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Biscayne Park code board continues short‑term rental noise case after debate over police report testimony
Summary
The Village of Biscayne Park Code Compliance Board on June 17 continued enforcement proceedings against a short‑term rental at 1121 Griffin Boulevard after members disagreed about whether a police report can be admitted without the arresting officer testifying; the board asked the village attorney to advise before the July 15 hearing.
The Village of Biscayne Park Code Compliance Board voted June 17 to continue enforcement proceedings in case C26‑0255, a noise complaint tied to a short‑term rental at 1121 Griffin Boulevard, after members debated whether a police report alone is admissible without live testimony from the officer.
Doren Grant, the village’s code compliance director, told the board the case involved “unnecessary and excessive noise” and requested an enforcement order and a $2,000 penalty. Board members questioned whether the officer who prepared the police report needed to testify in person or via video so the officer could be cross‑examined.
"If somebody's going to get rung up on a charge like this, then get the officer in here and have him testify," said board member Michael Lat, arguing the board should allow cross‑examination rather than rely solely on the report. Other members said their legal counsel had advised a police report could be admitted and reviewed by the board if members wished to request the officer to appear.
The motion the board adopted — to table the case until the July 15 meeting and request an opinion from the village attorney on whether sworn officer testimony is required — passed 5‑0. The board directed staff to explore options including having the officer appear by video if in‑person attendance is infeasible.
Why it matters: The decision balances residents’ due‑process interests — the board emphasized the right to question witnesses — against staffing and resource constraints cited by staff. The village attorney’s forthcoming written opinion will determine whether the board will expect officer testimony for similar noise enforcement matters going forward.
What’s next: The case will return to the board July 15 with the village attorney’s guidance; if the attorney requires sworn officer testimony, staff said it would attempt to arrange testimony in person or via Zoom. If the attorney allows the police report as evidence without live testimony, the board may proceed with adjudication at that hearing.
