LTC 275-2002
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CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. ;2i-5 ...;Joe;;-
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Subject:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \. ~
City Manager G
OPIUM GARDEN NOISE VIOLATIONS
Date: December 12, 2002
To:
From:
For years the City of Miami Beach and surrounding residents have experienced problems
associated with noise emanating from the club now operated as Opium Garden. This
venue previously was operated as Amnesia.
As a result of continuing noise violations and a high level of frustration by residents and the
City with Opium Garden, an Agreement was entered into in mid 2002 that would provide for
permanent resolution of the noise violations. The Agreement with Opium Garden provided
that the owners of the facility would construct a sound barrier (roof) and thereby eliminate
the noise problems for the surrounding residents on a permanent basis.
The date established in the Agreement with the City for compliance for construction of a
noise barrier (roof) was September 1, 2002. This compliance date has come and gone
and the problem has not been resolved and the roof has not been constructed yet.
While there has been some delay in compliance associated with permitting and acoustic
testing of materials to be used, clearly the club owners have been partially at fault. In
addition, since entering into the Agreement there have been several instances of noise
violations that have been cited by the Code Compliance Division.
As a result of the inability of the club owner to complete the improvements promised, the
City is taking a strict posture on the noise violations and noise compliance as we move
forward. At the present time, the City is advancing all of the cited noise violations to the
Special Master so that fines can be levied against the club. The City will consider a
request for license suspension as part of that process. In addition, the City is strictly
enforcing the requirement that a noise monitor from the club be in position to assure that
the club's noise levels are within acceptable limits. Further, in the event that there is a
violation ofthe County's Noise Ordinance, the City will exercise the provision ofthe law that
allows the offending party to be arrested immediately.
The noise enforcement of the City is typically conducted at street level as this is the
location which is readily available to the City for such enforcement efforts. In the event that
affected residents are willing to invite a Code Compliance Officer to one of their units to
listen to noise, we will of course be pleased to accept such invitation. Typically, an
invitation to a residential unit has not been forthcoming as the noise violations occur in the
early hours of the morning.
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The roof construction process appears as if it is once again moving and permits should be
issued in the immediate future in order to allow construction to commence for the more
permanent solution. Pending that construction, the City is taking every step we can to
assure that the quality of life of residents is not adversely affected before the completion of
such construction project.
If you have any questions, please do not hesitate to contact me or Assistant City Manager,
Robert C. Middaugh.
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c: Robert C. Middaugh, Assistant City Manager
Vivian Guzman, Director, Neighborhood Services
AI Childress, Director, Code Compliance