NEW Legal Issues Paper Published: Noise

F.A.C.E. is excited to announce the third paper to be published in the Code Enforcement Legal Issues Journal as "Noise in the City of Miami Beach: Historical Analysis, Legal Defensibility, and Emerging Issues"  by Robert Santos-Alborna.  The Code Enforcement Legal Issues Journal was created by F.A.C.E. in 2016 to showcase the talent and professionalism of our members and to provide a reference for other members who wish to obtain their Code Enforcement Professional (CEP) designation.  CEP is the highest designation that a code enforcement officer can achieve in the State of Florida.  To become a CEP, officers must submit a Legal Issues Paper that discusses a conflict important to the code enforcement profession.  There have been many Legal Issues Papers submitted over the years, some of which exemplify the professionalism of our members and some of which provide an interesting historical reference or perspective.  The best papers are chosen for publication by a three person committee.

Please take a moment to review the paper and to join us in congratulating Mr. Sanots-Alborna for achieving this highest honor.  Mr. Santos-Alborna, we THANK YOU for your contributions to Code Enforcement.

The Full Paper and previously published papers can be found in the Legal Issues Journal under the Education Tab on the F.A.C.E. website.

Excerpt:  In the City of Miami Beach, as may be the case in other metropolitan cities in the State of Florida and the U.S., noise is a challenging issue that impacts both residents and businesses alike. While some residents assert that Code's noise validity rates are unacceptably low, paradoxically, business owners and operators in the entertainment and hospitality industries believe that the City of Miami Beach issues far too many noise violations and is not business friendly.

This analysis will address this apparent paradox and will provide historical data including noise-related trends, patterns, and other relevant noise-related information within the City of Miami Beach. The analysis will also seek to identify emerging issues that other municipalities may be experiencing, including the incorporation of technology to the code enforcement process. Lastly, the analysis will evaluate the current municipal ordinance at the City of Miami Beach to ensure legal defensibility and explore options regarding the incorporation of technology in the noise assessment practice.

This topic and experience gained by Miami Beach in addressing noise may be of value to other municipalities in the State of Florida as they may be experiencing similar challenges: whether dealing with a demanding business industry whose interest is in direct conflict with that of area residents, or developing processes to allow for input from area residents, businesses and other stakeholders, or the inclusion of technology into Code's day-to-day activities. In that vein, the City of Miami Beach provides a petri-dish to other Code Enforcement agencies to assess and learn from, as it attempts to reconcile all the aforementioned interests while increasing transparency, improving service delivery, and enhancing the public trust in local government.

 


<Posted: August 21, 2017>

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