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Home My WebLink AboutA6770 - Fischer Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: February 22, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A6770 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3010 N. PUERTA DEL SOL., PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Jackie Fischer c/o Slovak Baron Empey Muprhey Pinkey LLP has requested an appeal of administrative citation A6770 issued in the amount of $500 and two (2) year suspension of the Vacation Rental Registration Certificate #4093 for the property located at 3010 N. Puerta Del Sol, 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 JACKIE FISHER C/O SLOVAK BARON EMPEY MUPRHEY PINKEY LLP FOR THE PROPERTY LOCATED AT 3010 N. PUERTA DEL SOL, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A6770 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4093. STAFF ANALYSIS On October 1, 2022 at 5:15pm, the City of Palm Springs Vacation Rental Hotline received a call for the property located at 3010 N. Puerta Del Sol, Palm Springs regarding a complaint regarding music. Code Officer Wade and Code Officer Ingram arrived at the property at 5:47pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) music audible at the property line at Vacation Rental located at 3010 N. Puerta Del Sol. Code Officers Wade and Ingram contacted the occupants, discussed the findings and violation, and attempted to issue a citation to the responsible renter; however, the responsible person refused to provide a copy of their identification. Code Officer Wade contacted the local contact for the responsible renter’s ID and issued Administrative Appeals Board Staff Report February 22, 2023 -- Page 2 Vacation Rental Appeal – 3010 N. Puerta Del Sol, Palm Springs, California citation A6770 for a violation of PSMC 5.25.070 (g) music audible at the property line. The officer report is included as ATTACHMENT 4. On July 8, 2022, The City of Palm Springs Police Department received a call for the property located at 3010 N. Puerta Del Sol reporting a complaint for loud music. Code Officer Williams responded and arrived at the property at 2:54pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) music audible at the property line. As a result, Code Officer Williams contacted the occupants, discussed the findings and violation, and attempted to issue a citation to the responsible renter; however, the responsible person refused to provide a copy of their identification. Code Officer Williams contacted the local contact for the responsible renter’s ID and issued citation A6901. ATTACHMENT 5 On July 8, 2022, at 10:29am the City of Palm Springs Police Department received a call for the property located at 3010 N. Puerta Del Sol following up on a compliant reported the previous night to the Police Department regarding a complaint for loud music. On July 8, 2022 Code Officer Bowman responded to the report. As a result, Code Officer Bowman issued citation A2253 for violation of PSMC 5.25.070(g) Music amplified beyond the property line. ATTACHMENT 6. 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 November 14, 2022 for two (2) years through November 14, 2024. ATTACHMENT 7. DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 07/08/2022 A2253 Music Audible at Property Line 5.25.070(g) 07/08/2022 A6901 Music Audible at Property Line 5.25.070(g) 10/01/2022 A6770 Music Audible at Property Line 5.25.070(g) 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 Administrative Appeals Board Staff Report February 22, 2023 -- Page 3 Vacation Rental Appeal – 3010 N. Puerta Del Sol, Palm Springs, California 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.” (h)(1) “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” 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 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.” Administrative Appeals Board Staff Report February 22, 2023 -- Page 4 Vacation Rental Appeal – 3010 N. Puerta Del Sol, Palm Springs, California Patrick Clifford Executive Program Administrator Department of Special Program Compliance Attachments: Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation A6770 and officer report 4 Administrative Citation A6901 and officer report 5 Administrative Citation A2253 6 3010 N. Puerta Del Sol suspension letter 7 ATTACHMENT 1 RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JACKIE FISHER C/O SLOVAK BARON EMPEY MUPRHEY PINKEY LLP FOR THE PROPERTY LOCATED AT 3010 N. PUERTA DEL SOL, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A6770 ISSUED IN THE AMOUNT OF $500 AND THE TWO- YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4093 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 3010 N. Puerta Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on October 1, 2022 and issued administrative citation A6770; and WHEREAS, the City investigated in detail and found the property 3010 N. Puerta Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on July 8, 2022 and issued administrative citation A6901; and WHEREAS, the City investigated in detail and found the property 3010 N. Puerta Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on July 8, 2022 and issued administrative citation A2253; 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 Jacqueline Fischer was issued a suspension of the Vacation Rental Registration Certificate for the property located at 3010 N. Puerta Del Sol, Palm Springs, California on October 24, 2022 with an effective suspension date of November 14, 2022, and WHEREAS, JACKIE FISHER C/O SLOVAK BARON EMPEY MUPRHEY PINKEY LLP for the property located at 3010 N. Puerta Del Sol, 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 February 22, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that a violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred on October 1, 2022; and WHEREAS, the Administrative Appeals Board was presented evidence that Jacqueline Fischer 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 February 22, 2023; 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 A6770 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 3010 N. Puerta Del Sol, 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 A6770 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 3010 N. Puerta Del Sol, Palm Springs, California THIS PORTION OF PAGE BLANK 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 2023. MIKE 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, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 01/24/2023 01:44PM Shahriar 000919-0004 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2023 Item: OTHCHG 1.00 @ 857.00 Balance unpaid: -857.00 OTHER CHARGE CURRENT SVC (OTHCHG) 857.00 -------------- 857.00 Subtotal 857.00 Total 857.00 VISA, MASTERCARD & DISCOVER 857.00 7132 -------------- Change due 0.00 Paid by: JACKIE FISCHER | ADMIN APPEAL FEE 01/23/2023- CLOVER CREDIT CARD Thank you for your payment City of Palm Springs, CA COPY DUPLICATE RECEIPT ATTACHMENT 4 Vacation Rental Code Compliance Officer Event Report Date Wednesday, October 5, 2022 Time 2:52 PM Wednesday, October 5, 2022 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Saturday, October 1, 2022 Time arrived at the property: 5:47 PMTime received the complaint from the Hotline: 5:15 PM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Property Address 3010 Puerta Del Sol 92262 Is this a registered vacation rental? Yes Type of a Complaint Reported: (You may select more then one) Music coming from the propertyIs this a unit in a Condominium complex? No Please input dB levels. It's recommended to take a reading every two minutes Time dB level dB reading one 1749 49 dB reading two 1751 45.4 dB reading three 1753 45.4 Was there a Contract Summary on file for this property / guest stay? Yes Location of the noise source? Front yard patio At which location on the property or off the property were you present when you witnessed the violation? Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Carena Marcovitch Citation Number (if applicable) A6770Code Section Violated: Music at the property line 5.25.070(g)Total time amount witnessing the violation: 10 minutes Type of noise source? Speaker Was Citation issued? Yes Create your own automated PDFs with Jotform PDF Editor- It’s free 1 Upon Arrival found the following: Music at the property line Additional Notes: Arrived at the property at 1747 and observed the location f rom the street in front of the home. Observed a violation for Music Amplified Beyond the Property Line. Used my department issued cell phone to identify the song being played. I contacted the occupants and responsible renter, Carena, and advised them of the complaint and my observations. Occupants refused to give ID. Contacted the LC for the property and got their I D that way. Citation will be issued f or Music Amplif ied Beyond the Property Line through the mail. Contacted the LC for the property and advised them of the complaint and my observations as well the issuance of a citation. No callback requested from the RP. Plea se atta ch 2-3 pictures as neede d to support your findings. Pictures of the front of the home with address are a must a long with a picture of the violation if applicable Has this event been communicated to the Local Contact for this prope rty? Yes Code Compliance Officer submitting the form: Dustin Wade Code Compliance Officer Ema il: dustin.wade@palmspringsca.gov Number of Code Officers re sponding to the event: 2 Code Officer Name #1: Dustin Wade Code Officer Name #2: Johnathan Ingram Create your own automated PDFs with Jotform PD F Editor- It’s f ree 2 ATTACHMENT 5 Vacation Rental Code Compliance Officer Event Repor t Date Friday, July 8, 2022 Time 3:26 PM Friday, July 8, 2022 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Friday, July 8, 2022 Time arrived at the prope rty: 2:54 PMProperty Address 3010 N Puerta Del Sol 92262 I s this re port based on a proactive finding, a le a d from the community or response to a call into the hotline? PSPD Dispatch Is this a registered va cation re ntal? Yes Is this a unit in a Condominium complex? No Type of a Complaint Re ported: (You may select more then one) Music coming from the propertyWas there a Contra ct Summa ry on file for this property / guest stay? Undetermined Please input dB levels. It's recommended to ta k e a reading every two minute s Time dB level dB reading one 0 0 dB reading two 0 0 dB reading three 0 0 Location of the noise source? Front yard patio At which loca tion on the property or off the property we re you pre sent when you witnessed the violation? On street in front of the location Name of Person Citation being issued to: Alejandro Posada Arias Code Section Violated: Music at the property line 5.25.070(g) Citation Number (if applicable) A6298Type of noise source? Speaker Tota l time amount witnessing the violation: 6 minutesUpon Arrival found the following: Music at the property line Create your own automated PDFs with Jotform PD F Editor- It’s f ree 1 Was Citation issued? No, could not make contact with guests. Violation found upon arrival, citation to be issued from office Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the violation if applicable Additional Notes: Arriced at 2:54 and observed violation for music both from side street (San Carlos) and directly in front of the property. Spoke with person who identified himself as the responsible renter. He would not provide his name. I informed him of the complaints and the violation. He refused to provide ID (said he did not know what he did with his wallet). Called local contact TRAVELR . Informed them of the complaint and findings. They stated they did not have his ID in the office, but provided by test his information: Alejandro Posada Arias I also informed her that she was still required to get the ID from him or it would be a citation to TRAVELR. She said they would obtain it. Citation A6298 sent through mail. Called the reporting party She was rather upset about the situation as it has been going on for almost 24 hours. She said the police went out last night, but did not issue a citation. She also said someone names Kimberly was there this morning. Has this event been communicated to the Local Contact for this property? Yes Code Compliance Officer submitting the form: David Williams Code Compliance Officer Email: david.williams@palmspringsca.gov Number of Code Officers responding to the event: 1 Code Officer Name #1: David Williams Create your own automated PDFs with Jotform PDF Editor- It’s free 2 Create your own automated PDFs with Jotform PD F Editor- It’s f ree 3 ATTACHMENT 6 ATTACHMENT 7 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 October 24, 2022 Jacqueline Fischer Re: Suspension of Short‐Term Vacation Rental Certificate for 3010 N. Puerta Del Sol, Palm Springs, CA 92262 Upon review of the recent activity at your short‐term rental property at 3010 N. Puerta Del Sol, Palm Springs, the City of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. In order to minimize the negative impact to the near‐term guests visiting our city who may be currently booked at your property, the suspension period will begin on November 14, 2022 and will end on November 14, 2024. All advertising of your property for short‐term renting must cease immediately. During the suspension period, your property may not be rented for short‐term stays (28 days or less) but you may rent your property as a long term rental. This suspension is being made in accordance with the City of Palm Springs Municipal Code Section 5.25.090(b) as follows: “Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years.” During the last 12 months, the following citations have been issued to the property (Copies are attached): DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 07/08/2022 A2253 Music Audible at Property Line 5.25.070(g) 07/08/2022 A6901 Music Audible at Property Line 5.25.070(g) 10/01/2022 A6770 Music Audible at Property Line 5.25.070(g) During your suspension, 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. You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f), and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of the third Administrative Citation A6770 must be addressed at this Administrative Appeals Board hearing pursuant to the Administrative Regulation . 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 November 14, 2022 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). To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable appeal fee of $857 .00 must be received by the City Clerk's office no later than November 8, 2022 and should be addressed to: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way , Palm Springs, CA 92263 Respectfully, ckJw~ v{ Teresa Gallavan Interim City Manager cc: File; TRAVLR (Agency)