LTC 117-2021 Quarterly Noise Report Q3-2020 (July - September 2020)DocuSign Envelope ID: A1A1592B-B275-4760-96F C-E8 6E3 2FC 5CDE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 117-2021 LETTER TO COMMISSION
TO:
FROM:
DATE:
Mayor Dan Gelber and MembertiOOs~~~ommission
Raul J. Aguila, Interim City Man44Sud. lad.a-
283O6240F92845D ...
March 18, 2021
SUBJECT: Quarterly Noise Report Q3-2020 (July - September 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 Q3-2020 (July 1, 2020 - September 30, 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 Q3-2020.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Master hearings for Q3-2020.
I. Summary (Quarter Q3-2020)
Since the Covid-19 pandemic, Code has been providing information to the residents and business
owners via phone, email, and in person regarding the specifics of the State, County and City Emergency
Orders, how the orders apply to them, and how they can ensure their compliance. During this reporting
period, Code has worked with decreased staffing levels due to the furlough of certain support staff,
mandatory intermittent furloughs for all staff and several employees having to self-quarantine due to
illness or exposure to the virus. While Code has been occupied with education and enforcement of the
Emergency Orders, this quarter resulted in more noise complaints being investigated by Code than any
other third quarter period since the reporting of noise case statistics.
During Q3-2020, there were a total of 875 noise cases opened and/or investigated by either Code or
Police. Of these, 135 cases were routed to or addressed by Police during periods that Code does not
operate, three cases were entered in error and 12 cases were deemed not applicable to Code.
When the above referenced 150 cases are subtracted from the total number of noise investigations,
the result is 725 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 Code 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.
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LTC: Q3-2020 Noise Report (July- September 2020)
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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 675 of the 725 cases handled by Code resulting
in a compliance rate of 93.1 % including the 40 cases achieving compliance by the issuance of a notice
of violation or warning.
METHOD OF COMPLIANCE (Q3-2020)
(July- September 2020)
No Noise Music/Noise After 11PM - Warning/ Exemption Music/Noise lowered
Upon Not Loud nor Not audible Violation Granted prior to Code's arrival
Arrival Excessive at 100ft. Issued (per complainant)
298 275 38 40 18 6
This quarter continues the trend with loud music as the most common type of noise complaint (543
cases, 7 4.9%) followed by construction noise (116 cases, 16.0% ). As it relates to the day of the week,
Saturday continues to be the day with the highest incidents of noise complaints (161 cases, 22.2%).
The analysis for Q3-2020 indicates that of the total 725 cases addressed by Code, 509 (70.2%) were
identified to have taken place in residential properties, 143 (19.7%) were identified to have taken place
in commercially zoned properties, and 73 ( 10.1 %) 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
(July- September 2020)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 509 70.2%
COMMERCIAL 143 19.7%
OTHER 73 10.1%
TOTAL 725 100%
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 Q3-2020. 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 eco.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (Q3-2020)
(Jul - September 2020
Number of Establishment Number of Average Time for Code
Cases Type Cases" Officer to Arrive
(h:mm:ss)
Residential 472 0:22:24
672 Commercial 137 0:11 :43
Other 63 0:16:51
All Cases 672 0:20:25
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"
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L TC: Q3-2020 Noise Report (July- September 2020)
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II. Special Master Appeal Hearings (Q3-2020)
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 17 noise-related cases pending appeal before the Special
Master. Of these, 10 related cases are indefinitely continued pending litigation and seven 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 se
Attachments
Attachment A: Noise Case Data, Q3-2020
Attachment B: Special Master Case Result Summary, Q3-2020
F:ICODE\$ADM\NOISE\Q3-2020\Q3-2020 Noise Report - Final.docx
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ATTACHMENT A
Noise Data 07/01/2020 - 9/30/2020 (Q3-2020)
Total Number of Noise Complaint Cases Opened/Calls
Less Voided, Duplicate
Complaints, Complaints Total with Total Cases Opened not Applicable to or Dispositions handled by Code
Compliance
875 150 725
Breakdown of Notices / Warnings Issued
Verbal o 0.0%
Written Warning 32 80.0%
Violation 8 20.0%
Totals 40 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 509 70.2%
Commercial 143 19.7%
Other 73 10.1%
Totals 725 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshell, Beach, Public Property, etc.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 244 33.7%
BAR o 0.0%
CLUBS o 0.0%
CONDO 131 18.1%
CONDO-HOTEL 28 3.9%
HOME 134 18.5%
OTHER 73 10.1%
RESTAURANT 84 11.6%
RETAIL o O.O%
HOTEL 31 4.3%
UNKNOWN o 0.0%
Totals 725 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 543 74.9%
LIVE ENTERTAINMENT 3 0.4%
BARKING DOG/ ANIMALS 31 4.3%
CROWD NOISE 26 3.6%
CONSTRUCTION 116 16.0%
OTHER 4 0.6%
HONKING CARS/ALARMS 2 0.3%
Totals 725 100%
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Call Time of Day / Day of Week
Day of Week Total 7a-11p 11p-7a
(of the following morning)
Monday 70 9.7% 60 8.3% 10 1.4%
Tuesday 69 9.5% 49 6.8% 20 2.8%
Wednesday 85 11.7% 70 9.7% 15 2.1%
Thursday 105 14.5% 57 7.9% 48 6.6%
Friday 122 16.8% 63 8.7% 59 8.1%
Saturday 161 22.2% 96 13.2% 65 9.0%
Sunday 113 15.6% 94 13.0% 19 2.6%
Totals 725 100% 489 67.4% 236 32.6%
Call Time of Day - Establishment Type
Establishment Type Total 7a-11p 11p-7a
(of the following morning)
RESIDENTIAL 509 70.2% 327 45.1% 182 25.1%
COMMERCIAL 143 19.7% 105 14.5% 38 5.2%
OTHER 73 10.1% 57 7.9% 16 2.2%
UNKNOWN o 0.0% o 0.0% o 0.0%
Totals 725 100% 489 67.4% 236 32.6%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice I Warning Issued No Notice I Warning Issued
Anonymous Complainant 525 72.4% 13 1.8% 512 70.6%
Anonymous / Contact made 39 5.4% 5 0.7% 34 4.7%
Contact Information Provided 154 21.2% 17 2.3% 137 18.9%
Proactive 5 0.7% 5 0.7% o 0.0%
Unknown 2 0.3% o 0.0% 2 0.3%
Totals 725 100% 40 5.5% 685 94.5%
o
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ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (03-2020)
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 SMN20 19-00071 NC2019-10685 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely continued
pending litigation)
04/14/2019 04/18/2019 $MN2019-00073 NC2019-11005€ 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 L SM 07/30/2020 (SM Rescheduling
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 c/o SM 04/15/2021
RALPH ANDRADE, ESQ
07/15/2020 07/21/2020 SMN2020-00097 NC2020-15790 1000 COLLINS AVE CG FAIRWINDS LLC c/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. Pending SM rescheduling
14019
09/07/2020 09/17/2020 SMN2020-00100 NC2020-15969 1743 MICHIGAN AVE 3 STEVEN M. KWARTIN SM 04/08/2021