LTC 322-2021 Quarterly Noise Report Q1-2021 (January - March 2021)MIAMIBI= r
City of Miomi Beach. 1700 Convention Center Drive . Miami Beach . FL 33139. www.miamibeachfl.gov
OFFIC E OF TH E CITY MANAG ER
NO . LTC # 322-2021
LETT ER TO COMM ISSION
TO:
FROM:
Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manage r ~ ~--A, V
August 3, 2021 DATE:
SUBJEC T: Quarterly Noise Report Q1-2021 (January-March 2021)
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 Q1-2021 (January 1, 2021 -March 31 , 2021). 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 Q1-2021 .
• Attachment B: Dispos ition of noise cases presented to , filed for appeal, or scheduled to be
heard at Special Master hearings for Q1-2021 .
I. Summary (Quarter Q1-2021)
During Q1-2021 , there were a total of 1,694 noise cases opened and/or investigated by either Code or
Police . Of these, 255 cases were routed to or addressed by Police during periods that Code does not
operate , seven cases were entered in error, six cases were deemed not applicable to Code, and seven
cases were created as duplicates .
When the above referenced 275 cases are subtracted from the total number of noise investigations , the
result is 1,419 cases with a disposition . The disposition reflects several possible outcomes including
whether the noise comp laint 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 11 PM or the no ise was lowered as a direct result of a violation or warning being issued. During the
rating period , compliance was achieved in 1 ,317 of the 1,419 cases handled by Code resulting in a
compliance rate of 92.8% including the 170 cases achieving compliance by the issuance of a notice of
violation or warning.
LTC: Q1-2021 Noise Report (January -March 202 1)
Page 2 of 3
METHOD OF COMPLIANCE (Q1-2021)
(January -March 202 1)
No No ise Music/No ise Warning I After 11 PM -Exemption Music/Noise lowered
Upon Not Loud nor Violation Not audible Granted prior to Code 's arrival
Arrival Excessive Issued* at 100ft. (per complainant)
590 333 170 193 25 6
*As required by City of Miami Beach Ordinance, Section 46-158 , firs t violation with in a
12-month period is a warn ing .
This quarter continues the trend with loud music as the most common type of noise complaint (1 ,170
cases, 82 .5%) followed by construction noise (182 cases, 12 .8%). As it relates to the day of the week,
Saturday continues to be the day with the highest incidents of noise complaints (327 cases, 23% ).
The analysis for Q1 -2021 indicates that of the total 1,419 cases addressed by Code, 823 (58%) were
identified to have taken place in residential properties , 394 (27.8%) were identified to have taken place
in commercially zoned properties , and 202 ( 14 .2%) took place within the public right-of-way or on public
property. The chart below illustrates this information .
BREAKDOWN OF TOT AL CASES BY LOCATION TYPE
(January -Marc h 2021)
Number of Percentage of Cases
Cases Handled by Code
RESIDENT IAL 823 58.0%
COMMERCIAL 394 27.8%
OTHER 202 14 .2%
T OT AL 1,419 100 %
Attachment A provides deta ils regarding the location of the no ise comp laint or proactive assessment ,
(e .g. apartment, bar, club, condominium , etc.), as well as noise type (e .g. loud music, construction , no ise ,
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 compla ints . The table below provides
the response time by establishment type for Q1-2021 . 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.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (Q1 -202 1)
/Januarv-March 2021)
Number of Establishment Number of Average Time for Code
Cases* Type Cases* Officer to Arrive
(h:mm:ss)
Residential 693 0:27 :28
1,217 Commercial 350 0:24 :04
Other 174 0 :23 :00
A ll Cases 1,2 17 0:25:51
*Average Time Calculated using only those cases with valid time
data for both "Time Call Received by Dispatch " and "T ime of Arrival
by Code Officer"
LTC: Qt-2021 Noise Report (January-March 2021)
Page 3 of 3
11. 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, 10 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 (Q1-2021)
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 30 noise-related cases pending appeal before the Special Master.
Of these, 10 related cases are indefinitely continued pending litigation and 19 had yet to be heard and
one appeal was withdrawn as it was determined that the original case was issued in error.
If you require further information, please contact Hernan D. Cardeno, Code Compliance Director at
305.673 . 7077.
ATH/EC/~fTC
Attachments
Attachment A: Noise Case Data, 01-2021
Attachment B: Special Master Case Result Summary, 01-2021
F:\COOE\CCA_MANAGEMENT\Quarterl y No ise Report\Quarter 1 Jan-Mar 202 110 1-202 1 No ise Report -FINAL-2.docx
ATTACHMENT A
Noise Data 1/01/2021 -3/31/2021 (Q1-2021)
Total Number of Noise Complaint Cases Opened/Calls
Less Voided, Canceled,
Duplicate Complaints,
Total Cases Opened Complaints not Total with Dispositions Applicable to or
handled by Code
Compliance
1,694 275 1,419
Breakdown of Notices/ Warnings Issued
Verbal 39 22 .9%
Written Warning 90 52 .9%
Violation 41 24 .1%
Totals 170 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All Cases
Residential 823 58 .0%
Commercial 394 27 .8%
Other 202 14 .2%
Totals 1,419 100%
Residential = Apt, Condo, Single Fam#y
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshe/1, Beach, Public Property, etc.
Totals
Establishment Type Number of Cases Percentage of All Cases
APT 361 25 .4%
BAR 20 1.4%
CLUBS 10 0 .7%
CONDO 215 15.2%
CONDO-HOTEL 43 3.0%
HOME 247 17.4%
OTHER 202 14 .2%
RESTAURANT 174 12 .3%
RETAIL 0 0 .0%
HOTEL 147 10.4%
UNKNOWN 0 0 .0%
Totals 1,419 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 1170 82 .5%
LIVE EN TERTAINMENT 7 0 .5%
BARKING DOG / ANIMALS 55 3 .9%
CROWD NO ISE 3 0 .2%
CONSTRUCTION 182 12.8%
OTHER 0 0 .0%
HONKING CARS/ALARMS 2 0.1%
Totals 1,419 100%
Call Time of Day / Day of Week
Day of Week Total 7a • 11p
11p • 7a
(of the following morning)
Monday 130 9 .2% 92 6.5% 40 2.8%
Tuesday 130 9.2 % 79 5.6% 47 3.3%
Wednesday 153 10.8% 96 6.8% 60 4.2%
Thursday 167 11 .8% 103 7.3% 93 6.6%
Friday 225 15 .9% 127 8 .9% 106 7.5%
Saturday 327 23 .0% 213 15 .0% 136 9.6%
Sunday 287 20 .2% 178 12 .5% 49 3.5%
Totals 1,419 100% 888 62 .6% 531 37 .4%
Call Time of Day -Establishment Type
Establishment Type Total 7a -11p 11p -7a
(of the following morning)
RESIDENTIAL 823 58.0% 477 33 .6% 346 24 .4%
COMMERCIAL 394 27 .8% 259 18.3% 135 9.5%
OTHER 202 14 .2% 152 10.7% 50 3 .5%
UNKNOWN 0 0 .0% 0 0 .0% 0 0 .0%
Totals 1,419 100% 888 62 .6% 531 37 .4%
Breakdown of Calls w ith Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice I Warning No Notice / Warning Issued Issued
Anonymous Complainant 963 67 .9% 71 5 .0% 892 62 .9%
Anonymous / Contact made 53 3.7% 18 1.3% 35 2.5%
Contact Information Provided 357 25 .2% 38 2.7% 319 22 .5%
Proactive 46 3.2% 43 3.0% 3 0.2%
Unknown 0 0.0% 0 0.0% 0 0 .0%
Totals 1,419 100% 170 12 .0% 1,249 88.0%
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (01-2021)
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 liti gation )
11 /04/2 017 11 /14/2017 SMN20 17-00030 NC20 17-04988 1330 OCEAN DR TWIN 918 , LLC SM 11/14/2019 (Indefin itely continued
pend ing li tigati on )
05/1 9/2018 05/25/20 18 SMN20 18-00048 NC20 18-07459 1330 OCEAN DR C-17 TWIN 9 18 , LLC SM 11/14/2019 (Ind efi nit ely continued
pending litigation )
05/20/2018 05/25/2018 SMN20 18-0 0049 NC20 18-07467 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/20 19 {Indefin itely continued
pending liti ga ti on )
08/10/2018 08/20 /20 18 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 TWIN 9 18, LLC SM 11/14/2019 {In de finitely continued
pend ing liti gation)
08/12/2018 08/20 /2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-5 1 TWIN 918 , LLC SM 11/14/20 19 {Indefinitely continued
pend ing liti gat ion )
03 /12/20 19 03/1 8/2019 SMN2019-00070 NC2019-1 0539 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 /14/2 01 g (Indefi nite ly continued
pend ing litigati on )
03/22/2019 03/26/2019 SMN2019-00071 NC2019-10685 1330 OCEAN DR C-17 TWIN 918 , LLC SM 11 /14/2019 {In defi nitely continued
pend in g litigation)
04/14/2019 04/18/20 19 SMN20 19-00073 NC2019-110055 1330 OCEAN DR TWIN 918 , LLC SM 11/14/20 19 (In defi nitely continued
pendi ng liti ga ti on)
12/03/2019 12/10/20 19 SMN201 g-00093 NC2019-13034 1628 COLLI NS AVE 9 BEACH LATIN AMER ICAN SM 07/30/2020
LLC
01/04/2020 01/17/2020 SMN2020-00095 NC2020-1344 7 16 14 ALT ON RD PLAZA CONSTRUCTI ON SM 07/29/2021
GROUP FLORIDA LLC
02/28/2020 03/06/2020 SMN 2020-00096 NC2020-14137 1000 COLLINS AVE CG FAIRWINDS LLC c/o SM 08/05/2021
RALPH ANDRADE , ESQ
07 /15/2020 07/21/2020 SMN2020-00097 NC2020-15790 1000 COLLINS AVE CG FAIRWINDS LLC c/o SM 08/05/2021
RALPH ANDRADE , ESQ
08/08/2020 08/17/2020 SMN2020-00098 NC2020-16032 1743 MICHIGAN AVE 3 STEVEN M . KWARTIN SM 07/29/202 1
08/3 0/2020 08/31 /2020 SMN2020-00099 NC2020-162 31 140 JEFFERSON AVE DENNIS FLANAGN JR. SM 04/08/2021
14019
09/07/2020 09/17/2020 SMN2020-0 0 100 NC2020-15969 1743 M ICH IG AN AVE 3 STEVEN M. KWARTIN SM 07 /29/202 1
09/07/2020 10/08/2 020 SMN2020-00101 NC2020-16313 5601 COLLINS AVE M-ADAM BORDEN (TENANT) SM 04/08/2021
12
09/07/2020 10/08/2020 SMN2020-00 102 NC2020-16314 560 1 COLLINS AVE M-ADAM BORDEN (TENANT} SM 04/08/2021
12
11/28/202 0 12/02/2020 SMN2020-001 03 NC2020-17180 55 1 LINCOLN RD OUNZE CORPORATE LLC SM 04/08/2 02 1
D/B/A TAPELIA
11/28/2 020 12/10/2020 SMN2020-00104 NC2020-17 191 1743 MICHIGAN AVE 3 STEVEN M. KWARTIN SM 07 /29/2021
11/29/202 0 12/09/2020 SMN2020 -00105 NC2020-17208 1000 COLLIN S AVE MLB FAIRWINDS LLC C/O SM 04/08/2021
THE BERNSTE IN LAW FIRM
12/05/2020 12/16/2020 SMN2020-00 106 NC2020-17280 1568 DREXEL AVE JOHANN DAL TON SM 07/29/2021
12/05/2020 12/17/2020 SMN2020-00107 NC2020-17292 437 ESPANOLA WAY MANUG IO CORP DBA Boteco SM 05/1 3/2021
Copacabana C/O Wael , Chaa l
02/07/2 021 02/24/202 1 SMN2020-00 108 NC202 1-1 8450 9 FARREY LN JOANNA T . FERRONE SM Hearinq Da te T BD
02/14/2021 02/26/202 1 SMN2021-00 109 NC202 1-1 8575 76 11 ABBOTT AVE AMIR & VICTORIA RON SM Hearinq Da te T BD
02/18/2021 02/26/202 1 SMN202 1-00110 NC202 1-18642 165 N N HIBISCUS DR HMJC Corpo rati on c/o Bonnet, SM Hearing Da te TBD
Cam il o
02 /20/2021 02/25/2021 SMN2021 -001 11 NC2021-18688 42 STAR ISLAND DR LEONARD HOCHSTEIN SM Hearina Da te TBD
03/14/2021 03/16/2021 SMN202 1-001 12 NC202 1-19103 928 OCEAN DR Deco Walk Hotel & Golf Club , Appea l withdrawn . Original violation
LLC dba Voodoo Roofto p iss ued in error.
Lounge & Hookah c/o Calara ,
Mandv
03/2 0/2021 03/25/2021 SMN202 1-00113 NC2021-19230 42 STAR ISLAND DR LEONARD HOCHSTEIN SM Hearinq Da te TBD