HomeMy WebLinkAboutItem 5 - A7077- Gutowski PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: January 24, 2024
SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A7707 AND
ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE
PROPERTY LOCATED AT 1122 E. VIA SAN MICHAEL, PALM SPRINGS,
CALIFORNIA.
BY: Department of Special Program Compliance
SUMMARY
Eva Gutowski has requested an appeal of administrative citation A7707 issued in the
amount of $500 and two (2) year suspension of the Vacation Rental Registration
Certificate #5311 for the property located at 1122 E. Via San Michael, Palm Springs,
California.
RECOMMENDATION:
1)Open the Appeal Hearing and accept public testimony.
2)Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF EVA GUTOWSKI FOR THE PROPERTY LOCATED AT 1122 E. VIA
SAN MICHAEL, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION A7707 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR
SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #5311
Background
The property located at 1122 E. Via San Michael, Palm Springs, California is currently
registered as a Vacation Rental with Vacation Rental Registration Certificate #5311. The
start date was January 4, 2023. Vacation Rental Ordinance 1918 was in effect April 2017
and later amended and reinstated in November 2022 with Ordinance 2075. The previous
and current Vacation Rental Ordinance details rules that guests renting a Vacation Rental
for a period of 28 consecutive days or less must follow; Regulations that owners must
follow relating to each stay that is 28 consecutive days or less and that upon the third
violation in any twelve-month period, the City Manager shall suspend the Vacation
Registration Certificate for two (2) years.
Item 5 - Page 1
Administrative Appeals Board Staff Report
January 24, 2024 -- Page 2
Vacation Rental Appeal – 1122 E. Via San Michael., Palm Springs, CA
STAFF ANALYSIS
First Citation:
On April 20, 2023, the City of Palm Springs Code Compliance discovered a web-based
advertisement for the property located at 1122 E. Via San Michael Rd., on the rental
booking platform airbnb.com via the following link:
www.airbnb.com/rooms/856850828103183754. Upon review of the advertisement, it was
found that a copy of the current registration certificate, via posting the property's City ID
number in a conspicuous location, was not included as required. Code Compliance
Officer Whittaker issued citation A7094. The officer report is included as ATTACHMENT
4. Citation A7094 was not appealed and paid in full on April 27, 2023.
Second Citation:
On September 3, 2023, a City of Palm Springs Code Compliance Officer responded to a
complaint for the property located at 1122 E. Via San Michael Rd., Palm Springs
regarding music at or beyond the property line. Code Officer Whittaker arrived at the
property at 2:40 pm and observed a violation of Palm Springs Municipal Code “PSMC”
5.25.070(g) Music audible at the property line at the Vacation Rental located at 1122 E.
Via San Michael Rd. Code Officer Whittaker contacted the occupants, discussed the
findings and violation, and issued citation A7705 for a violation of PSMC 5.25.070 (g).
The officer report is included as ATTACHMENT 5. Citation A7705 was not appealed and
in paid in full on September 13, 2023
Third Citation:
On September 8, 2023, A City of Palm Springs Code Compliance Officer issued administrative
citation A7707 to the owner of the property located at 1122 E. Via San Michael for failing to
respond to an audit as requested by Code Officer Whitaker. The officer report is included as
ATTACHMENT 6. No response was received by the Code Compliance Officer with respect to the
original deadline for response on September 5, 2023 and the extension to respond on September
8, 2023. Citation A7707 was paid in full on November 13, 2023
Pursuant to PSMC 5.25.090(b), “Upon the third violation in any twelve-month period, the
City Manager shall suspend the Vacation Registration Certificate for two (2) years”.
Pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative
citation and the suspension of the Vacation Rental Registration Certificate will be
heard by the Administrative Appeals Board according to PSMC Chapter 2.50.
Based on the three (3) administrative citations issued in a twelve-month period, a
suspension of the Vacation Rental Registration Certificate was issued by the Department
of Special Program Compliance with an effective date of October 9, 2023, for two (2)
years through October 9, 2025. ATTACHMENT 7.
Item 5 - Page 2
Administrative Appeals Board Staff Report
January 24, 2024 -- Page 3
Vacation Rental Appeal – 1122 E. Via San Michael., Palm Springs, CA
DATE OF VIOLATION CITATION
NUMBER
VIOLATION PSMC
04/20/2023 A7094 Failure to Post City ID 5.25.040(f)
09/03/2023 A7705 Music Audible at Property Line 5.25.070(g)
09/08/2023 A7707 Failure to Respond; Audit 5.25.070(j),
5.25.080
Additional Information
Citation AB0589 was issued on 9/12/2023 for a failure to submit Contract Summaries to
the Enforcement Official. This fourth citation was issued after 3rd citation was issued and
during the drafting of the suspension letter. The Code Officer report is under
Attachment 8.
The following Palm Springs Municipal Code sections and Regulations are applicable to
this matter.
The Palm Springs Municipal Code, Vacation Rentals §5.25.070 - Operational
Requirements and Standard Conditions:
(g) “Notwithstanding the provisions of Section 11.74.043, any radio
receiver, musical instrument, phonograph, loudspeaker, sound
amplifier, or any machine or device for the producing or reproducing
of any sound shall be conducted within a fully enclosed Vacation
Rental unit and shall not be audible at the property line of the
Vacation Rental.”
The Palm Springs Municipal Code, Vacation Rentals §5.25.040 - Operational
Requirements and Standard Conditions:
(f) “A copy of the current Registration Certificate as issued by the City
and the maximum number of guests allowed on the premises shall
be displayed in a clear and legible manner in a conspicuous and
easily accessible location in the unit and on all advertising related to
each Vacation Rental or Homesharing Interest, including without
limitation, web based advertising, hosting platform, print media, and
television.
Palm Springs Municipal Code §5.25.090 (b) – Violations
(b) “Upon the third violation in any twelve month period, the City Manager shall
suspend the Vacation Registration Certificate for two (2) years”.
ADMINISTRATIVE REGULATION “Violation Count for Purposes of Suspending a
Vacation Rental Certificate”- Effective 8/2017
Item 5 - Page 3
Administrative Appeals Board Staff Report
January 24, 2024 -- Page 4
Vacation Rental Appeal – 1122 E. Via San Michael., Palm Springs, CA
Procedure:
A. Section 5.25.090(b) specifies, “Upon the third violation in any twelve (12)
month period, the City Manager shall suspend the Vacation Rental Certificate for
two (2) years.” Following is a clarification how violations are counted.
1. Administrative citations for violations of Chapter 5.25 issued to the Vacation
Rental guest, Owner, or Owner’s agent prior to April 16, 2017, will count
towards the calculation of the three (3) violations in any twelve (12) month
period for suspending the Vacation Rental Certificate for such property in
accordance with Section 5.25.090(b).
2. There will be no suspension unless at least one (1) violation occurs under
new Ordinance No. 1918.
3. Appeals of the third administrative citation and the suspension of the
Vacation Rental Registration Certificate will be heard by the
Administrative Appeals Board according to PSMC Chapter 2.50.
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2017 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Administrative Citation A7094 and officer report 4
Administrative Citation A7705 and officer report 5
Administrative Citation A7707 and officer report 6
1122 E. Via San Michael Rd. suspension letter 7
Administrative Citation AB0589 and Officer Report 8
Item 5 - Page 4
ATTACHMENT 1
Item 5 - Page 5
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF EVA GUTOWSKI FOR THE
PROPERTY LOCATED AT 1122 E. VIA SAN MICHAEL,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION A7707 ISSUED IN THE
AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF
VACATION RENTAL REGISTRATION CERTIFCATE #5311.
Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs
Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board.
WHEREAS, the City investigated in detail and found the property 1122 E. Via San
Michael, Palm Springs, California to be in violation pursuant to Section 5.25.040 (f) on
April 20, 2023, and issued administrative citation A7094; and
WHEREAS, the City investigated in detail and found the property 1122 E. Via San
Michael, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on
September 3, 2023, and issued administrative citation A7705; and
WHEREAS, the City found the property 1122 E. Via San Michael, Palm Springs,
California to be in violation pursuant to Section 5.25.070 (j) and 5.25.080 on September
8, 2023, and issued administrative citation A7707; and
WHEREAS, upon the third violation in any twelve-month period, the City Manager
shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS Eva Gutowski was issued a suspension of the Vacation Rental
Registration Certificate for a period of two-years for the property located at 1122 E. Via
San Michael, Palm Springs, California on September 21, 2023, with an effective
suspension date of October 9, 2023, and
WHEREAS, Eva Gutowski for the property located at 1122 E. Via San Michael,
Palm Springs, California filed an administrative appeal of the suspension of the Vacation
Rental Registration Certificate with the City Clerk and paid the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter
2.50
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on January 24, 2024; and
Item 5 - Page 6
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (j) and 5.25.080 of the Palm Springs Municipal
Code occurred on September 8, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that Eva
Gutowski is in violation pursuant to Section 5.25.090 (b) of the Palm Springs Municipal
Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on January 24,
2024;
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board upholds administrative citation A7707 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 1122 E. Via San Michael, Palm
Springs, California
The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board overturns administrative citation A7707 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 1122 E. Via San Michael, Palm
Springs, California
THIS PORTION OF PAGE BLANK
Item 5 - Page 7
Resolution ____
Page 3
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a
copy of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No.______ is a full, true, and correct copy, and was duly adopted at a meeting
of the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of .
Brenda Pree, MMC, CERA
City Clerk
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ATTACHMENT 5
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