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Home My WebLink AboutAB0427- Casty Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: January 25, 2023 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT GIA LAUREN CASTY IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 3714 CALLE SAN RAPHAEL, PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Gia Lauren Casty has requested an appeal of the permanent ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for operating an unregistered Vacation Rental property located at 3714 Calle San Raphael, 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 GIA LAUREN CASTY FOR THE PROPERTY LOCATED AT 3714 CALLE SAN RAPHAEL, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0427 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 3714 Calle San Raphael, Palm Springs STAFF ANALYSIS: The owner for the property located at 3714 Calle San Raphael, Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on November 21, 2022. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 3714 Calle San Raphael, as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement listed as “La Casita GIA – a private + sweet desert santuary” ATTACHMENT 5 2. Advertisement Airbnb.com/rooms/42366531 requires guest to read a short- term rental agreement. ATTACHMENT 5 3. Short-term rental agreement states Ordinance 1918 (Vacation Rental Ordinance) 4. Advertisement Airbnb.com/rooms/42366531 shows 78 reviews from March 2020. ATTACHMENT 6 5. A Code Compliance Officer submitted an online booking inquiry to stay during the dates December 13, 2022, to December 16, 2022 (3-nights); ATTACHMENT 7 6. A response was received by the Code Compliance Officer confirming availability for the dates December 13, 2022, to December 16, 2022 (3-nights); ATTACHMENT 7 Staff finds that the advertisement found on Airbnb.com/rooms/42366531 and inquiry affirmation for the dates December 13, 2022 to December 16, 2022 (3-nights) for stay at property 3714 Calle San Raphael, is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0427, in the amount of $5,000, to Gia Lauren Casty, the owner on title, for operating a Vacation Rental without a Vacation Rental Registration Certificate. The Administrative Citation was mailed by the Department of Special Program Compliance staff to the mailing address on title. The following Palm Springs Municipal Codes sections and Regulations 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 §5.25.040(a) reads as follows: Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 3714 Calle San Raphael, Palm Springs The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited. Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative fine: (c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City…” Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining “Operation” of a Vacation Rental to include the following: 1. “Advertisement” of the property means on any web based advertising, hosting platform, print media, bulletin, signage, radio, and television or on any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less. 2. An owner, agent or other representative of the owner has an interest in rental, exchange, trade, gift, or grant of a guest stay at a property of less than twenty-eight (28) consecutive days or less. 3. An owner, agent or any other representative of the owner interacts with another party whether directly or indirectly through personal or digital/electronic contact with the intent to provide availability of the property for occupancy of 28 days or less, or to complete a rental and/or reservation of the property for future occupancy of 28 days or less.” Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2014 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.” Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 3714 Calle San Raphael, Palm Springs Patrick Clifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0427 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0427 & citation letter 4 Copy of the Airbnb.com/rooms/42366531 advertisement 5 Copy of Reviews 6 Copy of Code Compliance Inquiry 7 Copy of the title report 8 THIS PORTION OF PAGE BLANK ATTACHMENT 1 RESOLUTION NO. ____ Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION THAT GIA LAUREN CASTY IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 3714 CALLE SAN RAPHAEL, PALM SPRINGS, CALIFORNIA Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Gia Lauren Casty did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 3714 Calle San Raphael, Palm Springs, pursuant to Palm Springs Municipal Code Chapter 5.25; and WHEREAS, any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal Code Section 5.25 includes “Advertisement” of the property on any web based advertising, hosting platform, print media, bulletin, signage, radio and television or any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0427 operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on November 30, 2022 to Gia Lauren Casty for the property located at 3714 Calle San Raphael, Palm Springs; and WHEREAS, Gia Lauren Casty, filed an administrative appeal of the Administrative Citation No. AB0427 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 3714 Calle San Raphael, Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on January 25 2023; and Resolution No. Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Gia Lauren Casty violated Section 5.25.040(a) of the Palm Springs Municipal Code by an advertisement on Airbnb.com/rooms/42366531 for the property located at 3714 Calle San Raphael, Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Gia Lauren Casty violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 3714 Calle San Raphael, Palm Springs and confirmed a period less than twenty-eight (28) days; December 13, 2022 to December 16, 2022 (3-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on January 25, 2023; 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 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Gia Lauren Casty is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3714 Calle San Raphael, Palm Springs and the fine of $5,000. The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board overturns the administrative decision that Gia Lauren Casty is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3714 Calle San Raphael, Palm Springs and the fine of $5,000 Resolution No. 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 2023. Michael Paonessa 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: 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 City Clerk ATTACHMENT 2 ATTACHMENT 3 CITY OF PALM SPRINGS Vacation Re ntal E nforce men t Administ rative Citation DAY OF VVEEK Mo nda I• Agent ~ PropertyOwner • Other NAME (First , Middle, Last): Casty Gia Lauren " "'' " AB0427 TIME 6:03 DL or ID .,., You are being issued an Admin istrative Citation for the fo ll owing Code provis ion(s ). Count PSMC Description 1. 5.25.040 (a) OPERATING A VACATION RENTAL W/OUT A VACATION RENTAL REGISTRAT ION CERTIFICATE COMPLIA NCE ORDER a'\_ You are ordered to cor rect or ot herwise remedy this /these v iolations by : 15 CALEN DAR DAYS FRO M MAI LING DATE OF CITATION . ~ You are further ordered to pay an Administrative Fine as prescribed in t he schedule below for each count listed above . Payment must be pa id in full by the compl iance date to avoid additional penalties . The total CITATION PENALT Y due is $5,0 00 .00 . ADMINISTRATIVE FINE SCHEDULE pl_ First violation -Operating with out a Vacation Registration Certificate : $5 ,000 .00 and permanent ineligibility to operate • Second violat ion -Operati ng without a Vacation Registration Certificate : $10,000 .00 • T hird violation -Operating without a Vacation Registration Certificate : $25 ,000 .00 • First violation -Advertising without posting TOT/City number; operating witho ut a contract ; fa ilure to provide contract summary ; fai lure to pay TOT timely : $2 ,50 0.00 and a 6-mont h suspension Other/Descr iption : Jacob Gonzalez-CODE/DSPC 1 1/30/22 Date of Issuan ce Type of Service o Pe rsonal tJ(_Mail COP Y TO PROPERTY OWNER/AGE NT ; PROCESSING ; FILE ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8