HomeMy WebLinkAboutItem 6 - AB0618 Saleem Staff PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: January 24, 2024
SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2,500.00 TO
SALEEM SALEEM AND RUKHSANA SALEEM FOR THE PROPERTY
LOCATED AT 3770 MESQUITE AVE., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Saleem Saleem and Rukhsana Saleem have requested an appeal of the 6-month
suspension of the Vacation Rental Registration Certificate and the administrative fine of
$2,500.00 for failure of submitting a Contract Summary to the Enforcement Official for the
property located at 3770 Mesquite Ave., Palm Springs.
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 THE ADMINISTRATIVE CITATION AB0618 ISSUED IN THE
AMOUNT OF $2,500 TO SALEEM SALEEM AND RUKHSANA SALEEM AND
THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 3770 MESQUITE AVE., PALM SPRINGS.
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Item 6 - Page 1
Administrative Appeals Board Staff Report
January 24, 2024 - Page 2
Vacation Rental Appeal – 3770 Mesquite Ave, Palm Springs
BACKGROUND:
The property located at 3770 Mesquite Ave., Palm Springs is a registered Vacation Rental
with the City of Palm Springs with a start date of October 7, 2021.
STAFF ANALYSIS:
The owners for the property located at 3770 Mesquite Ave. were issued administrative
citation AB0618 for failure to file contract summaries to the Enforcement Official as
required by The Vacation Rental Ordinance 2075 for guests stays of 28 days or less at a
Vacation Rental.
The Vacation Rental Ordinance No. 2075 (Palm Springs Municipal Code 5.25) requires
the submittal of a Contract Summary prior to each separate guest stay of 28 days or less
at a Vacation Rental. This Contract Summary allows the Office of Special Program
Compliance Department to verify the contract limitations outlined in Palm Springs
Municipal Code Section 5.25.070(b).
Palm Springs Municipal Code (PSMC) 5.25.070(b) states “A Contract includes any
occupancy of a property subject to a Vacation Rental registration certificate by persons
other than the Owner when the Owner is not present during such occupancy, regardless
of whether compensation is paid for such occupancy or whether occupancy is evidenced
in an agreement or document”.
The Department of Special Program Compliance administration staff communicated the
requirement to submit contract stays prior to arrival. Attachment 5
The City of Palm Springs Code Compliance determined after receiving internal
communication from administration staff with The Department of Special Program
Compliance that the property located at 3770 Mesquite Ave., had not submitted a
Contract Summary for a short-term Vacation Rental stay since the issuance of the
Vacation Rental Registration Certificate. A Code Compliance Officer investigated the
property and found that the property had 22 short-term rental stays between December
1, 2022 through October 9, 2023, and zero contract summaries were submitted.
Attachment 6.
A review below of the Contract Summary system confirmed zero submissions and is also
included in Attachment 6.
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Administrative Appeals Board Staff Report
January 24, 2024 - Page 3
Vacation Rental Appeal – 3770 Mesquite Ave, Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 3770 Mesquite Ave., occurred and Contract Summaries were not submitted
as required prior to a guest stay of 28-days or less and proceeded to issue administrative
citation number AB0618 in the amount of $2,500.00 to Saleem Saleem and Rukhsana
Saleem, the owners on title, for failure to file a contract summary to the Enforcement
Official prior to occupancy of the Vacation Rental. The Administrative Citation was mailed
by staff to the mailing address located on the title report.
Pursuant to Palm Springs Municipal Code 5.25.090(d), the Vacation Rental Certificate
4384 will be suspended for a period of six months effective December 18, 2023.
Attachment 7.
The following Palm Springs Municipal Code Sections are applicable to this matter:
The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows:
"Vacation Rental" means a single-family dwelling, or any portion thereof,
utilized for occupancy for dwelling, lodging, or sleeping purposes without
the Owner being present for a period of twenty-eight (28) consecutive days
or less,…”
Palm Springs Municipal Code §5.25.070(b) reads as follows:
No more than thirty-two (32) Contracts for Vacation Rental use of a
property shall be allowed or provided in any calendar year; however, up to
four (4) additional Contracts shall be allowed or provided for the Third
Quarter of a calendar year so long as the entire term of each such
Contract occurs during such Third Quarter A Contract includes any
occupancy of a property subject to a Vacation Rental registration
certificate by persons other than the Owner when the Owner is not present
during such occupancy, regardless of whether compensation is paid for
Item 6 - Page 3
Administrative Appeals Board Staff Report
January 24, 2024 - Page 4
Vacation Rental Appeal – 3770 Mesquite Ave, Palm Springs
such occupancy or whether occupancy is evidenced in an agreement or
document.
Palm Springs Municipal Code §5.25.070(h) reads as follows:
”Prior to occupancy pursuant to each separate occasion of rental of a
Vacation Rental, the Owner or the Owner’s agent or representative shall
enter into a written Contract with a Responsible Person where (1) the
Responsible Person will provide the Responsible Person’s name, age,
address, and a copy of a government issued identification; (2) establishes
and sets out the terms and conditions of the Contract, including without
limitation occupancy limits, noise prohibitions, and vehicle parking
requirements; (3) requires the Responsible Person to acknowledge and
agree that he or she is legally responsible for compliance of all occupants
of the Vacation Rental or their guests with all provisions of this Chapter
and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a
copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the
Responsible Person provides a list of all guests by name; and (6) the
Responsible Person provides a list of all guests’ vehicles, including license
plate numbers. Each Contract shall be maintained by the Owner or the
Owner’s Agent for a minimum of four (4) years and shall be readily available
for inspection upon request of the Enforcement Official. A summary or
abstract of the written Contract, in a form approved by the
Enforcement Official, shall be filed with the Enforcement Official prior
to occupancy, in a manner approved by the Enforcement Official, and
shall be posted in a conspicuous location on the Vacation Rental
property and shall be made available on site at the request of an
Enforcement Official”.
Palm Springs Municipal Code §5.25.090(d) reads as follows regarding the administrative
fines:
“Any person who advertises a Vacation Rental without including the
Vacation Registration Certificate in any advertising for such Vacation
Rental, or operates a Vacation Rental without a contract, or without
providing the City with a summary or abstract of such contract, or
without timely tendering full monthly payments of transient occupancy tax,
shall pay a fine in the amount of Two Thousand, Five Hundred Dollars
($2,500.00) and the Owner’s Vacation Registration Certificate shall be
suspended for six (6) months for a first offense and shall pay a fine in the
amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation
Registration Certificate shall be revoked for a second offense. Any
subsequent violations will be subject to the provisions of Subsection (c) of
this Section”.
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Administrative Appeals Board Staff Report
January 24, 2024 - Page 5
Vacation Rental Appeal – 3770 Mesquite Ave, Palm Springs
Patrick Clifford
Assistant Director
Attachments:
1
2
3
4
5
6
Resolution no. _____ Decision of the Administrative Appeals Board
Notice of Appeal Hearing
Administrative Citation Appeal Letter
Administrative Citation AB0618
Department Notification
Code Officer Findings
Suspension Letter 7
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ATTACHMENT 1
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RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
ADMINISTRATIVE CITATION AB0618 ISSUED IN THE AMOUNT OF $2,500
TO SALEEM SALEEM AND RUKHSANA SALEEM AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3770
MESQUITE AVE., PALM SPRINGS.
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, Saleem Saleem and Rukhsana Saleem did not file a Contract
Summary for an occupancy 28 days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, “Vacation Rental” means a single-family dwelling, or any portion
thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or less; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 3770 Mesquite Ave., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0618 failure to file a Contract
Summary was issued on November 15, 2023 to Saleem Saleem and Rukhsana Saleem
for the property located at 3770 Mesquite Ave., Palm Springs; and
WHEREAS, Saleem Saleem and Rukhsana Saleem, filed an administrative
appeal of the Administrative Citation No. AB0618 for failure to file a Contract Summary
prior to an occupancy for the property 3770 Mesquite Ave., Palm Springs to the
Enforcement Official with the City Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on January 24, 2024; and
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Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Saleem Saleem and Rukhsana Saleem violated Section 5.25.070 (h) 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; and
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 5.25.070(h).
The Administrative Appeals Board upholds the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Saleem Saleem and Rukhsana Saleem for
the property located at 3770 Mesquite Ave., Palm Springs
The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h).
The Administrative Appeals Board overturns the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Saleem Saleem and Rukhsana Saleem for
the property located at 3770 Mesquite Ave., Palm Springs
THIS PORTION OF PAGE BLANK
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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
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:
BRENDA PREE
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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City of Palm Springs, CA
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
12/07/2023 09:09AM Shahriar
002040-0002
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2024 Item: OTHCHG
1 @ $911.0000
Balance unpaid: -$911.00
OTHER CHARGE CURRENT
SVC (OTHCHG) $911.00
--------------
$911.00
Subtotal $911.00
Total $911.00
CHECK $911.00
Check Number 1005
--------------
Change due $0.00
Paid by: SALEEM SALEEM | ADMIN
CITATION#AB0618 VACATION RENTAL APPEAL
FEE- CITY CLERK'S OFFICE12/07/2023
Thank you for your payment
CUSTOMER COPY
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ATTACHMENT 4
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ATTACHMENT 5
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John Stamback
From: John Stamback
Sent: Wednesday, October 20, 2021 8:19 AM
To: Saleem'
Subject: 3770 Mesquite Ave
Attachments: TOT 7983.pdf, 3770 Mesquite Ave.pdf
Attached is your Transient Occupancy Registration Permit # 7983 and annual Vacation Rental Registration Certificate.
Two Vacation Rental Registration Certificates should be placed in the residence.
Transient Occupancy Tax Information
Transient Occupancy Tax is covered under Palm Springs Municipal Code Ch. 3.24. Blank TOT forms on the
City of Palm Springs website. You may also submit and pay your monthly TOT return online
b=s://www.12ahns rinp,sca.gov/izovemment/del2artments/finance-treasury/transient-occupancy-tax-
tot .
TOT returns are due on the first working business day of the month and considered delinquent if not received
on or before 6:00 pm on the last working business day of the month following the close of each calendar
month. EXAMPLE: March TOT is due April 1, 2021 and is considered delinquent if not paid by 6:00 pm
April 29, 2021.
The delinquency date is determined by the date the return is received in the TOT office, not the postmark.
The TOT tax rate is 11.5% of total rental revenue. The TOT return must be sent in even if you have no
activity for the month and/or no tax is due.
Starting July 1, 2021, Vacation Rental and Homeshare lodgings will begin paying the 1% TBID (Tourism
Business Improvement District) assessment on short term stays of 27 days or less. The Greater Palm Springs
Convention & Visitors Bureau (CVB) has further information on their website:
h!Ws://www.visitgreaterpalmsprines.com/2020-tbid/ Although the 1% TBID will be paid at the same time as
your monthly TOT payments, TBID money is a separate item that will be directed to the CVB.
All properties are subject to audit, be sure to maintain adequate TOT records.
Ouestions regarding Transient Occupancy Tax should be directed to the
TOT desk at (760) 323-8226 or totdeskApalmspringsca.gov.
Vacation Rental Compliance Information
Below is the link to our Contract Summary tool
https://www. valmsi)rinesca.gov/governmentddepartments/suecial-i)ro2ram-compliance/vacation-
rentals/submit-contract-summary; you are required to begin submitting your Contract Summaries using
this tool for each guest stay prior to arrival. Homeshare's are exempt from Contract Summaries.
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ATTACHMENT 6
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ATTACHMENT 7
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Post Office Box 2743 • Palm Springs, California 92263-2743
City of Palm Springs
Department of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov
November 22, 2023
Saleem Saleem; Rukhsana Saleem
Re: Suspension of Short‐Term Vacation Rental Registration Certificate #4823 for 3770 E. Mesquite Ave., Palm
Springs, CA.
Upon review of the recent activity at your short‐term rental property located at 3770 E. Mesquite Ave., Palm
Springs, CA, the City of Palm Springs is hereby suspending your Vacation Rental Registration Certificate for a
period of six (6) months. In order to minimize the negative impact to any near‐term guests visiting our city who
may already be currently booked at your property, the suspension period will begin on December 18, 2023, and
will end on June 18, 2024. All advertising of your property for short term rentals must cease immediately.
During the suspension period, your property may not be rented for short term stays (28 days or fewer) but you
may rent your property as a long‐term rental. Transient Occupancy Tax returns and annual renewal fees will still
be due, unless you choose to complete and submit the enclosed Owner’s Request to Close TOT Permit and
Vacation Rental Certificate form.
This suspension is issued in accordance with the City of Palm Springs Municipal Code (PSMC) Section 5.25.090(d)
as follows:
“(d) Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any
advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the
City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient
occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s
Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in
the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be
revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this
Section.
You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f).
Your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal
Code, Chapter 2.50. Please also see the attached Written Notice of Appeal Form and Filing Process information;
or feel free to contact the Department of Special Program Compliance at #760‐322‐8382 with questions.
Should you choose to appeal this suspension, your suspension does go into effect on December 18, 2023 in
accordance with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board
hearing. Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals
Board is a violation of PSMC Section 5.25.090(c).
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To exercise your option to appeal, your completed Written Notice of Appeal Form with the non‐refundable
appeal fee of $911 must be received by the City Clerk’s office no later than December 14, 2023, and should be
addressed to:
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
Respectfully,
Scott Stiles
City Manager
Cc: File,
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