LTC 336--2019 Quarterly Noise Report Q3-2018 (July-September 2018) MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 336-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members oft e City C4 mission
FROM: Jimmy L. Morales, City Manager 1 `
DATE: June 4, 2019
SUBJECT: Quarterly Noise Report Q3-2018 (J — September 2018)
This Letter to Commission (LTC) provides noise data and analysis on the Code Compliance
Department's (Code) enforcement efforts regarding the City's noise ordinance for the period
between July 1, 2018 through September 30, 2018. 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.
The report includes the following documentation:
• Attachment A: Detailed data table for all noise cases for Q3-2018.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled
to be heard at Special Master Hearings for Q3-2018.
I. Summary
During Q3-2018, there were a total of 762 noise cases opened and/or investigated by either Code
or Police. Of these, 106 cases were routed to Police during periods that Code does not operate, 25
cases were canceled by the complainant prior to the code compliance officer's (CCO) arrival, eight
cases were deemed not applicable to Code and five were duplicate cases entered in error. When
these 144 cases are subtracted from the total number of noise investigations, the result is 618
cases addressed by Code with a disposition. The case disposition reflects several possible
outcomes including whether the noise complaint met or failed to meet the noise threshold.
Historically, noise reports focused strongly on whether Code issued a violation as a result of a noise
complaint. Based on the result of the CCO's investigation of the complaint, those cases that were
issued a violation were labeled with a status of"valid"while those not issued a violation were labeled
as "invalid". The resulting status of "invalid" gave a false impression to many complainants that
their complaint was considered invalid. Since achieving compliance is a principal goal for Code as
it relates to the City's noise ordinance, going forward data will now represent the compliance
rate for noise complaints.
Compliance is determined when a CCO assesses a complaint and determines the noise level is not
excessive, unusual and/or unnecessary. This determination may be realized because the noise
was lowered prior to the CCO's arrival as confirmed by the complainant, no noise was occurring
upon the CCO's arrival, an exemption was granted, the noise level was not loud or excessive, the
noise was not audible at 100 feet after 11 PM or the noise was lowered as a direct result of a violation
or warning being issued.
LTC: Q3-2018 Noise Report(July-September 2018)
Page 2 of 3
During this rating period, compliance was achieved in 602 of the 618 cases handled by Code
resulting in a compliance rate of 97.4% including 68 cases achieving compliance by the issuance
of a notice of violation or warning.
METHOD OF COMPLIANCE
No Noise Upon Music/Noise After 11 PM- Written Exemption Music/Noise
Arrival Not Loud nor Not audible at Warning/ Granted lowered prior to
Excessive 100ft. Violation Issued Code's arrival
(per complainant)
260 150 92 68 20 12
This quarter continues the trend with loud music as the most common type of noise complaint (451
cases, 73%) followed by construction-related noise (126 cases, 20.4%). As it relates to day of the
week, Saturday continues to be the day with the highest incidents of noise complaints (154 cases,
24.9%).
The analysis for Q3-2018 indicates that of the total 618 cases addressed by Code, 384 (62.1%)
were identified to have taken place in residential areas; 147 (23.8%) were identified to have taken
place in commercially zoned properties, and 65 (10.5%) took place within the public right-of-way or
on public property. The chart below reflects this information.
BREAKDOWN OF TOTAL CASES BY ESTABLISHMENT TYPE
July 2018—September 2018
Establishment Type Number of Cases Percentage of Cases
RESIDENTIAL 384 62.10%
COMMERCIAL 147 23.80%
OTHER 65 10.50%
UNKNOWN 22 3.60%
TOTAL 618 100%
Attachment A provides details regarding the location of the noise complaint or proactive
assessment, (e.g. apartment, bar, club, condominium, etc.), as well as noise type (e.g. loud music,
construction noise, barking dog, etc.). The attachment also reflects noise cases by time of day, and
day of the week.
Response time can be a crucial element in responding to noise complaints. The table below
provides the response time, by establishment type for Q3-2018. Response time is described as
the period between the time the complaint is received by the Parking Department's Dispatcher and
"arrival time" to the location by a CCO.
AVERAGE RESONSE TIME (Q3-2018)
Number of Establishment Number of Average Time for Code
Cases* Type Cases* Officer to Arrive
Residential 376 0:23:15
578 Commercial 141 0:19:10
Other 61 0:18:26
All Cases 578 0:21:44
*Average Time Calculated using only those cases with valid time data for both
"Time Call Received by Dispatch" and "Time of Arrival by CCO"
LTC: Q3-2018 Noise Report(July-September 2018)
Page 3 of 3
II. Special Master Appeal Hearings
As required by Chapter 162 of the Florida Statutes, and part of due process, noise violations are
appealable before a special master. Attachment B reflects the resolution and/or status of noise-
related cases appealed as of this reporting period.
During the evaluation period there were 24 noise-related cases pending appeal before the special
master. Of these, 13 had yet to be heard and the dispositions of the remaining 11 cases are as
follows:
• three cases were dismissed by the special master
• three cases were settled under an agreed order
• two cases were adjudicated guilty
• two cases were reclassified to written warnings
• one case was closed at the request of the department
Ill. Conclusion
If you require further information, please contact Hernan D. Cardeno, Code Compliance Director at
305.673.7077.
JLM/SIT ISKS/rfm
Attachments
Attachment A: Noise Case Data, Q3-2018
Attachment B: Special Master Case Result Summary, Q3-2018
F:\CODE\$ADM\NOISE\Q3-2018\Q3-2018 Noise LTC(rev 5-2019).docx
ATTACHMENT A
Noise Data 07/01/2018 - 09/30/2018 (Q3-2018)
Total Number of Noise Complaint Cases Opened/Calls Received
Less Cases handled by MBPD,
Voided,Canceled,Duplicate Total Cases Handled by
Total Cases Opened Complaints,Complaints not Code
Applicable to or handled by Code
Compliance
762 144 618
Breakdown of Notices /Warnings Issued
Verbal 0 0.0%
Written Warning 54 79.4%
Violation 14 20.6%
Totals 68 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 384 62.1%
Commercial 147 23.8%
Other 65 10.5%
Unknown 22 3.6%
Totals 618 100%
Residential=Apt, Condo, Single Family
Commercial=Bar, Club,Hotel,Hotel-Condo,Restaurant,Retail, Construction
Other=Bandshell,Beach,Public Property,etc.
Totals
Establishment Percentage of All
Number of Cases Cases
APT 169 27.3%
BAR 22 3.6%
CLUBS 24 3.9%
CONDO 131 21.2%
CONDO-HOTEL 10 1.6%
HOME 84 13.6%
OTHER 65 10.5%
RESTAURANT 44 7.1%
RETAIL 0 0.0%
HOTEL 47 7.6%
UNKNOWN 22 3.6%
Totals 618 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 451 73.0%
LIVE ENTERTAINMENT 0 0.0%
BARKING DOG/ANIMALS 33 5.3%
CROWD NOISE 0 0.0%
CONSTRUCTION 126 20.4%
OTHER 3 0.5%
HONKING CARS/ALARMS 5 0.8%
Totals 618 100%
Call Time of Day / Day of Week
Day of Week Totals 7a-11p 11p-7a
(of the following morning)
Monday 63 10.2% 43 7.0% 20 3.2%
Tuesday 45 7.3% 28 4.5% 17 2.8%
Wednesday 70 11.3% 48 7.8% 22 3.6%
Thursday 68 11.0% 26 4.2% 42 6.8%
Friday 113 18.3% 45 7.3% 68 11.0%
Saturday 154 24.9% 69 11.2% 85 13.8%
Sunday 105 17.0% 85 13.8% 20 3.2%
Totals 618 100% 344 55.7% 274 44.3%
Call Time of Day - Establishment Type
Establishment Type Totals 7a-11p 11p-7a
(of the followins morning)
RESIDENTIAL 384 62.1% 219 35.4% 165 26 7%
COMMERCIAL 147 23.8% 73 11.8% 74 12 0%
OTHER 65 10.5% 39 6.3% 26 4.2%
UNKNOWN 22 3.6% 13 2.1% 9 1.5%
Totals 618 100% 344 55.7% 274 44.3%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice/Warning Issued No Notice/Warning Issued
Anonymous Complainant 376 60.8% 20 3.2% 356 57.6%
Anonymous/Contact made 32 5.2% 13 2.1% 19 3.1%
Contact Information Provided 208 33.7% 34 5.5% 174 28.2%
Proactive 1 0.2% 1 0.2% 0 0.0%
Unknown 1 0.2% 0 0.0% 1 0.2%
Totals 618 100% 68 11.0% 550 89.0%
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (Q3-2018)
Date of Violation Request Filed Special Master Case Code Case Number Address Name Status
Number
03/23/2016 09/01/2016 SMN2016-00004 CE16003531 1052 OCEAN DR Riley/Villa Attorneys at Law,PLLC 9/13/18 Agreed Order. Violator to pay$1,000 within 180
days of Agreed Order.
11/03/2017 11/14/2017 5MN2017-00031 NC2017-04895 1330 OCEAN DR Twin 918,LLC SM 10/25/2018
11/04/2017 11/14/2017 SMN2017-00030 NC2017-04988 1330 OCEAN DR Twin 918,LLC SM 10/25/2018
12/06/2017 12/13/2017 SMN2017-00033 NC2017-05377 1255 WEST AVE Bikini Hostel,Inc d/b/a BIKINI HOSTEL 7/26/2018-Case amended to a written warning. The
CAFE&BEER $100.00 administrative court cost fee shall be returned to
Petitioner.
01/20/2018 01/22/2018 SMN2018-00039 NC2018-05967 2000 COLLINS AVE Bagatelle Miami 9/6/18 Agreed Order to pay$1,000 with 30 days.
02/17/2018 02/21/2018 SMN2018-00040 NC2018-06302 1237 LINCOLN RD Molto Bene LLC 9/27/2018 Adjudication of noncompliance. This is the
Petitioner's second offense which carries a fine of$1,000.00
and shall be paid to the City by November 13,2018.
02/18/2018 02/21/2018 SMN2018-00041 NC2018-06314 1237 LINCOLN RD Molto Bene LLC 9/27/2018 Adjudication of noncompliance third offense.Fine
of$2,000.00 shall be paid to the City by November 13,2018.
02/18/2018 02/22/2018 SMN2018-00042 NC2018-06315 1100 WEST AVE 1100 West Investments,LLC d/b/a 8/23/2018 Agreed Order.Case reclassified to a Written
MONDRIAN SOUTH BEACH Warning.
02/26/2018 03/07/2018 SMN2018-00043 NC2018-06398 8340 BYRON AVE Ervin Olivars 8/23/2018 This case is Dismissed. The$100.00
administrative court cost fee shall be returned to Petitioner.
03/04/2018 03/12/2018 SMN2018-00044 NC2018-06471 960 OCEAN DR Sobo USA,LLC 7/26/2018 Dismissed. The$100.00 administrative court cost
fee shall be returned to Petitioner.
03/20/2018 03/26/2018 SMN2018-00045 NC2018-06733 2120 BAY AVE Gregory Mirmelli 8/23/2018 Dismissed. The$100.00 administrative court cost
fee shall be returned to Petitioner.
05/05/2018 05/16/2018 SMN2018-00046 NC2018-07324 800 E E DI LIDO DR Arbor Holdings SM 11/15/2018
05/11/2018 05/15/2018 SMN2018-00047 NC2018-07395 1020 OCEAN DR Clevelander South Beach 9/13/18 Per Department Request,case closed with no fine.
05/19/2018 05/25/2018 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 Twin 918,LLC SM 10/25/2018
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 Twin 918,LLC SM 10/25/2018
05/26/2018 06/01/2018 SMN2018-00050 NC2018-07530 1024 OCEAN DR CUA100 South Beach Associates LLC d/b/a SOCIAL SM 10/25/2018
CAFE
05/29/2018 06/01/2018 SMN2018-00051 NC2018-07581 1100 WEST AVE 1100 West Investments,LLC d/b/a 8/23/2018 Agreed Order. Petitioner shall pay the$1,000 fine
MONDRIAN SOUTH BEACH within 30 days.
06/06/2018 06/15/2018 SMN2018-00052 NC2018-07644 7345 BYRON AVE 3 7345 Byron Avenue LLC _SM 11/15/2018
06/25/2018 07/06/2018 SMN2018-00054 NC2018-07835 1500 BAY RD 8365 Patrick Kennedy SM 10/25/2018
06/28/2018 07/02/2018 SMN2018-00053 NC2018-07850 4780 PINE TREE DR 4 Lorraine Kutner SM 12/13/2018
08/10/2018 08/20/2018 SMN2018-00055 NC2018-08194 928 OCEAN DR Decowalk Hotel&Golf Club d/b/a SM 02/28/2019
VOODOO _
08/10/2018 08/20/2018 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 Twin 918,LLC SM 10/25/2018
08/12/2018 08/20/2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 Twin 918,LLC SM 10/25/2018
09/09/2018 09/28/2018 SMN2018-00058 NC2018-08536 4780 PINE TREE DR Lorraine Kutner SM 01/10/2019