HomeMy WebLinkAboutAB0457- Brodfuehrer;Lopez Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: April 26, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT JAMES SEAN
BRODFUEHRER 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 2548
N. AURORA DR., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
James Brodfuehrer & Manuella J. lopez have requested an appeal on behalf of James
Sean Brodfuehrer regarding 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 2548 N. Aurora Dr., 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 JAMES SEAN BRODFUEHRER FOR THE PROPERTY LOCATED
AT 2548 N. AURORA DR., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0464 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
April 26, 2023
Vacation Rental Appeal – 2548 N. Aurora Dr., Palm Springs
Background
The Department of Special Program Compliance received an application for a Vacation
Rental Registration Certificate on December 12, 2022. On December 16. 2022, a safety
inspection for the property was completed by a Code Compliance Officer. The safety
inspection resulted in a passed inspection. A copy of the result was emailed to a Gmail
account, provided by the owner in their application.
The email submitted to the contact email provided contains verbiage in the inspector
notes stating the following:
******** IMPORTANT MESSAGE FOR NEW APPLICANTS ********
DO NOT ADVERTISE OR RENT YOUR PROPERTY SHORT TERM UNTIL YOU HAVE
RECEIVED WRITTEN AUTHORIZATION FROM THE DEPARTMENT OF SPECIAL
PROGRAM COMPLIANCE. PASSING THIS SAFETY INSPECTION DOES NOT
GRANT PERMISSION TO ADVERTISE, OPERATE OR RENT YOUR PROPERTY
SHORT-TERM. PASSING THIS SAFETY INSPECTION DOES NOT GUARANTEE THE
ISSUANCE OF A PERMIT.
This application was placed on hold due to the issuance of citation AB0457.
STAFF ANALYSIS:
The owner for the property located at 2548 N. Aurora Dr., Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on January 15, 2023.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2548 N. Aurora Dr., as a Vacation Rental from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/797888665848808816 listed as “Chic
Modern Zen Oasis with Pool!” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/797888665848808816 lists “Minimum Stay”
6 nights” ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates March 16, 2023 to March 23, 2023 (7-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates March 16, 2023 to March 23, 2023 (7-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/797888665848808816 and
inquiry affirmation for the dates March 16, 2023 to March 23, 2023 (7-nights) for stay at
property 2548 N. Aurora Dr., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0464, in the amount of $5,000, to James Sean Brodfuehrer, the
owner on title, for operating a Vacation Rental without a Vacation Rental Registration
Administrative Appeals Board Staff Report
April 26, 2023
Vacation Rental Appeal – 2548 N. Aurora Dr., Palm Springs
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:
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 Appeals Board Staff Report
April 26, 2023
Vacation Rental Appeal – 2548 N. Aurora Dr., Palm Springs
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.”
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0457 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0457 & citation letter 4
Copy of the Airbnb.com/rooms/797888665848808816 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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 JAMES
BRODFUEHRER 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 2548 N. AURORA DR.,
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 James Brodfuehrer did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2548 N. Aurora Dr., 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. AB0457, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on February 4, 2023, to
James Brodfuehrer for the property located at 2548 N. Aurora Dr., Palm Springs; and
WHEREAS, James Brodfuehrer & Manuella J. Lopez, filed an administrative
appeal of the Administrative Citation No. AB0457 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 2548 N. Aurora Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on April 26, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
James Brodfuehrer violated Section 5.25.040(a) of the Palm Springs Municipal Code by
Resolution No.
Page 2
an advertisement on Airbnb.com/rooms/797888665848808816 for the property located
at 2548 N. Aurora Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence James
Brodfuehrer violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 2548 N. Aurora Dr., Palm
Springs and confirmed a period less than twenty-eight (28) days; March 16, 2023 to
March 23, 2023 (7-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on April 26, 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
James Brodfuehrer is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2548 N. Aurora Dr., 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
James Brodfuehrer is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2548 N. Aurora Dr., 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
NOTICE OF ADMINISTRATIVE HEARING
CITY OF PALM SPRINGS, CALIFORNIA
BEFORE THE
ADMINISTRATIVE APPEALS BOARD
TO: James Brodfuehrer or Manuella Lopez
NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal
Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program
Compliance, Violation of the Palm Springs Municipal Code 5.25, with respect to vacation rental
operations located at 2548 N. Aurora Dr., Palm Springs, CA. 92262.
Hearing Date: April 26, 2023
Hearing Time: 4:30 p.m.
Location: City Hall Large Conference Room
3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262
The Administrative Appeals Board requests that if you have supplemental documentation/evidence, that
you provide such documentation 24-hours in advance of the hearing. You may submit your
documentation in person or via email at CityClerk@palmspringsca.gov. Documentation submitted at the
meeting will be accepted; however, if the Board does not think it has adequate time to review your
documentation, your appeal hearing may be continued to a future meeting.
A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in
advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at
CityClerk@palmspringsca.gov.
AFFIDAVIT OF MAILING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, do hereby certify
that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the
address above, on April 18, 2023.
I declare under penalty of perjury that the foregoing is true and correct.
Cassandra Edney
Deputy City Clerk
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7