New County Law Requires Re-Issuance of Certificates of Use for Foreclosed Homes
The intent of the new CU requirement is to ensure that the residence complies with all applicable building and zoning codes, and to require disclosure in the public records of any violations of the codes (and the estimated cost of correcting them). In order to obtain the required CU, the owner will need to allow authorized personnel to enter the property and directly inspect the home to determine if the property violates the building or zoning code. An inspection report must be recorded in the Public Records of Miami-Dade County, and the report must include a good faith estimate of the cost to repair or remedy all code violations disclosed by the inspection. Currently, architects and engineers are authorized to conduct the inspections and prepare the good faith estimate.
The CU will be issued only after the inspection report and estimate are recorded in the Public Records. The director of the DP&Z will refer any County Code violations disclosed in the report to the appropriate County Department for enforcement action. The County departments are authorized to collect fees for inspections and other administrative costs, and for the issuance of the CU in accordance with the departmental approved fee schedules.
This new ordinance can potentially have a significant impact on transactions involving foreclosed properties. At a minimum, parties dealing with such properties should take into account the expense and time of having the required inspections performed and in completing the CU process. The new certificate of use must be obtained before the property can be sold or otherwise conveyed again.