LTC 337--2019 Quarterly Noise Report Q4-2018 (October - December 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 # 337-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City C mission
FROM: Jimmy L. Morales, City Manager •
( ��
DATE: June 4, 2019
SUBJECT: Quarterly Noise Report Q4-2018 (0 tober— December 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 October 1, 2018 through December 31, 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 Q4-2018.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled
to be heard at Special Master Hearings for Q4-2018.
I. Summary
During Q4-2018, there were a total of 1,089 noise cases opened and/or investigated by either Code
or Police. Of these, 185 cases were routed to Police during periods that Code does not operate, 18
cases were canceled by the complainant prior to the code compliance officer's arrival, seven cases
were deemed not applicable to Code and four were duplicate cases entered in error. When these
214 cases are subtracted from the total number of noise investigations, the result is 875 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.
Achieving compliance is a principal goal for Code as it relates to the city's noise ordinance.
Compliance is determined after assessment of the complaint by the CCO and it is established that
the reported 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. During the rating
period, compliance was achieved in 845 of the 875 cases handled by Code resulting in a
compliance rate of 96.6% including the 81 cases achieving compliance by the issuance of a notice
of violation or warning.
LTC: Q4-2018 Noise Report(October—December 2018)
Page 2 of 3
METHOD OF COMPLIANCE
No Noise Music/Noise After 11 PM- Written Exemption Music/Noise
Upon Arrival Not Loud nor Not audible Warning/ Granted lowered prior to
Excessive at 100ft. Violation Issued Code's arrival
(per complainant)
360 227 130 81 16 31
This quarter continues the trend with loud music as the most common type of noise complaint (689
cases, 78.7%) followed by construction-related noise (125 cases, 14.3%). As it relates to day of
the week, Saturday continues to be the day with the highest incidents of noise complaints (207
cases, 23.7%).
The analysis for Q4-2018 indicates that of the total 875 cases addressed by Code, 512 (58.5%)
were identified to have taken place in residential areas; 252 (28.8%) were identified to have taken
place in commercially zoned properties, and 111 (12.7%) 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 512 58.5%
COMMERCIAL 252 28.8%
OTHER 111 12.7%
TOTAL 875 100%
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 Q4-2018. 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.
RESPONSE TIME (Q4-2018)
Number of Establishment Number of Average Time for
Cases* Type Cases* Code Officer to
Arrive
Residential 500 0:25:05
852 Commercial 244 0:20:11
Other 108 0:21:46
All Cases 852 0:23:16
*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: Q4-2018 Noise Report(October—December 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 21 noise-related cases pending appeal before the special
master. Of these, 17 had yet to be heard and the dispositions of the remaining four cases are as
follows:
• two cases were dismissed by the special master
• one case was settled under an agreed order
• one case was adjudicated guilty
Ill. Conclusion
If you require further information, please contact Hernan D. Cardeno, Code Compliance Director at
305.673.7077.
JLM/SMT/k/SKS/rfm
Attachments
Attachment A: Noise Case Data, Q4-2018
Attachment B: Special Master Case Result Summary, Q4-2018
F\CODE\$ADM\NOISE\Q4-2018\Q4-2018 Noise LTC(5-2019).docx
ATTACHMENT A
Noise Data 09/01/2018 - 12/31/2018 (Q4-2018)
Total Number of Noise Complaint Cases Opened/Calls Received
Less Voided,Canceled,Duplicate
Complaints,Complaints not
Total Cases Opened Applicable to or handled by Code Total with Dispositions
Compliance
1 089 214 875
Breakdown of Notices /Warnings Issued
Verbal 1 1.2%
Written Warning 59 72.8%
Violation 21 25.9%
Totals 81 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Percentage of All
Number of Cases
Cases
Residential 512 58.5%
Commercial 252 28.8%
Other 111 12.7%
Totals 875 100%
Residential=Apt, Condo, Single Family
Commercial=Bar, Club,Hotel,Hotel-Condo,Restaurant,Retail,Construction
Other=Bandshell,Beach,Public Property,etc.
Totals
Establishment Type Percentage of All
Number of Cases
Cases
APT 216 24.7%
BAR 25 2.9%
CLUBS 33 3.8%
CONDO 149 17.0%
CONDO-HOTEL 25 2.9%
HOME 147 16.8%
OTHER 111 12.7%
RESTAURANT 77 8.8%
RETAIL 2 0.2%
HOTEL 90 10.3%
UNKNOWN 0 0.0%
Totals 875 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 689 78.7%
LIVE ENTERTAINMENT 6 0.7%
BARKING DOG/ANIMALS 50 5.7%
CROWD NOISE 0 0.0%
CONSTRUCTION 125 14.3%
OTHER 4 0.5%
HONKING CARS/ALARMS 1 0.1%
Totals 875 100%
Call Time of Day I Day of Week
11p-7a
Day of Week Total 7a-11p (of the following morning)
Monday 127 14.5% 69 7.9% 58 6.6%
Tuesday 95 10.9% 67 7.7% 28 3.2%
Wednesday 76 8.7% 50 5.7% 26 3.0%
Thursday 104 11.9% 63 7.2% 41 4.7%
Friday 154 17.6% 67 7.7% 87 9.9%
Saturday 207 23.7% 100 11.4% 107 12.2%
Sunday 112 12.8% 93 10.6% 19 2.2%
Totals 875 100% 509 58.2% 366 41.8%
Call Time of Day - Establishment Type
Establishment Type Total 7a-11p 11p-7a
(of the following morning)
RESIDENTIAL 512 58.5% 308 35.2% 204 23.3%
COMMERCIAL 252 28.8% 133 15.2% 119 13.6%
OTHER 111 _ 12.7% 68 7.8% 43 4.9%
UNKNOWN 0 0.0% 0 0.0% 0 0.0%
Totals 875 100% 509 58.2% 366 41.8%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice/Warning Issued No Notice/Warning Issued
Anonymous Complainant 512 58.5% 28 3.2% 484 55.3%
Anonymous/Contact made 43 4.9% 15 1.7% 28 3.2%
Contact Information Provided 300 34.3% 37 4.2% 263 30.1%
Proactive 1 0.1% 0 0.0% 1 0.1%
Unknown 19 2.2% 1 0.1% 18 2.1%
Totals 875 100% 81 9.3% 794 90.7%
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (Q4-2018)
Date of Violation Request Filed Special Master Case Code Case Number Address Name Status
Number
11/03/2017 11/14/2017 SMN2017-00031 NC2017-04895 1330 OCEAN DR Twin 918,LLC SM 2/28/19 for Progress Report
11/04/2017 11/14/2017 SMN2017-00030 NC2017-04988 1330 OCEAN DR Twin 918,LLC SM 2/28/19 for Progress Report
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.
05/05/2018 05/16/2018 SMN2018-00046 NC2018-07324 800 E E DI LIDO DR Arbor Holdings SM 02/28/19
05/19/2018 05/25/2018 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 Twin 918,LLC SM 2/28/19 for Progress Report
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 Twin 918,LLC SM 2/28/19 for Progress Report
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 Appeal granted. Case Dismissed.
CAFE
06/06/2018 06/15/2018 SMN2018-00052 NC2018-07644 7345 BYRON AVE 3 7345 Byron Avenue LLC SM 4/25/2019
06/25/2018 07/06/2018 SMN2018-00054 NC2018-07835 1500 BAY RD 836S Patrick Kennedy SM 12/17/2018 Adjudicated of First Offense;$250 shall be
paid by 01/14/19.
06/28/2018 07/02/2018 SMN2018-00053 NC2018-07850 4780 PINE TREE DR 4 Lorraine Kutner SM 12/13/2018 Appeal granted. Case Dismissed.
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 2/28/19 for Progress Report
08/12/2018 08/20/2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 Twin 918,LLC SM 2/28/19 for Progress Report
09/09/2018 09/28/2018 SMN2018-00058 NC2018-08536 4780 PINE TREE DR Lorraine Kutner SM 01/10/2019
10/29/2018 11/30/2018 SMN2018-00061 NC2018-08882 720 OCEAN DR 720 OCEAN DRIVE LLC d/b/a THE SM 4/25/2019
PLACE
11/18/2018 11/26/2018 SMN2018-00059 NC2018-09078 235 23 ST MOKAI LOUNGE LLC SM 06/13/2019
11/19/2018 11/30/2018 SMN2018-00063 NC2018-09098 551 LINCOLN RD ROW OUNZE CORPORATE LLC d/b/a SM 06/13/2019
TAPELIA
11/24/2018 11/30/2018 SMN2018-00062 NC2018-09160 860 OCEAN DR 860 OCEAN DRIVE LLC SM 06/13/2019
11/25/2018 11/26/2018 SMN2018-00060 NC2018-09163 235 23 ST MOKAI LOUNGE LLC SM 06/13/2019
11/29/2018 11/30/2018 SMN2018-00064 NC2018-09208 551 LINCOLN RD Ounze Corporate LLC SM 06/13/2019
12/07/2018 12/12/2018 SMN2018-00065 NC2018-09330 336 21 ST Plymouth Hotel SM 02/09/2019