Converted Garage

[J Grant]

Thanks for the Coffee Howard.

(2)
Prior to issuance of a building permit, it shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building, structure, or any part thereof; or to place any equipment, device or facility therein or thereon; or to change the occupancy of a building from one use group to another requiring greater strength, means of egress or fire and sanitary provision; or to change to an unauthorized or prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by this Code.
(c)Liabilities of the property owner.
(1) The person or entity to be charged by the city in any enforcement of this chapter shall be the registered owner of the property upon which the unlawful activity is occurring. The property owner is held to either an actual or constructive notice of building activities on his property.
(2) The property owner shall be liable to the city for a reasonable attorney's fee together with all costs wherever the city is the prevailing party in any action to enforce provisions of this chapter or the applicable building codes.

ec. 5-8. - Effect of failure to obtain permit.
Any individual or corporation who commences construction within the municipal limits of the City of Coral Springs without obtaining a permit as required by this chapter shall be punished as otherwise provided by law and in addition thereto shall be required to obtain the applicable permit at two (2) times the regular fee.

(Ord. of 9-5-72, § 6; Ord. No. 74-131, § 1, 5-21-74)


https://www.municode.com/library/fl...d=PTIICO_CH5BURE_S5-0CHBUOFISPECOINENPRFLBUCO

Unlawful to get a permit for a section of the dwelling still does not change the overall HBU to an "illegal" use. If res use is HBU and one portion of dwelling did not get a permit, it does nto change the fact that it is still residential use.

If an appraiser determines that in a municipality or market area unlawful non permitted area of a dwelling is adversely are reacted to in market, perhaps because zoning enforcement is strict in that area, then analyze as such but still does not change HBU of the property or make overall HBU "illegal"

 

[Mike Kennedy]

The Dictionary of Real Estate Appraisal, fourth edition, includes the following highest and best use definitions:


"• Highest and best use. The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.

The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability.

Testing Highest and Best Use
To test alternative uses for the highest and best use, an appraiser usually applies the four criteria in the following order:
1. Legal Permissibility
2. Physical Possibility
3. Financial Feasibility
4. Maximum Productivity
In practice, the tests of physical possibility and legal permissibility can be applied in either order but they both MUST be applied before the tests of financial feasibility and maximum productivity. A use may be financially feasible, but this is irrelevant if is legally prohibited or physically impossible."

_____________________________________________________________________________
Page 334
"legally permissible uses would conform to the land's current zoning classification and local building codes along with any other relevant regulatory or contractual restrictions on land use."

Page 338
"In addition to analyzing zoning and private restrictions as part of the test of the legal permissibility of a land use, appraisers should also investigate other applicable codes and ordinances, such as building codes, historical district ordinances, and environmental regulations."

 

[Mike Kennedy]

Someone kindly post a definition of Highest and Best ILLEGAL Use in Real Estate. Thanks much.

 

[J Grant]

Legally permissible is not the same thing as unlawful permit.

A converted garage can be legally permissible as residential and thus meet HBU, but the permit was not applied/for/granted. Which could adversely affect value or marketability, but that is part of analysis.

 

[Howard Klahr]

Thanks for the Coffee Howard.

Any time Mike.

https://www.municode.com/library/fl...d=PTIICO_CH5BURE_S5-0CHBUOFISPECOINENPRFLBUCO

Unfortunately your citation from the city of coral springs has nothing to do with Tom's coverage area which is roughly 400 miles away from that city.

However, using your selected city of coral springs, in order to install a ceiling fan a permit is required. So under your assertion, all homes with illegally installed ceiling fans are unable to be valued in that they do not conform to the building code?

 

[Mike Kennedy]

Legally permissible is not the same thing as unlawful permit.

A converted garage can be legally permissible as residential and thus meet HBU, but the permit was not applied/for/granted. Which could adversely affect value or marketability, but that is part of analysis.

Post 32, pages 334 & 338.

 

[Mike Kennedy]

Any time Mike.


Unfortunately your citation from the city of coral springs has nothing to do with Tom's coverage area which is roughly 400 miles away from that city.

However, using your selected city of coral springs, in order to install a ceiling fan a permit is required. So under your assertion, all homes with illegally installed ceiling fans are unable to be valued in that they do not conform to the building code?

If confirmed no permit/c.of o. exists wherewhen required, valuation based on HC that C.O. exists, and value subject to municipal compliance.

also reference Post 32, pages 334 & 338.

 

[Mr Rex]

All MK reports are subject to, how would he know if the homeowner replaced a defective receptacle and didn't get a permit or have a licensed electrician perform the work? What a crock Kennedy.

 

[CANative]

All MK reports are subject to, how would he know if the homeowner replaced a defective receptacle and didn't get a permit or have a licensed electrician perform the work? What a crock Kennedy.

Sometimes I feel sorry for him. Other times not so much.

 

[Howard Klahr]

valuation based on HC that C.O. exists

the required permit for installation of a ceiling fan has absolutely nothing to do with a certificate of occupancy.

If you're going to quote municipal codes and regulations you ought to be conversant in what they actually state and how they are enforced. Its called geographic competency. I uess that is why you don't perform appraisals in coral springs, fl