LTC 254-2020 Quarterly Noise Report Q1-2020M IAMI B EACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachíl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 254-2020 LETTER TO C OM M ISSION
TO:
FROM:
' Mayor Dan Gelber and Members f the City/commission
i
Jimmy L. Morales, City Manager ~ -"'
DATE: July 15, 2020
SUBJECT: Quarterly Noise Report Q1-2020January - March 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 Q1-2020 (January 1, 2020 - March 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 Q1-2020.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled
to be heard at Special Master Hearings for Q1-2020.
I. Summary (Quarter Q1-2020)
During Q1-2020, there were a total of 1,195 noise cases opened and/or investigated by either Code
or Police. Of these, 150 cases were routed to or addressed by Police during periods that Code does
not operate, eight cases were entered in error and seven cases were deemed not applicable to
Code.
When the above referenced 165 cases are subtracted from the total number of noise investigations,
the result is 1,030 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.
This determination may be realized because the noise was lowered prior to the CCO's arrival, and
exemption was granted, the noise level was not loud or 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 1,001 of the 1,030 cases handled by Code
resulting in a compliance rate of 97.2% including the 43 cases achieving compliance by the
issuance of a notice of violation or warning.
L TC: Q1-2020 Noise Report (January- March 2020)
Page 2 of 3
METHOD OF COMPLIANCE (01-2020)
(Jan uary - March 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)
440 356 110 43 22 30
This quarter continues the trend with loud music as the most common type of noise complaint (847
cases, 82.2%) followed by construction noise ( 119 cases, 11.6% ). As it relates to the day of the
week, Saturday continues to be the day with the highest incidents of noise complaints (245 cases,
23.8%).
The analysis for Q1-2020 indicates that of the total 1,030 cases addressed by Code, 618 (60.0%)
were identified to have taken place in residential areas, 266 (25.8%) were identified to have taken
place in commercially zoned properties, and 146 (14.2%) took place within the public right-of-way
or on public property. The chart below reflects this information.
BREAKDOW N OF TOTAL CASES BY LOCATION TY PE
(January - March 2020)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 618 60.0%
COMMERCIAL 266 25.8%
OTHER 146 14.2%
TOTAL 1,030 100%
Attachment A provides details regarding the location of the noise complaint or proactive
assessment, (e.g. apartment, bar, club, condom inium , 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 Q1-2020. Respon se time is described as the
period betw een the time the complaint is received by the Parking Department's Dispatcher and
"arrival time" to the location by a CCO.
AVERA GE TIME FOR CODE OFFICER TO AR RIVE (Q1-2020)
(Jan uary - March 2020)
Number of Establishment Number of Average Time for Code
Cases Type Cases Officer to Arrive
(h:mm:ss)
Residential 597 0:21:25
998 Commercial 261 0:26:10
Other 140 0:20:18
All Cases 998 0:22:30
*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"
II. Special Master Appeal Hearings (Q1-2020)
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.
L T C : 0 1-2 0 2 0 N o ise R e p o rt (J a n u a ry - M arch 2 0 2 0)
P a g e 3 o f 3
During the evaluation period there were 25 noise-related cases pending appeal before the special
master. Of these, 13 had yet to be heard and the dispositions of the remaining 12 cases are as
follows:
• Six cases were adjudicated guilty,
• Three cases were settled with an agreed order,
• Two cases were dismissed by the special master, and
• One case was closed by the special master as the business is closed.
If you require further information, please contact Hernan D. Cardena, Code Compliance Director at
305.673.7077.
o«e%e
Attachments
Attachment A: Noise Case Data, Q1-2020
Attachment B: Special Master Case Result Summary, Q1-2020
F:\CO DE\$ADM \NO ISE\Q 1-2020\Q 1-2020 Noise Report - rev2.docx
ATTACHMENT A
Noise Data 01/01/2020 - 3/31/2020 (Q1-2020)
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
1,195 165 1,030
Breakdown of Notices I Warnings Issued
Verbal o 0.0%
Written Warning 39 90.7%
Violation 4 9.3%
Totals 43 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 618 60.0%
Commercial 266 25.8%
Other 146 14.2%
Totals 1,030 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other= Bandshell, Beach, Public Property, ele.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 296 28.7%
BAR 55 5.3%
CLUBS 18 1.7%
CONDO 192 18.6%
CONDO-HOTEL 41 4.0%
HOME 130 12.6%
OTHER 146 14.2%
RESTAURANT 71 6.9%
RETAIL o 0.0%
HOTEL 81 7.9%
UNKNOWN o 0.0%
To tals 1,030 10 0 %
Noise Cases by Noise Type
N o is e T y p e T o ta ls
LOUD MUSIC 847 82.2%
LIVE ENTERTAINMENT 3 0.3%
BARKING DOG / ANIMALS 58 5.6%
CROWD NOISE 1 0.1%
CONSTRUCTION 119 11.6%
OTHER 2 0.2%
HONKING CARS/ALARMS o 0.0%
Totals 1,030 100%
Call Time of Day/ Day of Week
D a y o f W ee k Total 7a- 11p
11p -7a
(of the fo llow ing m orn ing)
M ond a y 10 8 10.5% 78 7.6% 30 2.9%
T uesd a y 97 9.4% 69 6.7% 28 2.7%
W e dn e sda y 10 8 10.5% 66 6.4% 42 4.1%
T h ursda y 12 9 12 .5% 72 7.0% 57 5.5%
Frida y 17 2 16.7% 92 8.9% 80 7.8%
S a turda y 245 23.8% 123 11.9% 122 11.8%
S und a y 17 1 16 .6% 141 13.7% 30 2.9%
Totals 1,03 0 100% 64 1 62.2% 389 37.8%
Call Time of Day - Establishment Type
E s ta b lis h m e nt T y pe T otal 7a - 11p
11p -7a
(of the fo llow ing m orn ing)
R E S ID E N T IA L 618 60.0% 392 38.1% 226 21.9%
C O M M E R C IA L 266 25.8% 143 13.9% 123 11.9%
O T H E R 14 6 14 .2% 106 10.3% 40 3.9%
U N K N O W N o 0.0% o 0.0% o 0.0%
Totals 1,0 3 0 100% 64 1 62.2% 389 37.8%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
C o m p la in a n t T yp e T o tal C ases N o ti ce I W arn ing Issued No Notice I W arn ing Issued
A non ym o us C o m p la ina n t 67 6 65.6% 18 1.7% 658 63.9%
A non ym o us / C o n ta ct m a d e 27 2.6% 4 0.4% 23 2.2%
C ontact In fo rm a tio n Pro vid e d 32 7 31.7% 21 2.0% 306 29.7%
P ro active o 0.0% o 0.0% o 0.0%
U nkn ow n o 0.0% o 0.0% o 0.0%
Totals 1,0 3 0 100% 43 4.2% 987 95.8%
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (01-2020)
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 pendina 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 pendina litiaation)
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 pendina 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 pendina litiaation)
03/12/2019 03/18/2019 SMN2019-00070 NC2019-10539 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued endina litiaation)
03/20/2019 03/26/2019 $MN2019-00072 NC2019-10648 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pending litigation)
03/22/2019 03/26/2019 SMN2019-00074 NC2019-10685 1330 OCEAN DR C-17 TWIN 918, LLC SM 11/14/2019 {Indefinitely
continued pendina litiaation)
04/14/2019 04/18/2019 SMN2019-00073 NC2019-110055 1330 OCEAN DR TWIN 918, LLC SM 11/14/2019 (Indefinitely
continued pendina litiaation)
08/10/2019 08/14/2019 SMN2019-00080 NC2019-11985 1000 COLLINS AVE CG FAIRWINDS LLS SM 02/13/2020 Agreed Order,
petitioner to pay fine of $1,250 within
30 days for this case and SMN2019-
00087
08/10/2019 08/13/2019 SMN2019-00082 NC2019-11993 1542 WASHINGTON AV SOUTH BY SOUTH FOOD SM 02/27/2020 Case Closed.
GROUP LLC Persuant to City's testimony,
business is no longer operating.
08/20/2019 08/22/2019 SMN2019-00083 NC2019-12054 1614 ALTON RD PLAZA CONSTRUCTION CO SM 01/16/2020 The Petitioner's
clo CT CORPORATION request to appeal is DENIED.
SYSTEM Adjudication of noncompliance.
Per the Code Inspector, the fine has
been paid.
09/15/2019 09/24/2019 SMN2019-00085 NC2019-12243 1255 WEST AVE 1247 BAYVIEW SM 01/23/2020 Petitioner's request
DEVELOPMENT to appeal is DENIED. Adjudication of
CORPORATION c/o PHILLIP noncompliance. This is the
MUSKAT, RA Petitioner's first offense which carries
a fine of $250.00 and shall be paid
by 02/24/2020.
D a te o f R e q u e s t F ile d S p e c ia l M a s te r C o d e C a s e A d d re s s N a m e S ta tu s
V io la tio n C a s e N u m b e r N u m b e r
09/22/2019 09/25/2019 SMN2019-00086 NC2019-12305 1000 COLLINS AVE CG FAIRWINDS LLC C/O 2/13/2020 - Agreed Order between
OREN LIEBER ESQ the City of Miami Beach and the
Petitioner was file on February 13,
2020. CASE DISMISSED
09/20/2019 09/25/2019 SMN2019-00087 NC2019-12282 1000 COLLINS AVE CG FAIRWINDS LLC C/O SM 02/13/2020 Agreed Order,
LIEBER, OREN ESQ. petitioner to pay fine of $1,250 within
30 days for this case and SMN2019-
00080
10/08/2019 10/11/2019 SMN2019-00088 NC2019-12436 1614 ALTON ROAD PLAZA CONSTRUCTION SM 01/23/2020 Petitioner's request
GROUP Fl C/O VICTOR to appeal is DENIED. Adjudication of
NIEVES noncompliance. This is the
Petitioner's seventh offense which
carries a fine of $5,000.00, however,
the fine shall be reduced to
$2,500.00 and shall be paid
02/24/2020.
10/12/2019 10/17/2019 SMN2019-00089 NC2019-12464 1000 COLLINS AVE CG FAIRWINDS LLC C/O SM 02/13/2020 Agreed Order filed
LIEBER, OREN ESQ. on February 13, 2020. CASE
DISMISSED
10/14/2019 10/17/2019 SMN2019-00090 NC2019-12480 1000 COLLINS AVE CG FAIRWINDS LLC SM 02/13/2020 Agreed Order filed
on February 13, 2020. CASE
DISMISSED
10/06/2019 10/15/2019 SMN2019-00091 NC2019-12423 1800 SUNSET HARBOUf ROBERT FRIEDMAN SM 02/06/2020 This is the
Petitioner's first offense which carries
a fine of $250.00 and is WAIVED.
10/31/2019 11/04/2019 SMN2019-00092 NC2019-12662 960 OCEAN DRIVE SOBE USA. LLC /b/a SM 02/06/2020 Petitioner's appeal is
OCEANS TEN GRANTED. This case is
DISMISSED.
12/03/2019 12/10/2019 SMN2019-00093 NC2019-13034 1628 COLLINS AVE 9 BEACH LATIN AMERICAN L SM 07/30/2020
12/22/2019 12/31/2019 SMN2019-00094 NC2019-13291 1000 COLLINS AVE CG FAIRWINDS LLC SM 2/13/2020 -- Agreed Order filed
on February 13, 2020. CASE
DISMISSED
01/04/2020 01/17/2020 SMN2020-00095 NC2020-1344 7 1614 ALTON RD PLAZA CONSTRUCTION SM 08/13/2020
GROUP FLORIDA LLC
02/28/2020 03/06/2020 SMN2020-00096 NC2020-14137 1000 COLLINS AVE CG FAIRWINDS LLC C/O TAI SM 08/27/2020
BLUN