LTC 289-2011 Noise Report F-
. MIAMI BEACH
RE-
I V D
2011 NOV 10 AM 11. 0 I
OFFICE OF THE CITY MANAGER % T Y C! =q ;' OFFICE
NO. LTC # 289 -2011 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 15, 2011
SUBJECT: Noise Report: July — September 2011 (Quarter 3 — 2011)
This Letter to Commission (LTC) provides the July 2011 through September 2011 (Q3 — 2011)
quarterly report and data analysis on the enforcement and compliance efforts by the Building
Department's Code Compliance Division of the City's Noise Ordinance. Data for this report is
collected and reflected pursuant to the 2008 Administrative Guidelines, which are currently being
reviewed as part of a comprehensive assessment of Standard Operating Procedures (SOPs) for
Code Compliance.
I. Summary
A historical analysis reflects that Quarter 3 usually has the lowest number of Noise Violations within
any calendar year. The third Quarter for 2011 is no exception, with a total of 708 cases opened.
This is the lowest number of cases opened to date for each of the quarters within the current
calendar year, but reflects the second highest number of cases opened within any third Quarter,
second only to Quarter 3 of 2010.
Total Noise C ases
pened by Quarter
1567 ... 2006
1600
1400 -2007
1200
1000 _.
940 2008
8 00 '``• ..LL —2009
600 _._..
•�`*� -•✓ --- --2010
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200 .,2011
0
Q1 Q2 Q3 Q4
Letter to Commission
Noise Report — Quarter 3 2011 - July — September 2011
Page 2 of 5
Further analysis indicates that the majority of the cases opened during this quarter (99 %) were
captured through complaints fielded by Dispatch (operated by the Parking Department), as
opposed to those Noise Violations identified proactively and addressed by Code Compliance. Of
the total number of cases (708), seven (7) were voided (i.e. entered in error); thirty -one (31) were
canceled by the complainant before Code staff arrived; two (2) were not related to Code, and four
(4) were deemed to be duplicate complaints. That leaves 664 cases where the disposition was
either valid or invalid. Forty five of the 664 cases were addressed by the Miami Beach Police
Department (during the hours that Code Compliance is not operating — Mondays through
Wednesdays, 1:00 AM to 6:00 AM). A total of 145 cases were deemed valid, reflecting that 21.84%
of all cases opened for the third Quarter of 2011 were deemed valid.
Detailed information required per the Administrative Guidelines is presented in table form in
Attachment A for all cases, and Attachment B for commercial cases.
II. Commercial vs. Residential and Other Cases
For the purposes of this report, residential cases are those cases opened where noise takes place
in a single - family home, condominium, or apartment. Commercial cases are those that take place
in a hotel, bar, restaurant, retail, condo /hotel, or club. "Other" pertains to cases opened in areas
that do not fall within those categories, such as public parks, public rights of way, or waterways.
As in previous quarters, the majority of noise - related cases continue to take place within
residentially zoned areas. During the current rating period, 518 cases of the 664 (78.0 %) occurred
in residential areas, as opposed to 112 (16.9 %) in commercial areas, and 34 (5.1%) in "other'
areas. This quarter had the fewest number of commercial noise cases opened since the fourth
Quarter of 2007 - even lower than Quarter 3 -2009, when we had fewer total cases opened in that
quarter. The following chart reflects the breakdown between Commercial and Residential cases
since Quarter 4 -2007.
Residential vs. Commercial
y
Histo rical Data b Quarter
1200 _
--- Residential 1137
1044 __- -commercial _ _ --
7 62 ' 2
640
51 7
392 33
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III. Commercial Noise Violations
Although the majority of the Noise Cases and Noise Complaints continue to take place in
residential areas, the discussion of Noise Complaints in the City most often revolves around noise
from commercial entities. As such, this section provides a more detailed analysis of the Noise
Letter to Commission
Noise Report — Quarter 3 2011 - July — September 2011
Page 3 of 5
Cases and Noise Violations within commercially zoned areas. As previously noted, data for
violations for commercial establishments can be found in Attachment B.
During the rating period, there were a total of 112 cases opened for complaints for commercial
establishments. Complaints regarding noise at hotels represented the highest number of
commercial cases opened (43 cases, 38.4 %); followed by restaurants (29 cases, 25.9 %); bars (18
cases, 16.1%); condo - hotels (9 cases, 8.0 %); retail (8 cases, 7.1%); and clubs (5 cases, 4.5 %).
This information is reflected in detail in Attachment B, and reflected in the chart below.
Commercial Cases
July - September 2011
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Within the specific commercial establishments, the percentage of cases closed as valid varied as
follows:
o 33.3% - three (3) cases for condo - hotels were closed as valid
o 27.9% - twelve (12) cases for hotels were closed as valid
o 25.0% - two (2) cases for retail were closed as valid
o 22.2% - four (4) cases for bars were closed as valid, and
o 13.8% - four (4) of all cases for restaurants were closed as valid
o All cases (five) for clubs were determined to be invalid
In the aggregate, 22.3% of commercial cases were closed as valid, and 23.5% of "other" cases
were closed as valid.
Consistent with previous reports, the overwhelming majority of Commercial noise cases opened
during this quarter (87.5 %, or 23 cases) were for "loud music." This was followed by "construction"
(2 cases - 11.6 %), and "honking cars / alarms" (1 case - 0.9 %).
IV. Time Analysis
A time analysis (time at which a noise case was reported) for the third Quarter of 2011 reflects a
relatively even rate between morning and evening Noise Cases: 51.2% of the Noise Cases taking
place between 7:00 AM and 11:00 PM; and the remainder 48.8% taking place between 11:00 PM
and 7:00 AM. This is very much in line with previous noise reports.
i
Letter to Commission
Noise Report — Quarter 3 2011 - July — September 2011
Page 4 of 5
With regard to the time of violation for commercial cases, 54.5% of the Noise Cases took place
between 11:00 PM and 7:00 AM; and 45.5% took place between 7:00 AM and 11 :00 PM. If such
analysis is applied to valid cases only, evening violations (11:00 PM to 7:00 AM) took place at a
higher rate (60.0 %) as opposed to daytime (7:00 AM to 11 :00 PM) at 40.0 %.
As it relates to the day of the week, and consistent with previous periods, the majority of the Noise
complaints are received on Saturday, followed by Friday. During the rating period, 30.4% of the
Noise Cases were opened on Saturday, followed by Friday (17.9 %), Thursday (17.9 %), and
Sunday (13.4 %).
V. Arrival Time
Data on "arrival time" reflects the time from when a call was received by Dispatch to the time the
Code Compliance Officer arrives at the location of the complaint. For commercial cases, the "time
to arrive" averaged 19:27 minutes for valid cases and 19:51 minutes for non -valid cases. The
differential (of 24 seconds) for valid /non -valid dispositions was very similar when compared to
residential cases, although the overall time of arrival for residential cases was greater (22 :39
minutes for valid cases and 23:21 minutes for non -valid cases, with an 18 second differential). It
appears that arrival time does not have a direct correlation on the validity of a case.
It is noteworthy to reflect that when compared to last year's average, the Code Compliance
Division has reduced its overall average response time by nearly four minutes (3 minutes and 52
seconds). Code Compliance continues to make a concerted effort to further reduce and improve
the response time of all calls, and specifically noise - related cases.
Average Time for Code Officer to Arrive (Quarter 3 - 2011)
Number Average Time Number
Establishment Average Time from Call Received by
of Type to Officer's Status of Dispatch to Code Officer's Arrival
Cases* Arrival Cases*
Residential 0:23:12 VALID 96 0:22:39
NON -VALID 365 0:23:21
585 Commercial 0:19:46 VALID 20 0:19:27
NON -VALID 76 0:19:51
Other 0:19:58 VALID 5 0:19:00
NON -VALID 23 0:20:10
All Cases 0:22:29 VALID 121 0:21:59
NON -VALID 464 0:22:37
*Average Time Calculated using only those cases with valid time data for both "Time Call Received by Dispatch" and "Time of
Arrival by Code Officer ".
VI. Special Masters Appeal Hearings
Attachment C outlines those noise - related cases heard by or appealed to the Special Master
during this quarter. As you can see, Attachment C reflects a total of 27 cases. Ten (10) of these
were new appeals of noise violations filed with the Clerk of the Special Master. Of these ten new
appeals, as of the date of this report, two (2) cases were heard and upheld, three (3) were granted
a continuance, one (1) was dismissed, and four (4) are scheduled to be heard in November. In
Letter to Commission
Noise Report — Quarter 3 2011 - July — September 2011
Page 5 of 5
addition, there are another ten (10) additional appeals which were filed in previous reporting
periods and heard by the Special Master during this quarter. Of these ten (10), eight (8) were
upheld; one (1) was dismissed, and one (1) is in abeyance. The remaining cases are updates
(seven (7) cases) that occurred this quarter on appeals heard previously. During this quarter, fines
that had been upheld previously have been paid, totaling $2,750.
As required by the Administrative Guidelines, we are reporting that companion violations issued to
the property owner of 700 Di Lido Drive were closed without a fine due to noticing issues; however,
the fines issued to the tenant were paid in full.
VIII. Status on Previous Recommendations
This LTC marks the third quarter under the leadership of a new Code Compliance Division
Director, Robert Santos- Alborna. Through the first three quarters, there has been a gradual but
steady increase in the noise validity rate which may be as a result of enhanced training and the
deployment of Standard Operating Procedures (SOP) related to noise complaint enforcement.
Other changes include the addition of Quality of Life Part Time staff which has directly impacted
the response time and quality of work.
IX. Noise Ordinance Exemptions
No Noise Ordinance Exemptions were granted during this reporting period. However, we would like
to correct the Quarter 2 - 2011 and Annual Report to clarify that an exemption was granted,
pursuant to the Administrative Guidelines, for the Bandshell on April 29 and April 30, 2011. No
noise complaints were received regarding these events.
X. Major Events
There were no major events during this reporting period to make any impact on Noise Complaints.
CONCLUSION
Ongoing training remains a priority for the Division, with increased efforts on proactive
enforcement. In addition, the new Noise SOP provides for improved means to communicate the
receipt of a complaint to either residential or commercial locations that are deemed non -valid on
arrival, ensuring that those locations are aware that noise that was occurring prior to the officer's
arrival resulted in a complaint call being made for the City to investigate. It is hoped that this
educational process will assist in reducing noise, especially in residential cases such as
apartments.
Attachments
JMG /HF /KT /RSA
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ATTACHMENT C
Information on .. .- ..
Date of Request Special Master Coc:e Case Address Name Status
Violation Filed Case Number Number
City Bill #00018133 / Cust#016066 $2,000, (City Bill
reduced to $1,000) 2/3/11 this case was reduced to
04/29/2010 05/11/2010 JC10000494 CE1000t. ?33 2120 BAY AV SUNSET 4 Gregory Mirmelli 2nd offense pursuant to rulings on
JC10000345/JC10000462. Fine $1,000 unpaid as of
_ 10/19/2011.
1/6/11 - SM Fine $2,000 upheld and shall be paid by
10/01/2010 10/12/2010 JC11000001 CE11L 10009 655 Washington Ave KM Club LLC 7/1/11 City Bill #00020277 / Cust#014339 $2,000. Fine
$2,000 unpaid as of 10119/2011.
(City Bill #000196941 issued to Cust# 016941 for $250)
Fresh on Fifth Pursuant to the Order of the Special Master dated April
10/18/2010 10/22/2010 JC11000194 CE11000529 448 Ocean Drive LLC 7, 2011, (Inspector not present) case is DISMISSED,
with prejudice. Administrative cost to be refunded to
Petitioner. 8/11 /11 City Bill Voided.
03/03/2011 - Violation was not valid, case DISMISSED.
11/07/2010 11/17/2010 JC11000201 CE11001147 1685 Collins Ave Delano Hotel (City Bill #00020078 issued to Cust# 013810 $250 to
be voided). 7/25/2011 City Bill voided.
(City Bill #00021246 issued to Cust# 017352 for $250)
01/02/2011 01/12/2011 JC11000271 CE11002934 700 W Dilido Drive Seth Alan Gissen On 05/19/2011, adjudicated GUILTY of a First Offense.
A fine of $250 PAID on 06/30/2011.
(City Bill #00021234 issued to Cust# 017371 $1,000)
01/23/2011 02/02/2011 JC11000277 CE11003619 1 0 Street Seth Alan Gissen On 05/19/2011, Case not valid, case DISMISSED.
Status shows CLOSEDSM on PermitsPlus.
On 05/19/2011, adjudicated GUILTY of a reduced
Second Offense because CE1 1003619/JC1 1000277
02/12/2011 02/22/2011 JC11000278 CE11004373 700 W Dilido Drive Seth Alan Gissen was dismissed. A fine of $1,000.00 shall be paid by
July 1, 2011. City Bill #000226680 / Cust 017352 for
$2,000 issued then reduced to $1,000 as per Special
Master as noted. City Bill paid $1,000 6/30/11.
Garden of EDEN 9/1/11 - Appeal denied. Violation upheld. City Bill
02/04/2011 02/14/2011 JC11000279 CE11004086 210 23rd Street Restaurant dba invoice #00026386 issued to Cust # 017883 for $250
EDEN, SI PAID on 11/1/11
Garden of EDEN 9/1/11 - Appeal granted. Case dismissed with
03/10/2011 03/14/2011 JC11000405 CE11005439 210 23rd Street Restaurant dba prejudice.
EDEN, SI
Garden of EDEN 9/1/11 - Appeal denied. Violation upheld. City Bill
03/11/2011 03/14/2011 JC11000406 CE11005517 210 23rd Street Restaurant dba #00026605 issued to Cust# 017883 issued for $1,000.
EDEN, SI
07/07/2011, Case CE11003859 dismissed for lack of
SOHO House prosecution and this violation reduced to a Written
02/19/2011 02/28/2011 JC11000408 CE11004575 4385 Collins Ave Beach House, Warning, and is DISMISSED. City Bill #00022683 /
LLC Customer # 016657 needs to be voided. Administrative
cost to be refunded to Petitioner.
7/7/11 violation CE11006124 reduced to a 1 st offense.
SOHO House At the City's request, the case is dismissed.
03/20/2011 03/30/2011 JC11000640 CE11006124 4385 Collins Ave Beach House, Administrative cost to be refunded to Petitioner. City
LLC Bill #00023885 / Cust# 016657 to be adjusted from
$1,000 to $250.
7/7/11 Notice of Violation for CE11009014 is valid,
Leonard A Petitioner is adjudicated GUILTY of a First Offense.
05/14/2011 05/18/2011 JC11000641 CE11009014 14 S Hibiscus Drive Roudner Fine of $250 shall be paid by August 8, 2011. City Bill
Invoice Issued CB #00024699 / Customer # 017601 and
aid on 8/10/11.
6/22/11 Petitioner shall submit a Memorandum of Law
to the Office of the Special Master on or before July 22,
1625 Michigan 2011. The city's response shall be filed on or before
05/08/2011 05/17/2011 JC11000642 CE11008839 1625 Michigan Ave LLC dba Mova August 8, 2011. City Bill #00023604 / Cust 017701
issued for $250. 7/21/11 Memorandum of Law
submitted by petitioner's attorney. Scheduled for SM
on 12/1/11.
8/4/11 Case put on hold by department so offense can
be investigated. 8/26/11 Violation was amended by
06/11/2011 06/17/2011 JC11000734 CE11010311 920 N Shore Drive David Wallace Code Compliance to a written warning, which cannot be
Floberg heard by SM until a First offense is issued. City Bill
Invoice Issued City Bill #00025131 / Customer #
012282 INVOICE VOIDED
8/4/11 - Violation not valid, the Written Warning issued
06/18/2011 06/22/2011 JC11000735 CE11010536 4442 Prairie Ave Paulo Buonfante under case CE11001698 was dismissed with
predjudice. This case was reduced to a written
warning. Administrative cost of $100 to be returned.
8/4/11 - SM cases JC11000515 and JC11000516
06/18/2011 06/22/2011 JC11000736 CE11010518 1000 West Ave Jill S. Herman dismissed resulting in CE11010518 being reduced to a
written warning. Administrative cost of $100 to be
returned.
07/03/2011 07/07/2011 JC11000766 CE11011098 1741 Collins Ave Marseilles Hotel 9/1/11 - Petitioner is adjudicated Guilty of a Second
Offense
2201 Collins Fee 10/6/11 - Violation is valid. Petitioner is adjudicated
07/28/2011 08/05/2011 JC11000813 CE11011967 2201 Collins Ave LLC dba W guilty of a First Offense
South Beach
10/6/11 - Continued to 11/3/11 for determination of
Oceanside Plaza timeliness in filing the appeal. 11/3/11 SM ruled that
08/15/2011 08/29/2011 JC11000872 CE11012899 5555 Collins Ave Condominium appeal was not filed timely, the request is Denied. City
Assoc Bill invoice# 00026594 issued to customer 018777 for
$250, PAID on 11/15/11
Oceanside Plaza 10/6111 - Continued to 11/3/11 where the appeal was
08/23/2011 08/29/2011 JC11000873 CE11013415 5555 Collins Ave Condominium granted and the case was dismissed. Violation was for
Assoc a generator and the SM found that the violator was
making a good effort to reduce the noise.
Oceanside Plaza 10/6/11 - Continued to 11/3/11 where the appeal was
08/24/2011 08/29/2011 JC11000874 CE11013483 5555 Collins Ave Condominium granted and the case was dismissed. Violation was for
Assoc a generator and the SM found that the violator was
making a good effort to reduce the noise.
10/6/11 SM dismissed case, Inspector resigned from
Ugne Gerda City and unavailable as witness and dog owner had
08/25/2011 09/07/2011 JC11000879 CE11013514 1234 Penn Ave Arbusauskaite gotten rid of the dog. $100 administrative costs to be
refunded and CB# 00025452 to Customer# 018302
issued for $1,000 to be voided.
09/17/2011 09/23/2011 JC12000001 CE11014605 415 N Shore Drive Vivian and 11/3/2011 Adjudicated guilty of 1st offense. City Bill of
Jimmy Quiro a $250 to be issued.
09/29/2011 09/30/2011 JC12000002 CE11014989 2180 Bay Drive Giangi Ratto 11/3/2011 Adjudicated guilty of 1st offense. City Bill of
$250 to be issued.
11/3/2011 The written warning issued under Case
Seacoast 5151 Number CE11014687 was VACATED. Notice of
09/22/2011 09/30/2011 JC12000003 CE11014742 5151 Collins Ave Condominium Violation and fine under this case (CE11014742) was
Assoc Inc. dismissed. Administrative cost to be refunded to
petitioner.
Seacoast 5151 11/3/2011 Case Dismissed, Administrative cost of $100
09122/2011 09/30/2011 JC12000004 CE11014793 5151 Collins Ave Condominium to be returned to Petitioner
Assoc Inc.