LTC 058-2022 Quarterly Noise Report Q3-2021 - July - September 2021058-2022
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Dr ive, Miami Beach, FL 33 139, www.miamibeachfl.gov
OF FI C E O F THE CI TY MANAGER
NO . LTC # LETTER TO COMMISSION
TO:
FROM :
Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Mana~
DATE : February 10, 2022 lf \ v J
SUBJECT : Quarterly Noise Report Q3-2021 (July -September 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 t he quarterly report 03-2021 (July 1, 2021 -September 31, 2021 ). The data
presented in this L TC is submitted in accordance to the requirements established in the 2008 Noise
Administrative Guidelines , which we re 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 Q3-2021.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Magistrate hearings for Q3-2021.
I. Summary {Quarter Q3-2021)
During Q3-2021 , there were a total of 572 noise cases opened and/or investigated by either Code or
Police. Of these, 72 cases were routed to or addressed by Police during periods that Code does not
operate, 11 cases were entered in error and 7 cases were deemed not applicable to Code.
When the above referenced 90 cases are subtracted from the total number of noise investigations,
the result is 482 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 Compl iance 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 noise was lowered as a direct result of a violation or warning being issued.
During the rating period , compliance was achieved in 433 of the 482 cases handled by Code
resulting in a compliance rate of 89 .8% including the 87 cases achieving compliance by the
issuance of a notice of violation or warning. The remaining 49 cases without compliance were a
result of no access, bad address information, unable to locate or canceled by the complainant prior
to an officer's investigation.
LTC: Q3-2021 Noise Report (July -September 2021)
Page 2 of 3
METHOD OF COMPLIANCE (Q3-2021)
(July-September 2021)
No Noise Upon Music/Noise Not Warning/ After 11PM -Exemption Loud nor Violation Not audible at Arrival Excessive Issued* 100ft. Granted
150 110 87 72 14
*As required by City of Miami Beach Ordinance, Section 46-158 , first v1olat1on w1th1n
a 12-month period is a warn ing .
This quarter continues the trend with loud music as the most common type of noise complaint (360
cases, 74.7%) followed by construction noise (78 cases, 16.2%). As it relates to the day of the
week, Saturday continues to be the day with the highest incidents of noise complaints (134 cases,
27.8%).
The ana lysis for 03-2021 indicates that of the total 482 cases addressed by Code , 263 (55%) were
identified to have taken place in residential properties, 171 (35%) were identified to have taken place
in commercially zoned properties , and 48 (10%) took place within the public right-of-way or on public
property . The chart below illustrates this information .
BREAKDOWN OF TOTAL CASES BY LOCATION TYPE
July-September 2021)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 263 55%
COMMERCIAL 171 35%
OTHER 48 10 %
TOTAL 482 100 %
Attachment A provides details regarding the location of the noise complaint or proactive
assessment , (e .g. apartment, bar, club , condomin ium , 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 03-2021 . 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 (Q3-2021)
(Jul -September 2021
Number of Establishment Number of Average Time for Code
Cases* Type Cases* Officer to Arrive
(h:mm:ss)
Residential 222 0 :21 :42
421 Commercial 164 0:20:05
Other 35 0 :19:50
All Cases 421 0:20:55
*Average Time Calculated using only those cases with valid time
data for both "Time Ca ll Received by Dispatch" and "T ime of Arrival
by Code Officer"
LTC: QJ-2021 Noise Report (July -September 2021 )
Page 3of 3
II. Florida Senate Bill 60
Historically, the third quarter of each calendar year has accounted for the lowest number of noise
related complaints annually, as illustrated below. The third quarter of calendar year 2021 is
following that trend however it is interesting to note that it resulted in 26% fewer cases than the
average of the preceding three years .
CASES HANDLED BY CODE
Calendar Year Q1 Q2 Q3 Q4
2018 1,011 781 618 875
2019 949 667 613 906
2020 1,030 783 725 1,046
2021 1,419 1,199 482 TBD
It is uncertain whether the passing on June 29, 2021 of Florida Senate Bill 60 regarding County and
Municipal Code Enforcement impacted the number of noise related investigations handled by Code
for this quarter or for the future . The bill effectively prohibits code officers from initiating
investigations or enforcement proceedings of potential violations of codes and ordinances by way of
anonymous complaints . A person reporting a potential violation of a code or ordinance must now
provide their name and address before an investigation or enforcement proceeding occurs .
Ill. Special Magistrate Appeal Hearings {QJ-2021)
As required by Chapter 162 of the Florida Statutes, and part of due-process , noise violations are
appealable before a Special Magistrate. Attachment B reflects the resolution and/or status of noise-
related cases appealed as of this reporting period .
During this reporting period there were 54 noise-related cases pending appeal before the Special
Magistrate. Of these, 37 had yet to be heard, 10 related cases are indefinitely continued pending
litigation, four cases were adjudicated guilty and three appeals were withdrawn as it was determined
that the original cases were issued in error.
If you require further information, please contact Hernan D. Cardena, Code Compliance Director at
305 .673 .7077.
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Attachments
Attachment A: Noise Case Data , Q3-2021
Attachment B : Special Magistrate Case Result Summary, Q3-2021
F:ICODE\$ADM\NOISEI Q3-202 1\Q3-2021 Noise Report-2.docx
Noise Data 7/01/2021 -9/30/2021 (Q3-2021)
Total Number of Noise Complaint Cases
Less Voided, Duplicate
Complaints, Complaints Total with Total Cases Opened not Applicable to or Dispositions handled by Code
Compliance
572 90 482
Breakdown of Notices/ Warnings Issued
Verbal 1 1.1%
Written Warning 45 51 .7%
Violation 41 47 .1%
Totals 87 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 263 54 .6%
Commercial 171 35 .5%
Other 48 10 .0%
Totals 482 100%
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 130 27 .0%
BAR 5 1.0%
CLUBS 16 3 .3%
CONDO 64 13.3%
CONDO-HOTEL 20 4.1%
HOME 69 14.3%
OTHER 48 10 .0%
RESTAURANT 92 19.1%
RETAIL 0 0 .0%
HOTEL 38 7 .9%
UNKNOWN 0 0 .0%
Totals 482 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 360 74.7%
LIVE ENTERTAINMENT 7 1.5%
BARKING DOG / ANIMALS 35 7.3%
CROWD NOISE 0 0 .0%
CONSTRUCTION 78 16 .2%
OTHER 2 0.4%
HONKING CARS/ALARMS 0 0 .0%
Totals 482 100%
ATTACHMENT A
Call Time of Day I Day of Week
Day of Week Total 7a -11p
11p • 7a
(of the following morning)
Monday 38 7.9% 30 6 .2% 8 1.7%
Tuesday 36 7.5% 29 6 .0% 7 1.5%
Wednesday 45 9.3% 29 6 .0% 16 3.3%
Thursday 70 14.5% 48 10 .0% 22 4.6%
Friday 80 16 .6% 45 9 .3% 35 7.3%
Sa turday 134 27 .8% 74 15.4% 60 12 .4%
Sunday 79 16.4% 60 12.4% 19 3.9%
Totals 482 100% 315 65 .4% 167 34 .6%
Call Time of Day -Establishment Type
Establishment Type Total 7a -11p
11p • 7a
(of the following morning)
RESIDENTIAL 263 54.564% 167 34 .6% 96 19 .9%
COMMERCIAL 171 35 .477% 109 22.6% 62 12.9%
OTHER 48 9.959% 39 8 .1% 9 1.9%
UNKNOWN 0 0 .000% 0 0 .0% 0 0.0%
Totals 482 100% 315 65.4% 167 34 .6%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice I Warning Issued No Notice Or Warning Issued
Anonymous Complainant 9 1.9% 0 0 .0% 9 1.9%
Anonymous / Conlact made 1 0.2% 0 0 .0% 1 0.2%
Contact Information Provided 457 94.8% 72 14.9% 385 79 .9%
Proacti ve 15 3.1% 15 3.1% 0 0.0%
Un known 0 0.0% 0 0 .0% 0 0.0%
Totals 482 100% 87 18 .0% 395 82 .0%
ATTACHMENT B
Information on Dispos1t1on of Cases by Special Magistrate and by Jud1c1al (Q3-2021)
Date of Request Flied 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 (Indefinite ly
continued pending litigation)
05/19/2018 05/25/20 18 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 TWIN 918 , LLC SM 11/14/2019 (Indefinitely
cont inued pend ing litigation)
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 TWIN 9 18, LLC SM 11/14/2019 (Indefin itely
continued pending litigation)
08/10/2018 08/20/201 8 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 TWIN 918, LLC SM 11/14/2 019 (Indefin itely
continued pending litigation)
08/12/2018 08/20/2 018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 TWIN 9 18, LLC SM 11/14/2019 (Indefinitely
continued pend ing litigation)
03/12/2019 03/18/2019 SMN2019-00070 NC2019-10 539 1330 OCEAN DR C-17 TWIN 9 18 , 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 pend ing litigation)
04/14/2019 04/1 8/2019 SMN2019-00073 NC2019-11 0055 1330 OCEAN DR TWIN 918 , LLC SM 11/14/2019 (Indefinitely
continued pending li tigation)
12/03/2019 12/10/2019 SMN2019-00093 NC2019-13034 1628 COLLINS AVE 9 BEACH LATIN AMERICAN SM 12/10/2020 Pending
LLC rescheduling by SM .
01 /04/2 020 01/17/2020 SMN2020-00095 NC2020-13447 1614 ALTON RD PLAZA CONSTRUCTION SM 07/29/2021 Petitioner not
GROUP FLORIDA LLC present as scheduled . Appeal
denied . Ad jud ica ted of S ixth
Offense with a fine of $5,000 to be
I paid bv 08/30/202 1.
02/28/2020 03/06/2020 SMN2020-00096 NC2020-14137 1000 COLLINS AVE CG FAIRWINDS LLC c/o SM 08/05/2021 Adjud icated of Th ird
RALPH ANDRADE , ESQ Offense with a reduced fine of
$1 ,000 to be pa id by 09/07/2021 .
07/1512020 07/21/2020 SMN2020-00097 NC2020-1 5790 1000 COLLI NS AVE CG FAIRWINDS LLC c/o SM 08/05/2021 Ad jud icated of
RALPH ANDRADE , ESQ Fourth Offense with a reduced fine
of $2,000 to be paid by 09/07/2 021 .
08/08/2020 08/17/2020 SMN2020-00098 NC2020-16032 1743 MICHIGAN AVE 3 STEVEN M . KWARTIN SM 02/24/2022
08/30/2020 08/31/2020 SMN2020-00099 NC2020-1 6231 140 JEFFERSON AVE DENNIS FLANAGN JR SM 12/0 9/2021
14019
09/07/2020 09/17/2020 SMN2020-00100 NC2020-1 5969 1743 MICHIGAN AVE 3 STEVEN M . KWARTIN SM 02/24 /2022
09/07/2020 10/08/2020 SMN2020-00 101 NC2020-16313 5601 COLLINS AVE M-ADAM BORDEN (TENANT ) SM 04/28/2022
12
09/07/2020 10/08/2020 SMN2020-00102 NC2020-16314 5601 COLLINS AVE M-ADAM BORDEN (TENANT) SM 04/28/2022
12
11 /28/2020 12/02/2020 SMN2020-00103 NC2020-17180 551 LINCOLN RD OUNZE CORPORATE LLC SM 12/09/2021
D/B/A TAPELIA
11 /28/2020 12/10/2020 SMN2020-00104 NC2020-17191 1743 MICHIGAN AVE 3 STEVEN M . KWARTIN SM 02/24/2022
11/29/2020 12/09/2020 SMN2020-00105 NC2020-1 7208 1000 COLLINS AVE MLB FAIRWINDS LLC C/O SM 04/08/2021 Pending
THE BERNSTEIN LAW FIRM reschedu li ng by SM .
12/05/2020 12/16/2020 SMN2020-00106 NC2020-17280 1568 DREXEL AVE JOHANN DAL TON SM 10/28/2021
02/07/2021 02/24/2021 SMN2020-00108 NC202 1-1 8450 9 FARREYLN JOANNA T . FERRONE SM 09/08/2021 Violation issued in
error. Case closed .
02/14/2021 02/26/2021 SMN202 1-00109 NC2021-18575 7611 ABBOTT AVE AMIR & VICTORIA RON SM 12/09/2021
02/18/2021 02/26/2021 SMN2021-00110 NC2021-18642 165 N N HIBISCUS DR HMJC Corpora ti on c/o SM 09/09/202 1 Adjudicated of
Bonne t, Camilo Second Offense with a reduced fine
of $500 to be pa id by 9/30/2021 .
02/20/2021 02/25/2021 SMN2021-00111 NC2021 -18688 42 ST AR ISLAND DR LEONARD HOCHSTEIN SM 10/28/2021
03/20/2021 03/25/2021 SMN2021-00113 NC202 1-19230 42 STAR ISLAND DR LEONARD HOCHSTEIN SM 10/28/2021
04/03/2021 04/08/2021 SMN2021-00114 NC 2021 -19462 1255 WEST AVE B IKI NI HOSTEL , INC C/O Pend ing Hearing Da te .
MUSKAT, PHILLIP
04/22/2021 04/23/2021 SMN2021-00115 NC 2021 -198 34 605 LINCOLN RD THE UPPER DECK LLC C/O SM 02/24/2022
800RF CF REGISTERED AGENT ,
INC .
Date of Request Filed Special Master Code Case Address Name Status Violation Case Number Number
04/17/2021 04/27/2021 SMN2021-00116 NC2021-19742 601 WASHINGTON Washington Squared Owner SM 06/1 1/2021 Code cases
AVE LLC dba The Goodtime Hotel administratively closed per Action
c/o Corporation Service Memo dated 4/30 /2021 .
Company
04/24/2021 04/27/2021 SMN2021 -00 117 NC2021 -19871 601 WASHINGTON Washington Squared Owner SM 06/1 1/2021 Code cases
AVE LLC dba The Goodtime Hotel admin is trative ly closed per Action
c/o Corporation Service Memo dated 4/30 /2021 .
Comoanv
05/29/2021 06/04/2021 SMN2021-00 118 NC202 1-20407 601 WASHINGTON Washington Squared Owner SM 12/09/2021
AVE LLC dba The Goodtime Hotel
c/o Corporation Service
Company
05/31 /2021 06/08/2021 SMN2021 -00119 NC2021 -20435 334 JEFFERSON AVE NJA PROPERTY HOLDINGS , SM 04/2812022
LLC c/o LIPPMAN, HARLEY
06105/2021 06/10/2021 SMN2021-00120 NC2021-20507 601 WASHINGTON Wash ington Squared Owner Pending Hearing Date .
AVE LLC dba The Goodtime Hotel
cl o Corporation Service
Comcanv
06 /04/2021 06/1012021 SMN2021-00121 NC2021-20477 601 WASHINGTON WASHINGTON SQUARED SM 01/27/2022
AVE OWNER LLC OBA THE
GOODTIME HOTEL C/O
CORPORATION SERVICE
COMPANY
05/29/2021 06/15/2021 SMN2021 -00122 NC2021 -20410 5225 COLLINS AVE THE ALEXANDER Pending Hearing Date .
CONDOMINUIM
ASSOCIATION INC C/O R.A .
SKRLD INC .
06/1312021 06121 12021 SMN2021-00123 NC2021-20618 1701 COLLINS AVE 1701 MIAMI (OPERATOR) SM 01127 /2022
LLC OBA HYDE BEACH BAR
C/O INTERAMERICAN
CORPORA TE SERVICES
LLC
06 /1812021 06123/2021 SMN2021-00124 NC2021-20680 928 OCEAN DR SHUTTS & BOWEN LLP Pendina Hearina Date .
06/2612021 0710212021 SMN2021-00125 NC2021-20769 601 WASHINGTON Washington Squared Owner Pending Hearing Date .
AVE LLC dba The Goodtime Hotel
cl o Corporation Service
Comcanv
07/04/2021 07/0612021 SMN2021-00126 NC2021-20838 1000 COLLINS AVE MLB FAIRWINDS LLC C/O Pending Hearing Date .
THE BERNSTEIN LAW FIRM
07/09/2021 071141202 1 SMN2021 -00127 NC2021-20879 1906 COLLINS AVE 1906 COLLINS LLC SM 0212412022
07121 12021 071231202 1 SMN2021 -00128 NC2021 -20965 601 WASHINGTON WASHINGTON SQUARED Pending Hearing Date .
AVE OWNER LLC OBA THE
GOODTIME HOTEL C/O
CORPORATION SERVICE
COMPANY
07/11/2021 07/28/2021 SMN2021 -00129 NC2021-20908 660 WASHINGTON ANGLER'S BOUTIQUE Pend ing Hearing Date .
AVE RESORT, LLC C/O
CORPORATION SERVICE
COMPANY
071181202 1 07/2812021 SMN2021-00130 NC2021 -20958 1057 WASHINGTON Twist INC . c/o Ga le Aviation Pending Hearing Date .
AVE Services INC
08/15/2021 08/19/2021 SMN2021-00131 NC2021-21112 1746 MERIDIAN AVE SAXO, LLC . Cl o JOAN Pending Hearing Date .
BENNETT
08/15/2021 08/2012021 SMN2021-00132 NC2021-21111 1532 WASHINGTON EXCHANGE MIAMI LLC C/O Pend ing Hearin g Date .
AVE DOBBS, SHAKI
08/27/2021 08/31 /2021 SMN2021-00133 NC2021-2 11 70 1906 COLLINS AVE 1906 Coll ins LLC d/b/a Vita Pend ing Hearing Date .
Baoli C/O M itchell Seth
Polansky, P .A .
0910512021 09/0812021 SMN2021 -00134 NC202 1-21 2 19 1532 WASHINGTON EXCHANGE MIAMI LLC C/O Pending Hearing Date .
AVE DOBBS SHAKI
09104/2021 09/13/2021 SMN2021 -00135 NC2021-21211 710 WASHINGTON GRUPO COLMENA LLC C/O Pending Hearing Date .
AVE, CU-15 PICHARDO, ZACHARY
09/11/2021 09/1 4/20 21 SMN202 1-00136 NC2021-21254 1532 WASHINGTON EXCHANGE MIAMI LLC C/O Pend ing Hearing Date .
AVE DOBBS , SHAKI
09/04/2021 09/1612021 SMN2021-00137 NC2021-21203 254 PALM AVE Diamond Development, INC Pend ing Hearing Date .
c/o Diamond , Harold A
09/1212021 09/2312021 SMN2021-00138 NC2021-21277 124 COLLINS AVE UNCUT, LLC C/O JACKSON , Pend ing Hearing Date .
KARON C
09/16/2021 09/2312 021 SMN2021-00139 NC2021-21293 124 COLLINS AVE UNCUT, LLC C/O JACKSON, Pend ing Hearing Date .
KARON C