Evidence used to determine illegal use

Prima facie evidence or evidence gathered by inspecting the interior/exterior of a house is considered. Prima facie evidence consists of the following:

• More than one cooking area in the primary structure.
• All living areas are not interconnected.
• An unpermitted exterior door.
• An unauthorized detached building with air conditioning, interior cooking areas, utility meters and/or liquid propane gas tank.
• Multiple marked paved parking spaces.
• More than one house address or unit numbers posted on the premises.
• Two or more electrical, water, gas or other types of utility meters.
• Two or more mailboxes.

Enforcement

Illegal multi-family use affects property values and puts a strain on County services.

Failure to comply will result in a ticket in accordance with Chapter 8CC of the Miami-Dade County Code of Ordinances.

Penalties accrue and a lien may be placed on the property if the fines, enforcement costs and administrative costs are not paid or the violation not corrected.

Additional time for compliance may be granted on Courtesy Warning Notices. Call the Neighborhood Regulations office at 786-315-2552 to request an extension.

Ticket amounts:

• $510: first offense
• $1,010: subsequent offenses

Upon verification of Multi-family use the Property Appraiser may reexamine and retroactively assess property taxes up to three years as per Section 29-5.1.

Avoid being cited

Property owners should always inquire on permit requirements prior to initiating any residence construction or repairs.

Prior to purchasing a home, check for building permits and code enforcement information. Complete and submit a Research Request Form.

The enforcement research service will be limited to:

• Unsafe structure violations
• Work without permits violations
• Expired permits violations
• Neighborhood compliance violations
• Liens recorded for the above violations
• Contractor license liens

How to refute a citation

Schedule an inspection for the interior of the house with the Neighborhood Compliance Officer that issued the ticket.

You may also submit a current, signed and sealed inspection report prepared by a Florida Licensed and Registered Architect or engineer, confirming that all rooms are interconnected as a single-family residence and that the main structure has not been modified, and also showing that any accessory structures are being used as approved and not as living units.

These documents must be accompanied by a notarized affidavit from the property owner attesting that the residence is being maintained for single-family occupancy. Additionally, the issuance of the ticket may be appealed to the Clerk of Courts.

Resources

• Section 33-20.1.1 of the Miami-Dade County Code of Ordinances