Implementation of Miami Dade Ordinance 08-133 regarding  Miami Dade Certificate of Use (CU Inspection) for Foreclosures

Requirement for The Sale of Foreclosures, Disclosure of findings report (Miami Dade Planning and Zoning Department) for new Certificate of Use (CU). Miami Dade Ordinance 08-133, County Commissioners

FACT SHEET ....Frequently asked questions

Q. When was the new Miami Dade ORDINANCE 08-133 approved?

A. On December 2, 2008 the Board of Miami Dade County Commissioners adopted Ordinance 08-133, which requires issuance of a Certificate of Use (CU) by the Department of Planning and Zoning (DP&Z) for residential properties (in unincorporated Miami Dade County) which are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes. This new Ordinance requires the establishment of a new Certificate of Use (CU) process for such properties. This process will require a Certificate of Use Inspection and will require that affected individuals/institutions obtain a Certificate of Use (CU), prior to the offering of such property either through a sale, transfer or alienation of such property.

Q. What is the purpose of the Certificate of Use Inspection (CU Inspection) requirement for the sale of Foreclosures?

A. The new Certificate of Use Inspection (CU Inspection) requirement is a consumer-protection legislation. The process of the new Certificate of Use (CU Inspection) is to document and disclose to the public/buyer, the extent to which residential properties (i.e. single family, condominium, townhouse, or duplex) acquired in this way comply with all applicable building codes and zoning codes.

Q. Who is responsible for obtaining the Certificate of Use (CU) for the sale of Foreclosures?

A. The holder of a property acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosure and Judgments) -- i.e. lending institutions and mortgagees.

Q. Who would be responsible for making a buyer aware of the recorded Disclosure of findings report if the seller neglects to make them aware of it?

A. The Disclosure of Findings Report is available to the potential buyer and the Certificate of Title holder or their agent, through the Clerk of the Courts. The Disclosure of Findings Report should be provided at the time of closing by the mortgage companies, title companies and any other responsible entities.

Q. What properties are affected?

A. Only residential properties acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments) that are located in unincorporated Miami Dade County –properties with folio numbers beginning with 30

Q. Are short sales or Deed in Lieu of Foreclosure affected?

A. No, only properties acquired through a Certificate of Title in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments).

Q. Are Foreclosures acquired through a Certificate of Title in Accordance with Chapter Florida Statutes (Foreclosures and Judgments) prior to December 12, 2008 required to obtain a Certificate of Use after the Certificate of Use Inspection (CU Inspection)?

A. No, only properties acquired through a Certificate of Title on or thereafter December 12, 2008, in accordance with Chapter 45, Florida Statutes (Foreclosures and Judgments) need a Certificate of Use Inspection (CU Inspection)

Q. What does the new Certificate of Use Inspection (CU Inspection) process for the sale of Foreclosures require?

A. The new Miami Dade Certificate of Use Inspection (CU Inspection) process includes preparation of a Disclosure of findings report, which identifies Building-Zoning code violations for each property and contains a good faith estimate of the cost to remedy any deficiencies. This report must be completed by an architect or Registered Professional Engineer licensed in the State of Florida and submitted to the Zoning Permits Section of Department of Planning and Zoning at the Miami Dade Permitting and Inspection Center located at 11805 S.W. 26th Street (Coral Way), Miami, FL 33175.

Q. How can the new Certificate of Use Inspection (CU Inspection) process for the sale of Foreclosures protect people?

A. By making prospect property owners aware of Building-Zoning deficiencies.

Q. What is the effective date of enforcement for the new Certificate of Use Inspection (CU Inspection) for the sale of Foreclosures?

A. April 1, 2009.

**Although, Miami Dade Ordinance 08-133 became effective December 12, 2008. The Department of Planning and Zoning has made a determination that enforcement commenced on April 1, 2009 for Foreclosures acquired through a Certificate  of Title on December 12, 2008 or thereafter and that were not under contract prior to April 1, 2009.

Q. Are there submittal forms?

A. The submittal form to be used by the applicant in the preparation of the Disclosure of Findings Report is available at both of the Department of Planning and Zoning locations, as well as on the Department’s web page www.miamidade.gov/planzone.

Q. Where can I review those applications? 

A. Copies of the applications (Disclosure of Findings Report) can be obtained at the Department’s West-Dade Permitting and Inspection Office and, once it is recorded, it will available at the Clerk of the Court’s website.

Q. What is the process for the new Certificate of Use Inspection (CU Inspection) for the sale of foreclosed properties?

A. The process is as follows:

Submittal of the Disclosure of Findings Report to the Department at the Miami Dade Permitting and Inspection Center on Coral Way, along with initial filing fee of $ 250.00 plus 8% surcharge (Total filing fee is $300.00 plus 8% surcharge).

Staff reviews Report and determines acceptance or denial of Report In addition, staff also identifies potential violations and refers violations to the appropriate agencies. (Acceptance or denial of the Report is independent of the resolutions of any violations).

Upon acceptance of Report, applicant records the Report with the Clerk of the Court (which has four recording locations, including the West Dade Satellite Recording Office conveniently located at the Miami-Dade Permitting and Inspection Center) and submits report to the county along with the remaining filing amount of $50.00 plus 8% surcharge

Department of Planning and Zoninf staff issues the Certificate of Use for the sale of Foreclosures and deems the Certificate of title holder to be in compliance.

Q. How can the new Certificate of Use Inspection (CU Inspection) process for the sale of Foreclosures protect people?

A. By making prospect property owners aware of building or zoning deficiencies.

Q. How long will the process – from filing the application to obtaining a CERTIFICATE OF USE(CU) take?

A. The Certificate of Use (CU) issuance process is expected to take between 1 to 4 days after the filing of a complete Disclosure of findings report

Q. What is the cost of the Certificate of Use Inspection (CU Inspection) for the sale of foreclosed properties and what makes up that fee amount?

A. A $300 fee plus 8% surcharge, per property is required for the DP&Z’s review of the Disclosure of Findings Report and the issuance of a final Certificate of Use (CU), with $250 of which to be paid “up front” at the time of report submittal and the remaining $50 due at the time of Certificate of Use issuance. An additional $50 fee plus 8% surcharge is also included for cases where a Disclosure of Findings Report is rejected by Department staff and must be re-submitted.

***All Fees are subject to an 8% surcharge

Q. What about violations?

A. After the Disclosure of Findings Report has been reviewed by staff, violations noted by the design professional will be referred to the appropriate department, Building or Office of Neighborhood Compliance (ONC). DP&Z staff will notate on the Disclosure Report that a referral(s) has been made prior to the document being recorded. DP&Z staff will enter the referral(s) in the Oracle system. This will allow the DP& Z to keep track of the referrals made to Building and ONC. The secretary of the Zoning Permit/Inspection Section will then email the referrals to the designated contact person for Building and ONC. Please note that the report’s acceptance is independent from the outcome of these violations.

Q. What will happen with the code violations after the Report is completed and the County becomes aware of the violations? Will the County’s code enforcement officials start issuing fines to the owner of the property?

A. The Miami Dade Ordinance 08-133 requires that violations be referred to the applicable County agencies. If code enforcement action is initiated and the property continues to be in violation of the code, fines may be levied only after the warning/citation and hearing/appeals processes have been completed.

Q. What are penalties for non-compliance with the new Certficate of Use Inspection (CU Inspection) for the sale of foreclosed properties?

A. Failure to obtain the required Certificate of Use (CU) will result in penalties as provided in Chapter 8CC of the Miami Dade County code.

Q. Who is responsible for fixing the Code Violations?

A. From a legal perspective the owner of the property during any time that the violation exists is responsible to the County to remedy the code violations. As such, the buyer and seller will ultimately be legally responsible for repairs unless the repairs are made before the closing. However the seller and the buyer can decide between themselves as part of the sales contract who will be responsible for the repairs.

Q. If the code violations are corrected after the Disclosure of Findings Report is recorded, how will it be possible to reflect corrections on the recorded?

A. The responsible party may choose to have an architect or Registered Licensed Professional Engineer prepare a Disclosure of Findings Report that certifies the completion of repairs and subsequently submit that Report for recordation. They may also choose to record a statement from a contractor that all identified repairs have been made.

Q. How can the public obtain additional information on the new Certificate of Use Inspection (CU Inspection) for the sale of Foreclosures?

A. All the pertinent information is posted on the DP&Z’s website. The website’s address is www.miamidade.gov/planzone. If additional information is needed, you may contact Ralph Gisbert, Supervisor of the Zoning Permits and Inspection Section at (786) 315-2660.

The information about Miami Dade Ordinance 08-133, Disclosure of Findings Report and Certificate of Use is being disseminated through the County’s web-portal, The County’s Scoop publication (which is mailed to over 300,000 county residents), Miami Dade TV, DP&Z’s informational sessions and direct mailings.

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