 days. Notwithstanding the foregoing sentence, a Commercial Storefront shall not be considered Vacant or Abandoned if

(1) There is a valid building permit for repair, rehabilitation, or construction of the Commercial Storefront and the owner completes the repair, rehabilitation, or construction within one year from the date the initial permit was issued, unless the Department, in its sole discretion, determines that the owner needs additional time to complete the repair, rehabilitation, or construction of the Commercial Storefront; or

(2) The owner or leaseholder has filed an application for, and is actively seeking to obtain, authorization, permits, or a license required by state or local law permitting the lawful use and occupancy of the Commercial Storefront; or

(3) The owner or leaseholder submits evidence to the Department that vacancy is due to public infrastructure construction or maintenance activity lasting longer than 30 days impacting the Commercial Storefront’s access to the nearest public right-of-way or essential utilities. Where the Commercial Storefront is vacant due to infrastructure construction or maintenance activity lasting longer than 30 days, the Commercial Storefront shall not be subject to the requirements in subsections 105A.5.2 through 105A.5.6 for 180 calendar days from the date of the submittal of evidence. The initial exemption period may be extended by the Department if additional evidence is submitted by the owner or leaseholder demonstrating infrastructure construction or maintenance activity continues to impact the Commercial Storefront. The owner or leaseholder shall alert the Department within 30 days of the conclusion of infrastructure construction or maintenance activity.

(Amended by Ord. 213-24, File No. 240499, App. 8/8/2024, Eff. 9/8/2024)

103A.5.2 Property owner’s obligation to register a vacant or abandoned commercial storefront; registration fee. The owner of a Vacant or Abandoned Commercial Storefront shall, within 30 days after it has become vacant or abandoned, register the Commercial Storefront with the Department on a form provided by the Department. The form shall describe the methods by which the owner has secured the Commercial Storefront against unauthorized entry, provide a contact phone number for the Commercial Storefront owner or party responsible for maintenance of the Commercial Storefront, state the most recent legal use of the Commercial Storefront, state the square footage of the Commercial Storefront, declare any future plans for the Commercial Storefront, state whether there is fire and liability insurance coverage, and provide such other information as the Department may require. The owner shall pay an annual registration fee, which shall be due when the owner submits the registration form to the Department (“registration payment deadline”). The registration payment deadline will serve as the date for subsequent annual renewals of registration each year the Commercial Storefront remains Vacant or Abandoned (“annual renewal date”). The annual registration fee shall be paid on or before the annual renewal date. However, if the owner rents the Commercial Storefront to a tenant who occupies the premises in a manner that complies with all provisions of state and local law prior to the registration payment deadline, the Commercial Storefront shall be removed from the Department’s registry and the owner shall be refunded up to half of the registration fee based on any remaining days before the Commercial Storefront’s annual renewal date. The registration fee shall be equal to the amount due under Section 103A.4.2 of this Code. See Section 110A, Table 1A-J for applicable fees.

103A.5.3 Annual Report. The owner of a registered Vacant or Abandoned Commercial Storefront shall provide a report from a licensed professional confirming the storefront’s interior and exterior has been maintained, as specified in Sections 103A.4.5.1 and 103A.4.5.2 of this Code (“annual report”). The annual report shall be provided to the Department when the owner renews the storefront’s registration and pays the annual renewal fee.

103A.5.4 Maintenance of vacant or abandoned commercial storefront registry. The Department shall maintain a registry of all Vacant or Abandoned Commercial Storefronts within the City and shall furnish a copy of the registry to the Office of Economic and Workforce Development at least once per fiscal quarter.

103A.5.5 Notice. Whenever the Director has probable cause to believe, based upon an inspection, complaint, or report from another agency of the City or other governmental agency, that a Commercial Storefront is Vacant or Abandoned and has not been registered as required by Section 103A.5.2, the Director shall serve the owner of record, as shown on the Assessor’s Records, or authorized agent with a written notice requiring the owner to register the Commercial Storefront with the Department as Vacant or Abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than 30 days. The Department shall issue a Notice of Violation (“NOV”) pursuant to Section 102A.4 of this Code to owners that fail to register within the period of time specified in the notice. See Section 110A, Table 1A-K, Failure to register vacant commercial storefront, for the applicable penalty.

103A.5.6 Sign posting, maintenance, security, and insurance. All requirements listed in Sections 103A.4.4-103A.4.6 of this Code shall also apply to Vacant or Abandoned Commercial Storefronts. All such requirements shall be fulfilled by the owner within 30 days of the Commercial Storefront

becoming Vacant or Abandoned, or within 30 days of the issuance of notice to register.

103A.5.7 Violation a public nuisance; enforcement. A Commercial Storefront in violation of this Section 103A.5, including Sections 103A.5.1103A.5.7, is deemed to be a public nuisance and subject to enforcement by the Department and penalties under Sections 102A and 103A and Section 110A, Table 1A-K of this Code or other applicable sections of the Municipal Code.