Legislative Matter

Miami-Dade Legislative Item
File Number: 090282

Printable PDF Format

Clerk's Official Copy

File Number: 090282

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-186-09

Control: Board of County Commissioners

File Name: CERTIFICATE OF USE (FORECLOSURES AND JUDGMENTS)

Introduced: 2/4/2009

Requester: Department of Planning & Zoning

Cost:

Final Action: 3/3/2009

Agenda Date: 3/3/2009

Agenda Item Number: 8N1B

Notes:

JAM

Title:

RESOLUTION ADOPTING IMPLEMENTING ORDER 2-10: CERTIFICATE OF USE (FORECLOSURES AND JUDGMENTS), RELATING TO THE CERTIFICATE OF USE PROCESS OF THE DEPARTMENT OF PLANNING AND ZONING

Indexes:

CERTIFICATE

Sponsors:

NONE

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/3/2009	8N1B	Adopted				P
REPORT:	Hearing no discussion, the Board proceeded to vote on the foregoing resolution.

Budget, Planning and Sustainability Committee	2/10/2009	3U	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairwoman Sorenson questioned who would monitor and enforce Implementing Order 2-10. Mr. Marc LaFerrier, Director, Department of Planning & Zoning, noted the County could search the Clerk of Circuit and County Courts’ database to determine what properties foreclosed and then notify the banks that owned those properties of the new Certificate of Use (CU) requirements. He explained the County could then monitor whether the mortgagees were seeking the CU. Ms. Truly Burton, Builders Association of South Florida, expressed appreciation for County staff’s help to answer the questions from the Builders Association of South Florida. She noted staff clarified that the CU would apply only to foreclosed properties owned by lenders and investors. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney	2/4/2009		Assigned	Thomas H. Robertson		2/3/2009

County Manager	2/4/2009		Referred	Budget, Planning and Sustainability Committee	2/10/2009

County Manager	2/4/2009		Assigned	County Attorney	3/3/2009
REPORT:	PLANNING & ZONING (BPS COMTE 2/10/09)

County Manager	2/4/2009		Assigned	Alex Munoz	2/4/2009

Legislative Text

TITLE
RESOLUTION ADOPTING IMPLEMENTING ORDER 2-10: CERTIFICATE OF USE (FORECLOSURES AND JUDGMENTS), RELATING TO THE CERTIFICATE OF USE PROCESS OF THE DEPARTMENT OF PLANNING AND ZONING

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby adopts Implementing Order 2-10: Certificate of Use (Foreclosures and Judgments), in the form attached hereto and incorporated herein, and authorizes the County Mayor or Mayor�s designee to exercise any and all rights conferred therein.

HEADER
Date:

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution adopting Implementing Order No. 2-10: Certificate of Use (Foreclosures and
Judgments)

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution adopting Implementing Order No. 2-10: Certificate of Use Procedure (Foreclosures and Judgments).

Scope

The scope of this item applies to the unincorporated areas of Miami-Dade County.

Fiscal Impact/Funding Source

None

Track Record/Monitor

Not applicable

MANAGER'S BACKGROUND
Background

On December 2, 2008 the Board adopted Ordinance No. 08-133, which requires issuance of a Certificate of Use (CU) by the Department of Planning and Zoning (Department) when residential properties in unincorporated Miami-Dade County are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes. The purpose of the CU process is to document and disclose to the public 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. The CU process includes preparation of a disclosure of findings report, which identifies building or zoning code violations for each property and contains a good faith estimate of the cost to remedy any deficiencies. Building code violations will be referred to the Building Department for enforcement and zoning code violations will be referred to the Office of Neighborhood Compliance for enforcement.

The attached Implementing Order, Certificate of Use (Foreclosures and Judgments), establishes the process that will be used by the Department to implement the provisions contained in the above mentioned Ordinance.

_____________________
Assistant County Manager