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LTC 533-2017 Combined Noise Report_ Quarterly Report Q2-2017 andMIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER NO. LTC # 533-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commsion FROM: Jimmy L. Morales, City Mana•er DATE: October 31, 2017 SUBJECT: Combined Noise Report: Quarterly Noise Report Q2-2017 (April — June, 2017); and Annual Noise Report 2016-2017 (July 2016 — June 2017) This Letter to the Mayor and City Commission (LTC) provides noise data and analysis on the Code Compliance Department's (Code) enforcement efforts regarding the City's Noise Ordinance. The analysis includes both the Quarterly Report for Q2-2017 (April 1, 2017 - June 30, 2017) and the Annual (July 1, 2016 through June 30, 2017) Noise Report. The data presented in this LTC is submitted in accordance to the requirements established in the 2008 Noise Administrative Guidelines which were adopted via resolution and approved on October 7, 2008. Data includes total number of noise complaints, location and noise type, time and day of the week the complaint was received, response time, disposition and number of cases with a valid or non -valid disposition, classification of noise cases, and other details. The report includes the following documentation: • Attachment A: Detailed data table for all noise cases for the period from July 1, 2016 — June 30, 2017. • Attachment B: Detailed data table for all noise cases for Q2-2017. • Attachment C: Disposition of noise cases presented to, filed for appeal, or scheduled to be heard at Special Master Hearings for Q2-2017. I. Summary of Annual Report Data Attachment A to this report provides annual data for Quarters 3 and 4 of calendar year 2016, and Quarter 1 and 2 of calendar year 2017. During the reporting period for July 1, 2016 through June 30, 2017 a total of 3,605 noise complaint cases were received. Of the 3,605 total cases, 53 were canceled by the complainant, 4 were voided due to entry errors, 2 were deemed duplicate complaints, 461 were routed to the Police Department as the request was received during hours that Code does not operate, 68 were closed, and 23 were determined to not be applicable to Code. Subtracting these 611 cases from the total number of cases opened results in 2,994 cases with a disposition of valid or non -valid. During the annual evaluation period, a total of 389 cases were deemed valid, resulting in an overall validity rate of 13% for all noise cases. LTC: Annual Noise Report 2016-17 and Q2-2017 Noise Report (April - June 2017) Page 2 of 5 A historical review of noise cases by year shows that the number of noise cases received and specifically responded to by Code have maintained a higher level relative to 2007-2008. This may be a result of the improved tracking of complaints along with ease of access and ability to contact Code or Police to initiate a complaint regarding noise. 5,000 4,500 4,000 3,500 3,000 2,595 2,500 — 2,000 — 1,500 — 1,000 — 500 — - 0 Annual Total of Noise Cases (Handled by Code Compliance) 3,357 3,655 4,412 3.884 3,718 3,432 3,664 3,207 2,994 o'b o°' y0 yy N.1',S yo N. , 55o N. L°°1 L°°4� L°°moi L°�° 'V0 '1, 0>1' L 1, 1, Lo,>0 Lo, ' LQ> The report shows that residential noise violations, both historically and statistically, account for the majority of noise cases. During the 2016-2017 evaluation period, residential noise cases accounted for 62.7% of noise cases/investigations (1,872 cases), of which 250 cases were identified to be valid. This yields a 13.4% validity rate. When a similar analysis is applied to commercial cases, the validity rate reflects as 9.1% of the 681 total commercial cases with 62 cases deemed valid. BREAKDOWN OF TOTAL CASES BY TYPE (July 2016- June 2017) Residential 1,872 62.7% Commercial 681 22.6% Other 441 14.7% Totals 2,994 100% There were 2,605 cases that failed to meet the noise violation threshold during the 2016-2017 evaluation period. Nearly one-half of the instances (45.6%), were due to no noise being identified by the responding Code Compliance Officer (CCO) at the time of arrival. An additional 39.3% were deemed to not be loud or excessive or plainly audible after 11 PM (at 100 feet) by the responding CCO. LTC: Annual Noise Report 2016-17 and Q2-2017 Noise Report (April — June 2017) Page 3 of 5 REASONS FOR FAILING TO MEET NOISE VIOLATION THRESHOLD (July 2016 - June 2017) Total Cases No Music/Noise Not Loud or Music/Noise No Exception Not a Failing to Meet Noise Not Loud or Excessive lowered prior Access / Granted Code Noise Threshold Upon Excessive AND After 11 PM to arrival per No Issue / No Arrival - Not audible at complainant Access Info. 100ft. code 2,605 1,189 780 245 62 120 47 162 PERCENTAGES 45.6% 29.9% 9.4% 2.4% 4.6% 1.8% 6.2% Response time is a crucial element in responding to noise complaints representing the period between the time the complaint is received by the Parking Department's Dispatcher, and "arrival time" to the location by a CCO. The table below reflects response time and outcome by establishment type. Code continues to strive to respond to noise complaints within a 15-20 minute window. Number of Cases* 2,792 AVERAGE CODE COMPLIANCE OFFICER RESPONSE TIME (July 2016 - June 2017) Establishment Type Residential Commercial Other All Cases Average Time to Officer's Arrival Status VALI D 0:24:45 NON -VALID 0:22:29 0:22:54 1VALID NON -VALID 1VALID NON-VALI D Number of Cases* 222 1,532 55 584 63 336 Average Time from Call Received by Dispatch to Code Officer's Arrival 0:24:54 0:24:44 0:19:55 0:22:44 0:20:17 0:23:23 1VALID I 340 I 0:23:14 0:23:58 (NON NON -VALID 2,452 0:24:04 `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" During the annual evaluation period, a number of major events took place including Memorial Day Weekend, Winter Music Conference, Spring Break, Halloween, New Year's Eve and other events associated with music. All these events were associated with an increased number of noise violations. 11. Summary of Quarter 2 - 2017 During Q2-2017 (April 1 — June 30, 2017) there were a total of 841 noise cases investigated by either Code or the City of Miami Beach Police Department (MBPD). Of these, 11 cases were canceled by the complainant prior to Code's arrival, 2 cases were voided, 26 cases were deemed not applicable to Code and/or closed, and 132 cases were routed to MBPD during periods that Code does not operate. When the above referenced 172 cases are subtracted from the total number of noise cases opened, the result is 669 cases with a disposition. The disposition reflects a number of possible outcomes including whether the noise complaint met or failed to meet the noise threshold. During the rating period, of the 669 cases, 75 were deemed as meeting the threshold of being excessive, unusual and/or unnecessary; resulting in an aggregate noise validity rate of 11.2%. Further analysis reflects that the noise validity rate for residential areas was 9.2%, whereas the validity rate for commercially zoned areas during the same period was identified at 13.4%. LTC: Annual Noise Report 2016-17 and Q2-2017 Noise Report (April — June 2017) Page 4 of 5 The analysis for Q2-2017 indicates that of the total 669 cases addressed by Code, 411 (61.4%) were identified to have taken place in residential areas; 142 (21.2%) were identified to have taken place in commercially zoned properties, and 116 (17.3%) took place within the public right of way or on public property. BREAKDOWN OF TOTAL CASES BY TYPE (April 2017 — June 2017) RESIDENTIAL 411 61.4% COMMERCIAL 142 21.2% OTHER 116 17.3% TOTAL 669 100.0% As in previous reports, loud music remains the most common type of noise complaint (486 cases or 72.6%) followed by construction -related noise (129 cases or 19.3%). As it relates to day of the week, Saturday continues to be the day with the highest incidents of noise cases (165 cases or 24.7%). AVERAGE CODE COMPLIANCE OFFICER RESPONSE TIME (02-2017) Number of Cases* 608 Establishment Type Residential Average Time to Officer's Arrival Status Number of Cases* Average Time from Call Received by Dispatch to Code Officer's Arrival VALID 0:23:56 NON -VALID 33 0:22:40 346 0:24:03 Commercial 0:23:02 1VALID NON -VALID 14 0:13:51 115 0:24:09 Other 0:23:43 VALID NON -VALID 11 0:21:27 89 0:23:59 VALID 58 0:20:19 All Cases 0:23:42 f NON -VALID 550 0:24:04 *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" Further analysis to determine the reasons why a noise complaint failed to meet the threshold to issue a Notice of Violation indicates that in approximately 85.9% of the complaints, the noise level either failed to meet the excessive, unusual and/or unnecessary threshold, or there was no noise identified upon arrival by the CCO. The table immediately below provides detailed information on all outcomes based on the assessment made by the responding CCO. REASONS FOR FAILING TO MEET NOISE VIOLATION THRESHOLD (Q2-2017) Total Cases No Music/Noise Not Loud or Music/Noise No Exception Not a Failing to Meet Noise Not Loud nor Excessive lowered prior Access / Granted Code Noise Threshold Upon Excessive AND After 11 PM to arrival per No Issue / Arrival - Not audible at complainant Access No Info. 100ft. code 594 275 178 57 8 27 11 38 PERCENTAGES 46.3% 30.0% 9.6% 1.3% 4.5% 1.9% 6.4% LTC: Annual Noise Report 2016-17 and Q2-2017 Noise Report (April — June 2017) Page 5 of 5 III. Special Master Appeal Hearings As part of due process afforded pursuant to Chapter 162, Florida Statutes, noise violations are appealable before a Special Master. Attachment E reflects the resolution and/or current status of noise -related cases appealed as of this reporting period. There were 18 noise -related cases pending appeal before the Special Master during Q2-2017. Of these, eight were adjudicated guilty, six were dismissed or closed by the Special Master for various reasons, which may have been for legal insufficiency or failure to meet the "clear and convincing" standard of evidence and four have yet to be heard. IV. Conclusion This is the first annual report with data sourced entirely from the City's new permitting and licensing system, Energov. With its web -based process, the database is designed to facilitate timelier uploading of information. This is in line with the City's use of technology as a tool to facilitate business processes. Along with a significant increase in both field and academic training, Code continues to improve its business processes and delivery of services. Noise remains a very important issue addressed by Code as it has a direct correlation with the quality of life of our residents. As such, response time to noise complaints continues to be a priority for the Department. JLM/SMT/HC/4 5/RFM Attachments Attachment A: Annual Noise Case Data, July 1, 2016 through June 30, 2017 Attachment B: Q2-2017 Noise Case Data Attachment C: Q2-2017 Special Master Case Result Summary F:\CODE\$ADM\Randi\NOISE\Annual 2017\Q2-2017 and Annual LTC.docx (of the following morning) O H 0oeoo= N M co r M O c0 O 4 0 0 CO d U O h Z O CO N CO CO 00 to N 7 N 0 0 0 0 0 0 00 r O r y 0 0 N.: O r 0 7 0 0 4.1 O M W N CO N r r O M y J 1- 0 H 0 0 0 ° o 0 O n N M r M 0 O O O W O O 2 O M O n OI N N CO N r N O H z w z z O W _O U H O H d yjW o O U U T D H UI Z D 0 H 2Z z O H Z N O W Y 2i W W oOO>< OF -0 2-J=1030002 w r a J > z 0 z 0 z 0 a W U a 000000= N O co 0 N N O r N N V n N M N CO (O ' O O co 0 n n r N CO n 0 0( 0 0 0 0 0 n co N W O O n M N (D n n 0) N r N CO O O M N N N N N at c o o 0 0 0 0 O N O O c N n o O O O O) n V CO CO N CO 0) O! O) CO O) 01 N V cO O! 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M 0 O) n CD t0 0) CO Cn n CD O CO co 0 0 0 0 o e o e n n O co M VN.: O N N r CO CO CO V W O N A N N w V) T Lu CO 0 Q T O co T T O O 43 1z Wc>. 0 03 -0 O ° >, v m 0 my LI ,pm -J O N .' a N Q 0NN Ug 4 2 F- 5 r ii cn cn i > _ 2 � H Li (0u) d 0 Z co V co M N0 0 o a V CO 0 0 0 0 0 0 V O n s-0 (P O O N CO o 0 o ei -J Q 1- 0 0 0 0 0 o o e O V' N [Y M 0 0 O WM �so- "o- M N O O coo m 0 aU) F 2 0 0 0 0 J F z w z z O w O O S F u co w 0 Z 0 U Z Z 0 j_ w Z wy�w wY ww'Oz=z ><e[01-0 J c000 0 002 NON-VALID -0 0 0 0 0 0 O n O N N M n 0 N 0 N N 0) M CO N 7 n N • A 0 0 0 0 0 0 0 0 (P O CO n Zr r 4 N: vi N o co a m N. 0 CDO O O) V 0 M 0- 0- CD n CO M D D D D c D D o rnc0rnncDrn O rn n o 0 0� N 'O 0)11, N N 0) N N LO V CO 0 0) r O) � N m TT T N -0 toc U V N ca 1:1c C y Wnv') 0 0 0 0 e 7 M O O 0 V o N o N 0 00 0 e M 0 Moi O Cp eco 0,1 CD CO O 0, 04. 0 0 0 0 r r 0 O N r r V a 0 C0 J ) Q P0 z zrE 2 I Z W 0 I- z C U 0 O Z • a V M co co N r N 0 N Lri • 0 0 0 to M M (O r M O O • c o Ot N O K N O C 0) bVI ATTACHMENT C ti O N Nry V c .4+ N 2 VJ N d as U 0 c 0 N 0 N 0 c 0 E 0 L a) i0 0 N � r o ca Q () w 1 0 a) r r r N Q r N N N r r r '- a) 22.c 5/11/17 Case Dismissed. a) c c E- LL Co LON bg L 3 •3 73 (1) ( 0 13• -0 0Q r -- v- 00 r — rO 6' 5/11/17 Adjudicated with $1,000 Fine. m 0 .0 a) 0 la ai N c c it o ami O c0 O > _O c0 r > 3 c c CA 1 (U :4= := L c O 0 :.- a) C C 3 7 N c U O O o O t) 0 0 '0 0) L 0a) (1) 0 Q j Q CO CD < r c U U tea) - rr N :t -1r r r ---co >C N CO o0 N r0 > V O O O SM 12/14/17. J J J J E a) a) a) E E c Z0 0 0 co O 2222 2.c cn w cn a) a) O fn N a) m 2 a) a) c c)0)0)CD me m U U U m m N (0 L 1052 Ocean Drive 1052 Ocean Drive 1052 Ocean Drive Coastland Construction Daniel Sehres 10/26/17 Agreed Order - Case Dismissed. a) cn (0 C) 7 L (1) CO 0 > Cn C CO C O a) c N - m (/) n J J J~ 0 y ._ > f0 J J co J > 13 C OC C •E •E C C 0 in i—fl LJJ � J 0 0 rn c0 a) r J W (/) C/) (/) < r m r J m 2000 Collins Avenue 2000 Collins Avenue 1545 Meridian Avenue 1100 West Avenue 2469 Collins Avenue > > 'L 0 0 C C (0 CO a) a) 0 0 O O CD 0 O 0 N N r r 42 Star Island Drive 1906 Collins Avenue Code Case L d E Z CE16003459 d E Z d N cc U JC16000323 SMN2016-00004 I CE16003531 CE16003882 JC16000329 00900-91.0ZON I L0000-9I.0ZNINS NC2016-01370 NC2016-01963 SMN2016-00011 SMN2016-00014 SMN2016-00015 I NC2016-01976 SMN2016-00016 I NC2016-01997 SMN2017-00017 I NC2017-02560 SMN2017-00018 I NC2017-02600 000 o CO 0) N N O O r r r O O N N U U Z Z 0) 0 r N O O O 0 0 r r 0 0 Z Z w NC2017-03071 NC2017-03683 SMN2017-00021 SMN2017-00023 CO CO CO (O CO CO .1•. r r r r r ,- 00 42) 0 NN N N N N Q = 0) N CS) O 0 0) a) LL O O O O CO r X LC) CO CC) O , O O O r r N. - 12/20/2016 12/23/2016 02/08/2017 02/17/2017 03/07/2017 03/07/2017 05/22/2017 05/19/2017 03/23/2016 04/03/2016 08/12/2016 C) CO m CO O O O O N N N N cn m r CO O N N N r r r r 02/04/2017 02/07/2017 03/04/2017 03/05/2017 03/26/2017 05/12/2017 1100 West Avenue 05/31/2017 10/26/17 Case Dismissed. Twin 918 LLC 1330 Ocean Drive 601 5th Street 1100 West Avenue SMN2017-00025 I NC2017-03892 NC2017-03987 NC2017-04095 SMN2017-00026 SMN2017-00027 06/12/2017 06/19/2017 06/30/2017 06/04/2017 06/17/2017 06/28/2017