LTC 229-2003
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CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. :::?2 9~ 2t!JO?
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To:
Mayor David Dermer and Date: September 26, 2003
Members of the City Commission
Jorge M. GOnZale:A -./
City Manager Iv"./ I
COMMUNITY RKSHOP TO DISCUSS THE CITY'S NOISE POLICY
From:
Subject:
This memorandum is to inform you that the Administration has scheduled a community
workshop to discuss the City's proposed noise policy.
The workshop is scheduled for Wednesday, October 1,2003,5:30 PM, in the Commission
Chambers. As you know, this has been a pressing quality of life issue for our residents.
The proposed policy has been discussed at both the Neighborhoods Committee as well as
Nite Life Advisory Task Force. The meeting has been properly advertised and the residents
and business community have been notified.
I have attached a copy of the draft policy for review. Should you have any additional
questions or concerns, please do not hesitate to contact my office.
Attachment
JMG\RCM\iG
c: Executive Staff and Department Directors
"
PROCEDURAL POLICY FOR NOISE VIOLATION ENFORCEMENT
ENFORCEMENT AGENCY AND AUTHORITY
The principal enforcement agency of the City will be the Code Compliance Division of the
Neighborhood Services Department. As needed, the Code Compliance Division will be
supported and assisted by the Police Department on a requested basis in the enforcement of the
principal means of noise control which is Miami-Dade County Code Section 21-28.
ENFORCEMENT EXPECTATIONS
At the time of complaint response and/or a proactive visit by a Code Enforcement Official
immediate compliance on site is expected and a Notice of Violation shall be issued by the Code
Enforcement Official.
VIOLATION ENFORCEMENT HIERARCHY
In any consecutive ninety (90) day period, any business or property owner which is issued three
(3) Notices of Violation will, upon issuance of the third notice of violation, be immediately
referred to the Special Master for a hearing and imposition of an appropriate fine as determined
by the Special Master. At the time of appearance before the Special Master, all three Notices of
Violation will be presented for adjudication before the Special Master and a request for a
judgment will be made on behalf of the Administration for each of the three Notices of
Violation. The ninety (90) day period of time will commence for any business or property owner
at the instance of a first Notice of Violation. If there is a second Notice of Violation issued to a
business or property owner within a seven (7) day period, at any time during noise violation
enforcement actions, a Notice of Violation will be issued by a Code Enforcement Officer and an
arrest will be made by the Police Department pursuant to Section 21-28 of the Miami-Dade
County Code.
In the event that a continuance for a hearing before the Special Master is granted, concurrent
with the continuance the Special Master shall enter an order directing the business or property
owner in question to take all necessary actions, which may include the cessation of the noise
producing activity, to mitigate the noise at the property during such continuance and until such
time as the matter is heard by the Special Master. Failure of a business or property owner to
abide by the terms of the order imposed by the Special Master will be cause for immediate
suspension of the business or property owner's occupational license, pending a formal hearing by
the City Manager or his designee.
In the ninety (90) day period following issuance of the third notice of violation, any business or
property owner that is issued a fourth notice of violation shall immediately be noticed for an
Occupational License suspension and or revocation hearing which shall be duly noticed and
adjudicated by the City Manager's designee. The Occupational License suspension and or
revocation hearing process shall be commenced immediately upon issuance of the fourth notice
of violation whether or not the matter has been heard before the Special Master.
;
In the 90 day period following a fourth Notice of Violation, any business or property owner
which is issued a fifth Notice of Violation will immediately have their Occupational License
suspended pending a suspension and/or revocation hearing by the City Manager's designee who
shall enter judgment in such case.
After a first Notice of Violation to any business or property owner is issued, in the event a third
Notice of Violation is not issued within the ninety (90) day time period, the ninety (90) day time
period shall run from the second violation if such is issued. The effect of this provision is that
there will be a rolling or perpetual ninety (90) day time line from the time of a last or most recent
Notice of Violation issued to any business or property owner.
Notwithstanding any of the provisions herein noted, the Administration and the Code
Enforcement Division retain the right to alter the enforcement pattern or procedure to address
specific situations or cases that either due to their egregious nature or repetitive nature requires
different approaches or more stringent enforcement than herein noted. In the exercise of
enforcement procedures other than as stipulated in this policy, The City Manger reserves the
right to proceed directly to an immediate occupational license suspension, the initiation of an
occupational license suspension or revocation hearing or arrest as facts in any specific situation
may warrant.
SPECIAL MASTER APPEARANCES
The Office of the City Clerk supported by the appropriate enforcement agencies shall make any
Special Master hearing a case aware of enforcement actions undertaken by other divisions of the
City, which shall include but not be limited to the Fire Department and Building Inspection
Department. This coordination of information will allow the respective Special Master to be
aware of all enforcement actions undertaken against a specific property in the community even
though they may have been heard by a different Special Master at a different time. This
procedure will allow the current Special Master a full view or picture of the enforcement activity
associated with any specific property and to render judgments based on the totality of
enforcement actions for any subject property.
PROCEDURAL POLICY FOR NOISE VIOLA nON ENFORCEMENT2