LTC 175-2021 Quarterly Noise Report Q4-2020 (October - December, 2020)D o c u S ig n E n v e lo p e ID: D 8 C 16 F 1A -E 7 5 5 -4 8D 3 -A 8F 4 -CF 3 8 4 1C 4 C 7 0 C
M IA M I B EA C H
City of Miami Beach. 1700 Convention Center Drive. Miami Beach. FL 33139. www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC#
175-2021
LETTER TO COMMISSION
TO:
FROM:
DATE:
Mayor Dan Gelber and Membeg.Qí.[e, City Commission
Aina T. Hudak., city Maal, lu«a. Hula.
~ 7 AE29EF3401349E ...
April 27, 2021
SUBJECT: Quarterly Noise Report Q4-2020 (October - December 2020)
This Letter to the Mayor and City Commission {L TC) provides noise data and analysis on the Code
Compliance Department's (Code) enforcement efforts regarding the City's noise ordinance. The analysis
includes the quarterly report 04-2020 (October 1, 2020 - December 31, 2020). The data presented in
this L TC 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 information provided in this report is based on the data obtained from Energov, the database utilized
by Code to track all cases, including noise complaints. The report includes the following documentation:
• Attachment A: Detailed data table for all noise cases for Q4-2020.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Master hearings for Q4-2020.
I. Summary (Quarter Q4-2020)
During Q4-2020, there were a total 0f 1,214 noise cases opened and/or investigated by either Code or
Police. Of these, 133 cases were routed to or addressed by Police during periods that Code does not
operate, 19 cases were entered in error, 14 cases were deemed not applicable to Code, and two cases
were created as duplicates.
When the above referenced 168 cases are subtracted from the total number of noise investigations, the
result is 1,046 cases with a disposition. The disposition reflects several possible outcomes including
whether the noise complaint met or failed to meet the violation threshold.
Achieving compliance is a principal goal for the Code Compliance Department as it relates to the city's
noise ordinance. Compliance is determined after assessment of the complaint by the Code Compliance
Officer (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, an
exemption was granted, the noise level was not loud nor excessive, the noise was not audible at 100 feet
after 11PM or the noise was lowered as a direct result of a violation or warning being issued. During the
rating period, compliance was achieved in 984 of the 1,046 cases handled by Code resulting in a
compliance rate of 94.07% including the 94 cases achieving compliance by the issuance of a notice of
violation or warning.
D o cu S ig n E nve lo p e ID : D 8 C 16F 1A -E 7 5 5 -4 8D 3 -A 8F 4 -CF 3 84 1C 4 C 7 0 C
L TC: Q4-2020 Noise Report (October- December 2020)
Page 2 of 3
METHOD OF COMPLIANCE (Q4-2020)
(October - December 2020)
No Noise Music/Noise Warning I After 11PM- Exemption Music/Noise lowered
Upon Not Loud nor Violation Not audible Granted prior to Code's arrival
Arrival Excessive Issued* at 100ft. (per complainant)
419 365 94 74 22 10
As required by City of Miami Beach Ordinance, Section 46-158, first violation within a
12-month period is a warning.
This quarter continues the trend with loud music as the most common type of noise complaint (824 cases,
78.8%) followed by construction noise (140 cases, 13.4%). As it relates to the day of the week, Saturday
continues to be the day with the highest incidents of noise complaints (237 cases, 22.7%).
The analysis for Q4-2020 indicates that of the total 1,046 cases addressed by Code, 655 (62.6%) were
identified to have taken place in residential properties, 268 (25.6%) were identified to have taken place
in commercially zoned properties, and 123 (11.8%) took place within the public right-of-way or on public
property. The chart below reflects this information.
BREAKDOWN OF TOTAL CASES BY LOCATION TYPE
(October -- December 2020)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 655 62.6%
COMMERCIAL 268 25.6%
OTHER 123 11.8%
TOTAL 1,046 100%
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). The attachment also reflects noise cases by time of day and day of week.
Response time can be a crucial element in responding to noise complaints. The table below provides
the response time by establishment type for Q4-2020. 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 ceo.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (04-2020)
(October- December 2020)
Number of Establishment Number of Average Time for Code
Cases* Type Cases* Officer to Arrive
(h:mm:ss)
Residential 618 0:21:45
978 Commercial 246 0:21.39
Other 114 0:22:53
All Cases 978 0:21:51
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"
DocuSign Envelope ID: D8C16F 1A-E755-48D3-A8F4-CF 3841C4C70C
L TC: 04-2020 Noise Repo rt (Octobe r - De cem be r 2020)
Page 3of 3
II. COVID-19 Pandemic
Pursuant to the authority vested to the City Manager under Section 26-31 of the City of Miami Beach
Code of Laws and Ordinances, the City continued working under a State of Emergency and the mandates
of the City's Emergency Measures. During this evaluation period, 23 of the commercial establishments
that received noise violations/warnings resulted in the shutdown of the business for a minimum of 24
hours for violating the then current Emergency Measures prohibiting music above ambient levels.
Ill. Special Master Appeal Hearings (Q4-2020)
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 this reporting period there were 24 noise-related cases pending appeal before the Special Master.
Of these, 10 related cases are indefinitely continued pending litigation and 14 had yet to be heard as no
Special Master cases were heard during this quarter due to the Covid-19 pandemic.
If you require further information, please contact Hernan D. Cardena, Code Compliance Director at EE lk#t rece
Attachments
Attachment A: Noise Case Data, Q4-2020
Attachment B: Special Master Case Result Summary, Q4-2020
F:\CODE\CCA_M ANAGEMENT Quarterly Noise Report\Quarter 4 Oct.-Dec\Q4-2020 Noise Report - Final (rev3).docx
DocuSign Envelope ID: D8C16F 1A-E755-48D3-A8F4-CF3841C4C70C
ATTACHMENT A
Noise Data 10/01/2020 - 12/31/2020 (Q4-2020)
Total Number of Noise Complaint Cases Opened/Calls
Less Voided, Canceled,
Duplicate Complaints, Total with Total Cases Opened Complaints not Dispositions Applicable to or handled
by Code Compliance
1.214 168 1 046
Breakdown of Notices / Warnings Issued
Verbal 3 3.2%
Written Warning 72 76.6%
Violation 19 20.2%
Totals 94 100%
Noise Cases by Type of Establishment
Totals
Establishment Type
Number of Cases
Percentage of All
Cases
Residential 655 62.6%
Commercial 268 25.6%
Other 123 11.8%
Totals 1,046 100%
Residential = Apt, Co ndo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Cond o, Restaurant, Retail, Construction
Other = Bandshell, Beach, Public Property, etc.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 298 28.5%
BAR 8 0.8%
CLUBS 10 1.0%
CONDO 156 14.9%
COND O-HOTEL 24 2.3%
HOME 201 19.2%
OTHER 122 11.7%
RESTAURA NT 177 16.9%
RETAIL o 0.0%
HOTEL 49 4.7%
UNKNOWN 1 0.1%
Totals 1 046 100 %
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 824 78.8%
LIVE ENTERTAINMENT 8 0.8%
BARKING DOG / ANIMA LS 57 5.4%
CROWD NOISE 10 1.0%
CONSTRUCTION 140 13.4%
OTH ER 3 0.3%
HONKING CARS/ALARMS 4 0.4%
Totals 1.046 100 %
DocuSign Envelope ID: D8C16F 1A-E755-48D3-A8F4-CF3841C4C70C
Day of Week Total 7a • 11p 11p- 7a
of the followin momln
79 7.6% 66 6.3% 14 1.3%
103 9.8% 79 7.6% 21 2.0%
111 10.6% 87 8.3% 28 2.7%
139 13.3% 109 10.4% 86 8.2%
196 18.7% 109 10.4% 67 6.4%
237 22.7% 160 15.3% 90 8.6%
181 17.3% 108 10.3% 22 2.1%
a/ o % 718 68.6% 328 31.4%
Call Time of Day - Establishment Type
Establishment Type Total 7a- 11p 11p-7a
(of the followina morina)
RESIDENTIAL 655 62.6% 425 40.6% 230 22.0%
COMMERCIAL 268 25.6% 209 20.0% 59 5.6%
OTHER 123 11.8% 84 8.0% 39 3.7%
UNKNOWN o 0.0% o 0.0% o 0.0%
Totals 1.046 100% 718 68.6% 328 31.4%
Contact Inform ation Provided
Proactive
Unknown
2.1%
0.2% 2 0.2%
218
2
o
20.8%
0.2%
0.0%
Totals 1.046 100% 00 .6
O o cuS ig n E nvelope ID: D 8C 16F 1A -E 7 5 5-4 8D 3-A 8F 4-C F 384 1C4 C 7 0 C
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (04-2020)
Date of Request Filed Special Master Code Case Address Name Status Violation Case Number Number
11/03/2017 11/14/2017 SMN2017-00031 NC2017-04895 1330 OCEAN DR TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
11/04/2017 11/14/2017 SMN2017-00030 NC2017-04988 1330 OCEAN DR TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
05/19/2018 05/25/2018 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
08/10/2018 08/20/2018 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
08/12/2018 08/20/2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 TWIN 918, LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
03/12/2019 03/18/2019 SMN2019-00070 NC2019-10539 1330 OCEAN DR C-17 TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
03/20/2019 03/26/2019 SMN2019-00072 NC2019-10648 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
03/22/2019 03/26/2019 SMN2019-00071 NC2019-10685 1330 OCEAN DR C-17 TWIN 918,LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
04/14/2019 04/18/2019 SMN2019-00073 NC2019-110055 1330 OCEAN DR TWIN 918, LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
12/03/2019 12/10/2019 SMN2019-00093 NC2019-13034 1628 COLLINS AVE 9 BEACH LATIN AMERICAN SM 07/30/2020 (SM Rescheduling
LLC pending)
01/04/2020 01/17/2020 SMN2020-00095 NC2020-13447 1614 ALTON RD PLAZA CONSTRUCTION SM 04/08/2021
GROUP FLORIDA LLC
02/28/2020 03/06/2020 SMN2020-00096 NC2020-14137 1000 COLLINS AVE CG FAIRWINDS LLC e/o SM 04/15/2021
RALPH ANDRADE, ESQ
07/15/2020 07/21/2020 SMN2020-00097 NC2020-15790 1000 COLLINS AVE CG FAIRWINDS LLC e/o SM 04/15/2021
RALPH ANDRADE, ESQ
08/08/2020 08/17/2020 SMN2020-00098 NC2020-16032 1743 MICHIGAN AVE 3 STEVEN M. KWARTIN SM 04/08/2021
08/30/2020 08/31/2020 SMN2020-00099 NC2020-16231 140 JEFFERSON AVE DENNIS FLANAGN JR SM 04/08/2021
14019
09/07/2020 09/17/2020 SMN2020-00100 NC2020-15969 1743 MICHIGAN AVE 3 STEVEN M. KWARTIN SM 04/08/2021
09/07/2020 10/08/2020 SMN2020-00101 NC2020-16313 5601 COLLINS AVE M- ADAM BORDEN (TENANT) SM 04/08/2021
12
09/07/2020 10/08/2020 SMN2020-00102 NC2020-16314 5601 COLLINS AVE M- ADAM BORDEN (TENANT) SM 04/08/2021
12
11/28/2020 12/02/2020 SMN2020-00103 NC2020-17180 551 LINCOLN RD OUNZE CORPORATE LLC SM 04/08/2021
D/B/A TAPELIA
11/28/2020 12/10/2020 SMN2020-00104 NC2020-17191 1743 MICHIGAN AVE 3 STEVEN M. KWARTIN SM 01/28/2021
11/29/2020 12/09/2020 SMN2020-00105 NC2020-17208 1000 COLLINS AVE MLB FAIRWINDS LLC C/O SM 04/08/2021
THE BERNSTEIN LAW FIRM
12/05/2020 12/16/2020 SMN2020-00106 NC2020-17280 1568 DREXEL AVE JOHANN DAL TON SM 01/28/2021
12/05/2020 12/17/2020 SMN2020-00107 NC2020-17292 437 ESPANOLA WAY MANUGIO CORP OBA Boteco SM 02/11/2021
Copacabana CIO Wael, Chaal