Historic disclosure ordinance

Ordinance O03-138

An Ordinance requiring the disclosure of historic designation by sellers of real property in the City of Aurora. At closing please remember to sing the Historic Disclosure Form and send a copy to the Preservation Commission. 

Article VI. Disclosure of Historic Designation

Section 37-101. Definitions

"Seller" means every person or entity who is an owner, beneficiary of a trust, contract purchaser or lessee of a ground lease, or who has an interest (legal or equitable) in historic district or landmark property.

"Prospective buyer" means any person or entity negotiating or offering to become an owner or lessee of historic district or landmark property by means of a transfer for value to which this Act applies.

"Historic District" An area designated as an "historic district" by ordinance of the city council and which may contain, within definable geographic boundaries, one or more landmarks and which may have within its boundaries other proportions or structures that, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall historic or architectural characteristics of the historic district.

"Historic Landmark" A property, structure or natural object designated as a "landmark" by ordinance of the city council, pursuant to procedures prescribed in this title, that is worthy of rehabilitation, restoration and preservation because of its historic or architectural significance to the city.

Section 37-102. Disclosure Required

Whenever real property designated as part of an historic district or an historic landmark pursuant to Section 37 of the Aurora Code, is to be sold within the city of Aurora, the seller thereof shall tender to all prospective purchasers a copy of the pre-printed information available from the City that describes certain exterior alterations and construction standards. Said seller shall obtain the signatures of all parties to a sale of such real property showing that the pre-printed information has been given and received, indicating thereon the street address and parcel number of the real property being sold. The disclosure is not required for buildings constructed after 1978.

Section 37-103. Timing of Disclosure

The disclosure required in Section 37-102 above shall be completed no later than at the time the Real Estate Sale Contract is executed between the seller and purchaser thereof.

Section Two: That this ordinance shall be in full force and effect, and shall be controlling upon date of passage.

Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.

Section Four: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.