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HomeMy WebLinkAboutAB0448- Kirakosyan packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: April 26, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION AB0448 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Armine Kirakosyan has requested an appeal of administrative citation AB0448 issued in the amount of $2,500 and two (2) year suspension of the Vacation Rental Registration Certificate #4048 for the property located at 3149 E. Ventura Rd, 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 ARMINE KIRAKOSYAN FOR THE PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0448 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4048. STAFF ANALYSIS On January 6, 2023, the City of Palm Springs received a music complaint for the property located at 3149 E. Ventura Rd, Palm Springs on the Citys My Palm Springs App. Code Compliance Officer Gonzalez and Code Compliance Supervisor Nabhan arrived at the property at 4:25pm and did not observe a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) music audible at the property line at the Vacation Rental. Code Compliance Officer Gonzalez and Code Compliance Supervisor Nabhan contacted the occupants, discussed the findings and were told by the guests at the property that the guests had booked the property for short-term stay from Airbnb.com for the period between January 6, 2023, through January 8, 2023. Prior to responding to the music complaint, Code Compliance Officer Gonzalez did a search for a Contract Summary in Administrative Appeals Board Staff Report April 26, 2023 -- Page 2 Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs the Contract Summary database and could not find a Contract Summary on file. After returning to the office, a second more detailed search for a Contract Summary was conducted in the Contract Summary database a Contract Summary was not found. Pursuant to Palm Springs Municipal Code 5.25.070(h), citation AB0448 was issued to the property owner for the property 3149 E. Ventura Rd., Palm Springs, CA 92262. ATTACHMENT 4 Staff has found that AB0448 was the third administrative citation issued in a twelve-month period. Based on the three 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 on February 2, 2023, with an effective date of February 20, 2023, for two (2) years through February 20, 2025. ATTACHMENT 5 The table below lists the three administrative citations issued. DATE OF VIOLATION CITATION  NUMBER  VIOLATION PSMC  05/13/2022 A6880 Music Audible at Property Line 5.25.070(g)  08/13/2022 A6723 Music Audible at Property Line 5.25.070(g)  01/06/2023 AB0448 Failure to Submit Contract Summary 5.25.070(h)  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. Contract Summary History A review of the property history shows that zero Contract Summaries were received for the calendar years 2018 through 2022. The effective start date for this property was July 2, 2018. The Department of Special Program Compliance has communicated via newsletters on the requirement of Contract Summaries, specifically, September 2021, August 2021, July 2021, June 2021, and August 2020. These communications are emailed via a subscription service. City records show that the property owner subscribed to these newsletters effective March 30, 2020. ATTACHMENT 6 Additionally, at the time of the initial application and each respective renewal application, owners are required to initial under the Vacation Rental Regulations section of the application that they understand and will comply with the following “Prior to each occupancy, the Owner or Agent shall enter into a written contract with a Responsible Person 25 years of age and older; the contract shall include all requirements of the PSMC 5.25. Owner or Agent shall ensure that a summary of each such written contract is filed as required with the Department of Special Program Compliance prior to occupancy”. City records show that Transient Occupancy Tax was collected for the following months, however, no Contract Summary was reported: November 2019, May 2020, June 2020, Administrative Appeals Board Staff Report April 26, 2023 -- Page 3 Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs July 2020, November 2020, January 2021, February 2021, March 2021, April 2021, and December 2021. ATTACHMENT 7 Citation History First Citation On May 13, 2022, a complaint regarding music was received on the City’s My Palm Springs App. Code Compliance Officers Wade and Pisciuneri responded and found a violation of Palm Springs Municipal Code 5.25.070(g) Music Audible at the Property Line. Citation A6880 was issued to the Responsible Person. The property owner was notified of the violation and citation via Ring doorbell system, as mentioned in the event report submitted by Code Compliance Officer Wade. Citation A6880 was paid in full on June 14, 2022, and no appeal was received. ATTACHMENT 8 Second Citation On August 13, 2022, a complaint regarding loud voices and music was received on the City’s My Palm Springs App. Code Compliance Supervisor Nabhan and Code Compliance Officer Pisciuneri responded and found a violation of Palm Springs Municipal Code 5.25.070(g) Music Audible at the Property Line. Citation A6723 was issued to the Responsible Person. The property owner was notified by phone regarding the violation and citation. Citation A6723 was paid for, and an appeal was requested. The appeal was heard by a hearing examiner on October 25, 2022. Citation A6723 was upheld. ATTACHMENT 9 Third Citation On January 6, 2023, after responding to a music compliant, it was found that the property hosted short-term rental guests, but there was not a Contract Summary on file for the short-term stay. Pursuant to Palm Springs Municipal Code 5.25.070(h) a summary of the written contract must be filed with the Enforcement Official prior to each applicable occupancy. A review of the Contract Summary database was conducted by Code Compliance Officer Gonzalez and Contract Summary was not found. Citation AB0448 was issued for failure to submit a Contract Summary pursuant to Palm Springs Municipal Code 5.25.070(h) 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 Administrative Appeals Board Staff Report April 26, 2023 -- Page 4 Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs 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) “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 each applicable 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 (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 Administrative Appeals Board Staff Report April 26, 2023 -- Page 5 Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs 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 Executive Program Administrator Department of Special Program Compliance Attachments: Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation AB0448 and officer report 4 3149 E. Ventura Rd suspension letter 5 Vacation Rental Newsletters 6 Contract Summary Review 7 Administrative Citation A6880 and officer report 8 Administrative Citation A6723 and officer report 9                     ATTACHMENT 1  RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ARMINE KIRAKOSYAN FOR THE PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0448 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4048 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 3149 E. Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on May 13, 2022 and issued administrative citation A6880; and WHEREAS, the City investigated in detail and found the property 3149 E. Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on August 13, 2022 and issued administrative citation A6723; and WHEREAS, the City investigated in detail and found the property 3149 E. Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (h) on January 6, 2023 and issued administrative citation AB0448; 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 Armine Kirakosyan was issued a suspension of the Vacation Rental Registration Certificate for the property located at 3149 E. Ventura Rd., Palm Springs, California on February 2, 2023 with an effective suspension date of February 20, 2023, and WHEREAS, Armine Kirakosyan for the property located at 3149 E. Ventura Rd., 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 April 26, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that three violations of Chapter 5.25 of the Palm Springs Municipal occurred in a 12-month period regarding the property located at 3149 E. Ventura Rd., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence that Armine Kirakosyan 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 April 26, 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 AB0448 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 3149 E. Ventura Rd., 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 AB0448 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 3149 E. Ventura Rd., 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                      ATTACHMENT 4  Vacation Rental Code Compliance Officer Event Repor t Date Friday, January 6, 2023 Time 5:01 PM Friday, January 6, 2023 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Friday, January 6, 2023 Time arrived at the prope rty: 4:25 PMProperty Address 3149 e ventura rd 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? My Palm Springs APP (Rattletech) 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? No Wa s Citation issued? No Upon Arrival found the following: NO Violation found upon arrival I f no cita tion was issued, what action wa s ta k en to re solve or to prevent sa me compla int from re occurring: Arrived at the property 3149 e Ventura at 4:25pm. Started the investigation into the music complaint. Upon arrival to the property, we found that there was no music heard from beyond property lines. Noise was heard from beyond property lines, but it was just talking from the guest staying at the property. We made contact to the renters and f ound that they were only staying for the weekend. We handed the renters a good neighbor broacher and went over the rule with them. We made sure that they understood the rules and they agreed to follow them. Made contact with the owner of the property and notified her that the guest were not in violation and that no cite was issued. 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 Create your own automated PDFs with Jotform PD F Editor- It’s f ree 1 Code Compliance Officer submitting the form: Jake Gonzalez Code Compliance Officer Ema il: jacob.gonzalez@palmspringsca.gov Number of Code Officers re sponding to the event: 2 Code Officer Name #1: Jake Gonzalez Code Officer Name #2: Mitch Nabhan Create your own automated PDFs with Jotform PD F Editor- It’s f ree 2                     ATTACHMENT 5                      ATTACHMENT 6  August, 2020 The Department of Special Program Compliance -Special Edition- Vacation Rental & Homeshare Monthly Newsletter This month our newsletter is dedicated to communicating the importance of safely re - opening and operating Vacation Rentals during the COVID-19 pandemic. It is important to ensure that operators and guests are adhering to the re-opening guidelines to ensure continued safe and successful operations. If you have any questions regarding the re- opening guidelines, feel free to contact our office. MUSIC (MOST COMMON VIOLATION) Music is not allowed outside of a Vacation Rental at anytime of the day or night. Palm Springs Municipal Code States: “...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.” Guests in violation of this code will be issued a fine in the amount of $500. Additionally, this will count as a strike towards the Registration Certificate. WE HAVE NOTICED AN INCREASE OF CITATIONS RELATING TO MUSIC VIOLATIONS SINCE THE END OF THE VACATION RENTAL MORATORIUM. IT IS IMPORTANT THAT GUESTS RECEIVE CLEAR RULES AND REGULATIONS IN YOUR LISTINGS, YOUR RENTAL CONTRACT AND DURING THE CHECK-IN PROCESS TO REDUCE CONCERNS REGARDING RULES AND REGULATIONS. GOOD NEIGHBOR BROCHURE Our Good Neighbor Brochure has been updated. Updates include:  Listed $500.00 fine amount  Updated Music verbiage  Department title update For the full list of guidelines issued by Riverside County, please visit https://www.rivcoph.org/ coronavirus or select the following link Riverside County Guideline –Section E –Short Term Vacation Rentals. Below is a list of important guidances.  Industry Guidance and Checklists from the State of California are available at https:// covid19.ca.gov/industry-guidance  No events or group gatherings are permitted until approved by the State of California. Only guests registered for the home should be on premise.  Employees strongly recommended or required to wear a face covering.  Complete a deep cleaning after each rental. Owners and/or agencies will use cleaning products and protocols that meet with CDC guidelines and are approved for use and effective against viruses and bacteria.  A 24-hour gap between rental reservations, guest departure and new guest arrival, is required.  No same-day guest departure and arrival allowed. Property will remain empty for the first 3 hours after guest departure before housekeeping’s arrival.  Prior to arrival, owner/agent is required to send guests notices informing them of local City and County health orders, in addition to Good Neighbor Brochures and any other documents required by local ordinances.  Clearly posted signage inside the property should notify guests of local City and County health orders and recommendations, including that they practice frequent hand-washing and physical distancing when leaving the property.  These guidelines do not replace or revoke any local City ordinances with regard to short-term rental lodging. Owners/Agents should review all current City ordinances as they apply to short -term rental lodging. RIVERSIDE COUNTY GUIDELINES 2 PARKING Only ONE vehicle per bedroom is allowed at any given time. Utilize driveway and/ or garage when PARKING your vehicle before using street parking. And never block any driveway or street access. Guests in violation of this code will be issued a fine in the amount of $500. Additionally, this will count as a strike towards the Registration Certificate. GATHERINGS / EVENTS Gatherings and Events are not allowed at Vacation Rental or Homeshares at this time. River- side County issued guidance on May 28, 2020 that states “No events or group gatherings are permitted until approved by the State of California. Only guests registered for the home should be on premises.” Code Enforcement is enforcing these guidelines. Violating these will amount to a minimum fine of $1000 and may be issued to the guests or owner. Additionally, this will count as a strike towards the Registration Certificate. OWNER CONTACT UPDATE THE DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE Veronica Goedhart - Director, Department of Special Program Compliance Veronica.Goedhart@palmspringsca.gov Patrick Clifford - Executive Program Administrator Patrick.Clifford@palmspringsca.gov Bryan Valle - Administrative Secretary Bryan.valle@palmspringsca.gov Shantel Sterling - Senior Account Technician Shantel.Sterling@palmspringsca.gov Michael Milan - Account Clerk II Michael.Milan@palmspringsca.gov For Vacation Rental/Homeshare Application Processing: Vacation.Rentals@palmspringsca.gov (760) 322-8382 For Administrative Citations: Michael Milan - michael.milan@palmspringsca.gov 760-322-8369 To report a possible UN-registered vacation rental: Send an Email to Vacation Rental Code Compliance Officer - vacation.rentals@palmspringsca.gov CONTRACT SUMMARIES The Department of Special Program Compliance 425 N Civic Drive Palm Springs, CA 92262 Phone: 760-322-8382 Fax: 760-322-8317 www.psvacationrentalcompliance.com 3 Contract Summaries are required to be submitted prior to occupancy for Vacation Rental Properties (excluding Homeshares) . This enables the Department of Special Program Compliance to monitor contract count limitations as defined in the municipal code 5.25.070(b) The contract submittal tool is located on our website under Submit Contract Summary. If you are experiencing problems with the submittal tool, contact the department at 760-322-8382 Contract Summaries are not your TOT returns that are due monthly to Finance. Failing to submit Contract Summaries prior to occupancy is a violation of municipal code 5.25.070(h). Penalties for failing to submit contract summaries is a fine of $2500 and a six month suspension to your registration certificate. The Department encourages all permit holders to contact the Department if any information has changed from the last application renewal and not to wait until the next renewal period to update. Please email Shantel.Sterling@palmspringsca.gov This includes:  Mailing addresses  Additional email addresses  Phone numbers  Local Contact Information June, 2021 DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE Contract Summaries Contract Summaries are required to be submitted prior to occupancy for Vacation Rental Properties (excluding Homeshares) Q: What are Contract Summaries? A: Contract Summaries are a summary of the rental contract for stays 28 days or less. This enables the Department of Special Program Compliance to monitor contract count limitations as defined in the municipal code 5.25.070(b) The contract submittal tool is located on our website. Submit Contract Summary The contract submittal tool will not allow submissions retroactively . All summaries must be submitted prior to occupancy. In this issue: Contract Summaries  Covid-19 Update Tourism Business Improvement District Vacation Rental and Homeshare Monthly Newsletter Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for the newsletter is to continue communication with stakeholders on topics of general concern on and between the months of the Quarterly Stakeholder Meeting. Future Stakeholder Meeting:  August 10, 2021-- 5:00 p.m. via Zoom. Call-in information will be posted to the Vacation Rental website when available. If you have topics that you would like to see discussed, please email vacation.rentals@palmspringsca.gov Tourism Business Improvement District (TBID) Starting July 1, 2021, Vacation Rental and Homeshare lodgings will begin paying the 1% TBID assessment on short term stays of 27 days or less. The Greater Palm Springs Convention & Visitors Bureau (CVB) has further information on their website: https:// www.visitgreaterpalmsprings.co m/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. The Department of Special Program Compliance 425 N Civic Dr, Palm Springs, CA, 92262 Covid-19 Update As of June 15, 2021, the Governor terminated the executive orders that put into place the Stay Home Order and the Blueprint for a Safer Economy. He also phased out the vast majority of executive actions put in place since March 2020 as part of the pandemic response, leaving a subset of provisions that facilitate the ongoing recovery. The new public health order effective June 15 supersedes all prior health orders. The order has limited restrictions, only related to masking and mega-events, as well as settings serving children and youth pending an expected update to the K-12 schools guidance by the Centers for Disease Control and Prevention. Restrictions that ended on June 15 include:  Physical distancing  Capacity limits on businesses  County tier system July, 2021 DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE Contract Summaries Contract Summaries are required to be submitted prior to occupancy for Vacation Rental Properties (excluding Homeshares) Q: What are Contract Summaries? A: Contract Summaries are a summary of the rental contract for stays 28 days or less. The contract submittal tool is located on our website. Submit Contract Summary Failure to comply with this requirement constitutes a violation of the PSMC and is subject to an Administrative Citation Penalty of $2,500 and a six-month suspension of the Vacation Rental Certificate, in accordance with PSMC section 5.25.090(d). In this issue: Contract Summaries  Meet and Greet Tourism Business Improvement District Vacation Rental and Homeshare Monthly Newsletter Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for the newsletter is to continue communication with stakeholders on topics of general concern on and between the months of the Quarterly Stakeholder Meeting. Future Stakeholder Meeting: UPDATED  September 1 , 2021 at 5:00 p.m. via Zoom. Call-in information will be posted to the Vacation Rental website when available. If you have topics that you would like to see discussed, please email vacation.rentals@palmspringsca.gov Tourism Business Improvement District (TBID) On July 1, 2021, Vacation Rental and Homeshare lodgings began paying the 1% TBID assessment on short term stays of 27 days or less. The Greater Palm Springs Convention & Visitors Bureau (CVB) has further information on their website: https:// www.visitgreaterpalmsprings.co m/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. The Department of Special Program Compliance 425 N Civic Dr, Palm Springs, CA, 92262 Meet and Greet Update The virtual check-in process, permitted only during the COVID emergency, has ended. The City of Palm Springs has resumed in-person meet and greets pursuant to PSMC 5.25.070(m). “The Owner or the Owner’s agent or representative shall meet the Responsible Party in person at the Vacation Rental or the Owner’s or Owner’s agent’s office prior to, or within twenty-four (24) hours of, the commencement of the occupancy and verbally explain and describe all rules and regulations applicable to the use of the property as a Vacation Rental and the responsibilities of the Responsible Party to the neighbors and the City as well as the Owner. The Owner shall secure the signature of the Responsible Party and all adult guests to a statement of rules and regulations …” August, 2021 DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE Contract Summaries Contract Summaries are required to be submitted prior to occupancy for Vacation Rental Properties (excluding Homeshares) Q: What are Contract Summaries? A: Contract Summaries are a summary of the rental contract for stays 28 days or less. The contract submittal tool is located on our website. Submit Contract Summary Failure to comply with this requirement constitutes a violation of the PSMC and is subject to an Administrative Citation Penalty of $2,500 and a six-month suspension of the Vacation Rental Certificate, in accordance with PSMC section 5.25.090(d). In this issue: Contract Summaries  Home Repairs Tourism Business Improvement District Vacation Rental and Homeshare Monthly Newsletter Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for the newsletter is to continue communication with stakeholders on topics of general concern on and between the months of the Quarterly Stakeholder Meeting. Future Stakeholder Meeting: POSTPONED • September 1 , 2021 at 5:00 p.m. via Zoom. Call-in information will be posted to the Vacation Rental website when available. If you have topics that you would like to see discussed, please email vacation.rentals@palmspringsca.gov Tourism Business Improvement District (TBID) On July 1, 2021, Vacation Rental and Homeshare lodgings began paying the 1% TBID assessment on short term stays of 27 days or less. The Greater Palm Springs Convention & Visitors Bureau (CVB) has further information on their website: https:// www.visitgreaterpalmsprings.co m/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. The Department of Special Program Compliance 425 N Civic Dr, Palm Springs, CA, 92262 Home Repairs at a Vacation Rental All home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 pm on Friday through 8:00 am on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonably warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection. September, 2021 DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE Contract Summaries Contract Summaries are required to be submitted prior to occupancy for Vacation Rental Properties (excluding Homeshares) Q: What are Contract Summaries? A: Contract Summaries are a summary of the rental contract for stays 28 days or less. The contract submittal tool is located on our website. Submit Contract Summary Failure to comply with this requirement constitutes a violation of the PSMC and is subject to an Administrative Citation Penalty of $2,500 and a six-month suspension of the Vacation Rental Certificate, in accordance with PSMC section 5.25.090(d). In this issue: Contract Summaries  Closing a VR/ Homeshare Certificate VR / Homeshare renewal Vacation Rental and Homeshare Newsletter Welcome to the Vacation Rental and Homeshare Newsletter. The goal for the newsletter is to continue communication with stakeholders on topics of general concern on and between the months of Quarterly Meetings. VACATION RENTAL STANDING SUBCOMMITTEE MEETING With Mayor Holstege and Councilmember Garner Monday, September 27, 2021 5:30 P.M. To join meeting, please use the following link: https://us02web.zoom.us/j/84629916043 Agenda is posted on the Vacation Rental Website. VR / Homeshare Renewal Annual registration renewal paperwork can be delivered in- person or mailed to our office located at 425 N Civic Dr. Palm Springs, CA 92262. Annual registration renewal paperwork must be complete or it will be returned. Emailed annual registration renewal documents are no longer accepted. For the list of annual registration renewal documents, please visit our VR Renewal page. The Department of Special Program Compliance 425 N Civic Dr, Palm Springs, CA, 92262 Closing a Vacation Rental/Homeshare Certificate Owners that have recently sold or looking to sell their Vacation Rental/Homeshare property or decided to stop renting their Vacation Rental/Homeshare property for short-term use will need to complete a Closure Form. Letting the Vacation Rental or Homeshare Certificate expire will not automatically close the property. Please email or mail completed form to: Shantel.Sterling@palmspringsca.gov or PO Box 2743, Palm Springs, CA 92263-2743.                     ATTACHMENT 7  VR Property Address: 3149VR Property Street Name: E Ventura RdCalendary Year Count of City ID #:2023 12023 1Qtr1 1Feb 1Grand Total 1100.20.40.60.811.2FebQtr120232023TotalTotal ATTACHMENT 8  Vacation Rental Code Compliance Officer Event Repor t Date Friday, May 13, 2022 Time 9:31 PM Friday, May 13, 2022 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Friday, May 13, 2022 Time arrived at the prope rty: 7:24 PMTime re ceived the compla int from the Hotline: 9:45 PM 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? My Palm Springs APP (Rattletech) Property Address 3149 E Ventura 92262 Is this a registered va cation re ntal? Yes Type of a Complaint Re ported: (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 ta k e a reading every two minute s Time dB level dB reading one 1925 44.2 dB reading two 1927 43.5 dB reading three 1929 46.8 Was there a Contra ct Summa ry on file for this property / guest stay? No Location of the noise source? Backyard 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 Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Roger Rodriguez Citation Number (if applicable) A6880Code Section Violated: Music at the property line 5.25.070(g)Tota l time amount witnessing the violation: 10 minutes Type of noise source? Speaker Wa s Citation issued? Yes Upon Arrival found the following: Music at the property lineCreate your own automated PDFs with Jotform PD F Editor- It’s f ree 1 Additional Notes: Arrived at the property at 1924 and observed the property f rom the street in front of the location. Could hear people upon our arrival singing "Happy Birthday" in the backyard. While taking decibel readings from the street on the east end of the property could clearly hear a violation for music amplified beyond the property line. Was able to use the app Shazam on my department issued cell phone to identify the song being played. Attempted to contact the occupants at the door but was having a hard time getting someone to come to the door. While at the door the ring doorbell lit up and the owner of the property started talking to us. She accused us of taking decibel readings from within the property line and not from the street. She proceeded to argue with us when we explained to her how we take our observations and the violation wasn't for decibel readings anyway. Eventually someone came to the door and the responsible renter, Roger, began talking to us. The entire time we were trying to talk with the renter the owner was yelling at us through the doorbell that what we were doing was wrong and that we were lying about where we took our readings. The renter stated they were listening to music in the back yard and even brought the speaker out to show us how small it was, which it actually wasn't. Citation issued f or Music Amplified Beyond the Property Line. No callback needed for the RP. Will be issuing citation f or No Contract Summary Submitted as well. ***Accidentally noted the location of the violation as 3249 E Ventura on the citation but should read 3149 E Ventura. 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: Cory Pisciuneri Create your own automated PDFs with Jotform PD F Editor- It’s f ree 2 Create your own automated PDFs with Jotform PDF Editor- It’s free 3 ATTACHMENT 9  Vacation Rental Code Compliance Officer Event Repor t Date Saturday, August 13, 2022 Time 7:05 PM Saturday, August 13, 2022 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Saturday, August 13, 2022 Time arrived at the prope rty: 6:12 PMProperty Address 3149 E Ventura Rd 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? My Palm Springs APP (Rattletech) 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 property Occupants being loud Was 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 1814 44.9 dB reading two 1816 44.0 dB reading three 1818 46.6 Location of the noise source? Backyard 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 Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Jaquelina Mier Citation Number (if applicable) A6723Code Section Violated: Music at the property line 5.25.070(g)Tota l time amount witnessing the violation: 10 minutes Create your own automated PDFs with Jotform PD F Editor- It’s f ree 1 Type of noise source? Speaker Wa s Citation issued? Yes Upon Arrival found the following: Music at the property line Additional Notes: A complaint for loud voices and music exceeding the property line was received via the CityApp. Arrived at the property at 18:13. From the street in front of the property, a violation for music amplif ied beyond the property line was observed. We contacted the occupants at the f ront door and briefly discussed the complaint received and the observed violation with the responsible renter, Jaquelina. Jaquelina stated that they thought that they could listen to music up until 10p. We then went over the rules in detail related to music and noise at vacation rental properties. Jaquelina and her guests were apologetic and stated that they would keep the music turned of f for the rest of their stay. A citation was issued. I followed up with the property owner, Armine, to discuss the complaint received and the observed violation. Armine stated that she told the guests the rules, and they are also posted inside the house. I followed up with the reporting party via email to advise of our f indings and the enforcement action taken. 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: Mitch Nabhan Code Compliance Officer Ema il: mitchell.nabhan@palmspringsca.gov Number of Code Officers re sponding to the event: 2 Code Officer Name #1: Mitch Nabhan Code Officer Name #2: Cory Pisciuneri Create your own automated PDFs with Jotform PD F Editor- It’s f ree 2