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HomeMy WebLinkAboutAB0434 - Nader PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: May 24, 2023 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT JUAN SEBASTIAN NADER 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 502 S. CALLE SANTA ROSA, PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Juan Sebastian Nader 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 502 S. Calle Santa Rosa, 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 JUAN SEBASTIAN NADER FOR THE PROPERTY LOCATED AT 502 S. CALLE SANTA ROSA, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0434 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 Item 5 - Page 1 Administrative Appeals Board Staff Report May 24, 2023 Vacation Rental Appeal – 502 S. Calle Santa Rosa, Palm Springs STAFF ANALYSIS: The owner for the property located at 502 S Calle Santa Rosa., Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on December 7, 2022. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 502 S Calle Santa Rosa, as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/719479450652531100 listed as “4Bed desert Oasis Getaway w/Pool &Gorgeous Views” ATTACHMENT 5 2. Advertisement Airbnb.com/rooms/719479450652531100 lists 1 review ATTACHMENT 5 3. A Code Compliance Officer submitted an online booking inquiry to stay during the dates January 6, 2023, to January 8, 2023 (2-nights); ATTACHMENT 6 4. A response was received by the Code Compliance Officer confirming availability for the dates January 6, 2023, to January 8, 2023 (2-nights); ATTACHMENT 6 Staff finds that the advertisement found on Airbnb.com/rooms/719479450652531100 and inquiry affirmation for the dates January 6, 2023 to January 8, 2023 (2-nights) for stay at property 502 S Calle Santa Rosa, is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0434, in the amount of $5,000, to Juan Sebastian Nader, 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: 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: Item 5 - Page 2 Administrative Appeals Board Staff Report May 24, 2023 Vacation Rental Appeal – 502 S. Calle Santa Rosa, Palm Springs (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.” Item 5 - Page 3 Administrative Appeals Board Staff Report May 24, 2023 Vacation Rental Appeal – 502 S. Calle Santa Rosa, Palm Springs Patrick Clifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0434 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0434 & citation letter 4 Copy of the Airbnb.com/rooms/719479450652531100 advertisement 5 Copy of Code Compliance Inquiry 6 Copy of the title report 7 THIS PORTION OF PAGE BLANK Item 5 - Page 4                     ATTACHMENT 1  Item 5 - Page 5 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 JUAN SEBASTIAN NADER 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 502 S. CALLE SANTA ROSA, 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 Juan Sebastian Nader did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 502 S. Calle Santa Rosa, 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. AB0434, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on December 7, 2022, to Juan Sebastian Nader for the property located at 502 S. Calle Santa Rosa, Palm Springs; and WHEREAS, Juan Sebastian Nader, filed an administrative appeal of the Administrative Citation No. AB0434 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 502S. Calle Santa Rosa, Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on May 24, 2023; and Item 5 - Page 6 Resolution No. Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Juan Sebastian Nader violated Section 5.25.040(a) of the Palm Springs Municipal Code by an advertisement on Airbnb.com/rooms/719479450652531100 for the property located at 502 S. Calle Santa Rosa, Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Juan Sebastian Nader violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 502 S. Calle Santa Rosa, Palm Springs and confirmed a period less than twenty-eight (28) days; January 6, 2023, to January 8, 2023 (2-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on May 24, 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 Juan Sebastian Nader is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 502 S. Calle Santa Rosa, 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 Juan Sebastian Nader is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 502 S. Calle Santa Rosa, Palm Springs and the fine of $5,000. Item 5 - Page 7 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, MMC, CERA 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, MMC, CERA City Clerk Item 5 - Page 8                     ATTACHMENT 2  Item 5 - Page 9 Item 5 - Page 10 Item 5 - Page 11                     ATTACHMENT 3  Item 5 - Page 12 Item 5 - Page 13 AB0434 C ITY OF PA LM S P RINGS Vacation Ren t al E nfo rcement Administrative Citation DAY OF WEEK W ed nes da TIME 12:1 9 I •Agent y{ P co pertyOwne, o Ot her NAME (First , Midd le , Last): Juan Sebastian Nader AD DR ESS 502 S Calle Santa Rosa CITY Pa l m Sp r ings DL or ID STAT E CA Z IP 92264 You are being issued an Administrative Citation for the following Code provision (s). Count PSMC Descript ion 1. 5.25 .040 (a) OPERATING A VACATION RENTAL W/OUT A VACATION RENTAL REG ISTRATION CERTIFI CATE COMPLIANCE ORDER ...,,_ You are ordered to correct or otherwise remedy this /the se violations by : 15 C A LE NDAR DA Y S FRO M MA ILI NG DAT E OF CITA T ION . }4. You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above . Payment must be paid in full by the comp li ance date to avoid additiona l penalties. The total CITATION PENALTY due is $5,000.00 . ADMINISTRATIVE FINE SCHEDULE V, First violation -Operating with out a Vacation Registration Certificate : J'<.. $5,000 .00 and permanent ineli gi bility to operate o Second vio la tion -Opera ting w ithout a Vacation Re gistration Certificate : $10 ,000 .00 o T hird violation -Operating w ithout a Vacation Registrat ion Certificate : $25 ,000.00 • First violation -Advert ising without pos t ing TOT/City number; operating without a contract ; failure to provide contract su mmary ; fai lure to pay TOT timely : $2 ,50 0 .00 and a 6-month suspensi on Othe r/D escription : Jason Whittaker-DSPC #15600 12/07/22 Date of Issuance Type of Serv ice • Personal ..,_ Mail COP Y TO PROPERTY OWNER/AGENT ; PROCESSING ; FILE Item 5 - Page 14 CITY OF PALM SPRINGS DEPARTMENT OF SPECIAL PROORAM COMPLIANCE ADMINISTRATIVE CITATION IMPORTAN T INFORMATION -PLEASE READ COMPLETELY AND CAREFULLY You have been issued an Administrative Citation for violation(s) as ind icated on the reverse . ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTIONAND/ORADDITIONALADMINISTRATIVE FINES . HOW TO PAY THE FINE The amount of fine is ind icated on the front of the Administrative Citation . The fine must be paid within fifteen (15) calendar days from the date the citation is mailed. Payment can be made by credit/debit card on-line at www.CitationProcessingCentercom or by calling 1-800-969-6158 . Payments are also accepted in the form of a cashie r 's check , personal check , or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any respons ibility and legal consequences for continuation or reported occurrences of the violation (s). Write the citation number on the check/money order, and mail it to the address below. (DO NOT send your payment to the City of Palm Springs Offices.) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach , CA 92658-7275 HOW TO APPEAL THIS CITATION A responsible party receiving an administrative citat io n may appeal such citation within fifteen (15) calendar days from the date the citation is mailed. The provisions of Palm Springs Municipal Code Chapter 2.50 will apply to appeals . An appeal must be filed in writing by using the applicable request for appeal form available from the City 's website at www.palmsprinqsca .gov OR www .psvacationrentalcompliance .com . If you choose to appea l this citation , payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board. Howeve r , you must pay the current appeal fee and submit the request for appea l form to the Palm Springs Office of the City Clerk no later than fifteen (15) calendar days from the date the citation is mailed. PAYMENT OF THE ADMINISTRATIVE FINE MUST BE SENT TO THE CITY'S CITATION PROCESSING CENTER IN NEWPORT BEACH SPECIFIED ABOVE. THE APPEAL FEE AND REQUEST FOR APPEAL FORM MUST BE SENT TO THE PALM SPRINGS OFFICE OF THE CITY CLERK. For questions, please see the City website listed above or contact the City of Palm Springs Vacation Rental Compliance Department. FAILURE TO ANSWER OR PAY PENALTY FOR VIOLATION($) Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordation of a special lien against your property. In addition, notification may be made to the State of California Franchise Tax Board . Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. Additional Enforcement Officer Notes: Item 5 - Page 15 ADMINISTRATIVE CITATION-$5,000.00 City of Palm Springs Department of Special Program Compliance 425 N Civic Drive , PO BOX 2743 , Palm Springs , CA 92263 Facsimile : 760-322-8317 Website : www. psvacation rentalcom pl iance. com Date of Issuance: December 7 , 2022 Property Address : 502 S Calle Santa Rosa Juan Sebastian Nader 502 S Calle Santa Rosa Palm Springs, CA 92264 Subject: Violation of the Palm Springs Municipal Code 5.25.040(a), 5.25.090(c) Operating a Vacation Rental without a Vacation Rental Registration Certificate You are hereby notified that a violat ion of Palm Springs Municipal Code Sect ion 5.25.040(a) has been determined to exist with respect to your ownership and use of the property referenced above . Accordingly , you are receiving this Administrative Citation # AB-0434 . Pursuant to Section 5.25.090(c), you are ordered to pay an administrative fine in the amount of five thousand dollars ($5,000.00). Further , you must cease operating and advertising as a Vacation Rental immediately, and you are permanently ineligible to operate a Vacation Rental in the ~ Also , pursuant to Section 5.25 .090(c), each future violation arising from your continued operation as an unpermitted Vacation Rental will result in an administrative fine in the amount of not less than ten thousand dollars ($10,000.00), and may result in the City of Palm Springs ' pursuit of civil and/or criminal remedies against you. Additional information concerning this violation is reflected below . As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15 ) days from the mailing date of this letter. Should you file an appeal , the appeal and hearing provisions of Palm Springs Municipal Code , Chapter 2.50 will apply . If you choose to appeal this citation , payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board . However, you must pay the current non-refundable appeal fee of $857.00 and submit the request for appeal form no later than fifteen (15 ) days from the mailing date of this letter. Please see the City website at www .psvacation rentalcompliance .com for the appeal form and further instructions. Note: Your administrative fine must be paid to the City 's Citation Process ing Center in Newport Beach ; and your appeal form and appeal fee must be sent to the Palm Springs , Attention : Office of the City Clerk. Item 5 - Page 16 Administrative Citation -Page two (2) Since you were operating a Vacation Rental without a Registration Certificate , please be advised that you are responsible for payment of back registration certificate fees and penalties (Resolution No . 23517) and back Transient Occupancy Tax (TOT), penalties and interest (PSMC 3 .24). Should you have any questions regarding this letter , please contact Patrick Clifford in the Office of Special Program Compliance ; at (760) 322-8372 , Monday through Thursday 8am- 6pm . Thank you for your prompt attention to this matter . Executive Program Administrator , Department of Special Program Compliance Description of the violations in this matter: Palm Springs Municipal Code Section 5 .25 .040(a) prohibits the operation of a Vacation Rental or a Homeshare in the City of Palm Springs without a Vacation Rental Registration Certificate . Section 5.25 .090 (c) provides the fines and penalties for operation of a Vacation Rental in the City of Palm Springs without a Vacation Rental Registration Certificate. We are aware that the address above was advertised as a short-term rental via https ://www.airbnb .com/rooms/719479450652531100 , "4Bed Desert Oasis Getaway w/Pool & Gorgeous Views ", on the date of December 2 , 2022 . We were able to obtain a booking preapproval for the dates of January 6 , 2023 through January 8 , 2023 . We have a copy of the advertisement(s) for our records. The City of Palm Springs has not issued a valid Vacation Rental Registrat ion Certificate for this property. THIS PORTION OF PAGE BLANK Item 5 - Page 17 Item 5 - Page 18 Item 5 - Page 19 Item 5 - Page 20                     ATTACHMENT 4  Item 5 - Page 21 AB0434 CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citat io n DAY OF WEEK Wednesda I• Agent jl Pmperty Owne, o Other NAME (Fi rst , Middle , Last): Juan Sebastian Nader TIME 12:1 9 DL or ID ADDRESS 502 S Calle Santa Rosa CIT Y Palm Sp ri ngs STATE CA ZIP 92264 You are being issued an Administrative Citation for the following Code provision(s). Count PSMC Descript ion 1. 5 .25 .040 (a) OPERATING A VACATION RENTAL W/OUT A VACATION RENTAL REGISTRATION CERTIFICATE COMPLIANCE ORDER "'If. You are ordered to correct or otherwise remedy this /these violations by : 15 CALENDAR DAYS FROM MAILING DATE OF CITATION . ~ You are further ordered to pay an Administrative Fine as prescribed in the sched ule below for each count listed above . Payment must be paid in full by the compliance date to avo id ad dition al penalties . The total CITATION PENALT Y due is $5,000 .00 . ADMINISTRATIVE FINE SCHEDULE V. First violation -Operating without a Vacation Registration Certificate : 1' $5 ,000 .00 and permanent inel igibility to operate • Second violation -Operati ng w itho ut a Vacation Re gis tra tion Certificate : $10,000 .00 o Third violation -Operat ing without a Vacation Reg ist ra tion Ce rt ificate : $25 ,000 .00 o Firs t violation -Advertising without posting TOT/City number; operating wit hout a con tract ; fai lure to prov ide contract summary ; failure to pay TOT time ly: $2 ,500 .00 and a 6-month suspensi on Other/Description : Jason Whittaker-DSPC #15600 12/07/22 Date of Issuance Type of Service • Personal ..,_Mail COPY TO PROPERTY OWNER/AGENT ; PROCESS ING ; FILE Item 5 - Page 22 CITY OF PALM SPRINGS DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION -PLEASE READ COMPLETELY AND CAREFULLY You have been issued an Adm inistrative Citation fo r v iolation (s) as indicated on the reverse .ADDITIONAL VIOLAT IONS MAY RESU LT IN THE CRIMINAL PROSECUTIONAND/ORADD ITIONALADMINISTRATIVE FINES . HOW TO PAY THE FINE The amount of fine is indicated on the front of the Ad ministrat ive Citation . The fine must be paid within fifteen (15) calendar days from the date the citation is ma i I ed . Payment can be made by credit/debit card on-line at www.CitationProcessingCenter.c om or by calling 1-800-969-6158 . Payments are also accepted in the form of a cashie r's check , personal check , or money order payab le to the City of Palm Springs . Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation (s). W ri te the citation number on the check/money order, and mai l it to the address below. (DO NOT send your payment to the City of Palm Springs Offices.) City of Palm Springs Admin istrative Citation Program P.O. Box 7275 Newport Beach , CA 92658 -72 75 HOW TO APPEAL THIS CITATION A responsible party receiving an admin istrative citation may appea l such citation within fifteen (15) calendar days from the date the citation is ma i led . The provisions of Palm Springs Municipa l Code Chapter 2.50 will apply to appeals . An appeal must be filed in writing by using the applicable request for appeal form avai lable from the City 's website at www.palmspringsca .gov OR www .psvacationrentalcompliance .com . If you choose to appeal this citation , payment of the administrative fine is suspended pending a final decision by the Adm inistrat ive Appeals Board . However, you must pay the current appeal fee and submit the request for appea l form to the Palm Springs Office of the City Clerk no later than fifteen (15) calendar days from the date the citation is ma iled. PAYMENT OF THE ADMINISTRATIVE FINE MUST BE SENT TO THE CITY'S CITATION PROCESSING CENTER IN NEWPORT BEACH SPECIFIED ABOVE. THE APPEAL FEE AND REQUEST FOR APPEAL FORM MUST BE SENT TO THE PALM SPRINGS OFFICE OF THE CITY CLERK. For questions, please see the City website listed above or contact the City of Palm Springs Vacation Rental Compliance Department. FA ILURE TO ANSWER OR PAY PENALTY FOR VIOLATION(S) Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional adm i nistrative fines and the recordation of a special lien against your property. In addition, notification may be made to the State of California Franchise Tax Board . Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. Additional Enforcement Officer Notes: Item 5 - Page 23 ADMINISTRATIVE CITATION-$5,000.00 City of Palm Springs Department of Special Program Compliance 425 N C ivic Drive , PO BOX 27 43 , Palm Springs , CA 92263 Facsimile : 760-322-8317 Website : www.psvacationrentalcompliance .com Date of Issuance : December 7 , 2022 Property Address : 502 S Calle Santa Rosa Juan Sebastian Nader 502 S Calle Santa Rosa Palm Springs, CA 92264 Subject: Violation of the Palm Springs Municipal Code 5.25.040(a), 5.25.090(c) Operating a Vacation Rental without a Vacation Rental Registration Certificate You are hereby notified that a violation of Palm Springs Municipal Code Section 5 .25 .040(a ) has been determined to exist with respect to your ownership and use of the property referenced above. Accordingly , you are receiving this Administrative Citation # AB-0434 . Pursuant to Section 5.25.090(c), you are ordered to pay an administrative fine in the amount of five thousand dollars ($5,000.00). Further , you must cease operating and advertising as a Vacation Rental immediately, and you are permanently ineligible to operate a Vacation Rental in the ~ Also , pursuant to Section 5 .25 .090(c), each future violation arising from your continued operation as an unpermitted Vacation Rental will result in an administrative fine in the amount of not less than ten thousand dollars ($10,000.00), and may result in the City of Palm Springs ' pursuit of civil and/or criminal remedies against you . Additional information concerning this violation is reflected below . As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal , the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2 .50 will apply. If you choose to appeal this citation , payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board . However, you must pay the current non-refundable appeal fee of $857 .00 and submit the request for appeal form no later than fifteen (15) days from the mailing date of this letter. Please see the City website at www.psvacationrentalcompliance .com for the appeal form and further instructions . Note : Your administrative fine must be paid to the City 's Citation Processing Center in Newport Beach ; and your appeal form and appeal fee must be sent to the Palm Springs, Attention : Office of the City Clerk . Item 5 - Page 24 Administrative Citation -Page two (2) Since you were operating a Vacation Rental without a Registration Certificate , please be advised that you are responsible for payment of back registration certificate fees and penalties (Resolution No. 23517) and back Transient Occupancy Tax (TOT), penalties and interest (PSMC 3 .24). Should you have any questions regarding this letter , please contact Patrick Clifford in the Office of Special Program Compliance ; at (760) 322-8372 , Monday through Thursday 8am- 6pm . Thank you for your prompt attention to this matter. Executive Program Administrator , Department of Special Program Compliance Description of the violations in this matter: Palm Springs Municipal Code Section 5.25.040(a) prohibits the operation of a Vacation Rental or a Homeshare in the City of Palm Springs without a Vacation Rental Registration Certificate. Section 5.25 .090 (c) provides the fines and penalties for operation of a Vacation Rental in the City of Palm Springs without a Vacation Rental Registration Certificate. We are aware that the address above was advertised as a short-term rental via https://www.airbnb .com/rooms/719479450652531100 , "4Bed Desert Oasis Getaway w/Pool & Gorgeous Views ", on the date of December 2 , 2022 . We were able to obtain a booking preapproval for the dates of January 6 , 2023 through January 8 , 2023 . We have a copy of the advertisement(s) for our records . The City of Palm Springs has not issued a valid Vacation Rental Registration Certificate for this property . THIS PORTION OF PAGE BLANK Item 5 - Page 25                     ATTACHMENT 5  Item 5 - Page 26 12/4/22 , 11 :44 AM 4Bed Desert Oas is Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Sp rings, California , United States -Air bnb 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views 1 revi ew . ~RJ:ing s. 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After a sma ll hiccup at check in, Sebastian showed outst anding response both in time and action. Great location and good for extended famil y of couples group to stay. https ://www.airbn b.co m/roo ms /7 194 7945 065 253 11 00?so urce _impression_id=p3_ 1670183082_ SAoeGhJ F9 %2 BlniCqu 2/5 Item 5 - Page 28 12/4/22, 11 :44 AM Show more> Where you 'll be 4 Bed Dese rt Oasis Getaway w/Pool & Gorgeou s Views -Houses for Rent in Palm Springs , Californ ia, U nited Sta tes -Airbnb Palm Sprin gs, California , United States 5 minute walk to downtow n! Show mo re> Hosted by Sebastian Joined in December 20 15 * 247 Reviews tJ Identity verified f.il Airbnb.org supporter During your stay Guest s have fu ll access and comp lete p ri vacy inside the home and may enj oy fu ll use of out door amenities as well. Instructions for access, check-in , checkout and directions t o the home are provided in the house manua l on Airbnb . When check ing out, please b e sure all windows and doors are locked prio r to your departure. Languages : English , Italiano, Portugues, Espanol Response rate: 100% Response time: within an hour Contact Host To protect your payment , never t ra ns fer money or co m municate outside of the Airbnb website or app. Things to know House rules 0 Check-in : Af ter 4:00 PM 0 Checkout: 10:00 AM II Se lf check-in wit h smart lock ~ https://www.ai rb nb .com /rooms /7194 794506525311 00?sou rce_impression_id=p3 _ 1670183082 _ SAoeGhJ F9%2 Blni Cqu 3/5 Item 5 - Page 29 12/4/22, 11:4 4 A M No smoking ~ No pets ~ No parties or events Show more> Health & safety 4B ed Desert O asis Getaway w/Pool & Gorgeou s Views -Houses for Rent in Palm Springs , Califo rni a, U nited State s -Airbnb 0 Sec urity camera/reco rd ing device Show more 0 Pool/hot tub without a gate or lock II Carbon monoxide alarm 0 Smoke alarm ~ Not suitab le for infants (under 2 yea r s) Show more> Cancellat ion policy Add your trip dates to get the cancellation details for this stay. Adddates > Suppo rt He lp Center AirCover Supporting people with disabilities Ca ncellation options Our COVID-19 Response Report a neighborhood concern Community Airbnb.org: disaster relief housing Combating discrimination Hosting A irbnb yo ur home A irCover for Hosts Exp lore hosting resou rce s Visit o ur community forum How to host respons ibly Airbnb Newsroo m Learn about new features Letter from our founders Careers Investors Gift cards @ Engl ish (US ) $ USO © 2022 A ir bnb, Inc. https://www.airbnb .com/rooms/7194 794506525311 00 ?source_impression_id =p3_ 1670183082 _ SAoeGhJF9 %2Blni Cqu 4/5 Item 5 - Page 30 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , California , United States -Airbnb https://www.airbnb.com/rooms/7194 794506525311 00?source _impression _id=p3 _ 1670183082_ SAoeGhJF9%2B lniCqu&modal =PHOTO _TOUR_ SC.. 1 /14 Item 5 - Page 31 12/4/22, 11 :45 AM 4Bed Desert Oasis Getaway w /Pool & Gorgeous Views -Houses for Rent in Palm Springs , California , United States -Airbnb https://www.airbnb .com/rooms/71 94 7945065253 11 00 ?source _impression _id=p3 _ 16 70183082 _ SAoeGhJ F9 %2 Blni Cqu&modal=P HOTO _ TOUR_ SC... 2/14 Item 5 - Page 32 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , Cal ifornia , United States -Airbnb https ://www.airbnb .com/rooms/7194 7945065253 11 00 ?source _impression _id=p 3_ 1670183082 _ SAoeGhJF9 %2B lniCqu&modal=PHOTO _ TOUR_SC .. 3/14 Item 5 - Page 33 12/4/22, 11 :45 AM 4Bed Des ert Oa s is Getaway w/Poo l & Gorgeous Views -Houses for Rent in Palm Springs , Californ ia, Unite d States -Air bnb https ://www.a irbn b .co m/roo ms /7194 794506525311 00?source _impression _id=p3 _ 1670183082 _ SAoeGhJ F9%2 BlniCq u&moda l=PHOTO _TOUR_ SC.. 4/14 Item 5 - Page 34 12/4/22, 11 :45AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , Cal ifornia , United States -Air bnb https://www.airbnb .com /rooms/7194 794506525 3 11 0 0?source _impress io n _i d=p 3_1670183082_ SAoeGhJF9 %2BlniCqu&modal=PHOTO _TOUR_ SC .. 5/14 Item 5 - Page 35 12/4/22, 11 :45 AM 4Bed Desert Oas is Getaway w /Pool & Gorgeous Views -Houses for Rent in Palm Springs , Californ ia , United States -Air bnb I https://www.airbn b.com/rooms /7194 794506525311 00?source_impression_id=p3_1670183082_SAoeGhJ F9 %2B lniCqu&moda l=PHOTO _ TOUR_ SC.. 6/14 Item 5 - Page 36 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous V iews -Houses for Rent in Palm Springs , Californ ia , United States -Airbnb https://www.a irbn b.com /rooms/7194 7945065253 11 00 ?so urce _impress ion _id =p 3_16701 830 82 _ SAoeGhJ F9 %2BlniCqu&modal=PH OTO _ TOUR_SC .. 7 /14 Item 5 - Page 37 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , California, United States -Airbnb https://www.airbnb .com /rooms/7194 7945065253 11 00 ?source_impress ion_id=p3 _ 1670183082_ SAoeGhJF9 %2B lniCqu&modal=P HOTO _TOUR_ SC.. 8/14 Item 5 - Page 38 12/4/22 , 11 :45 AM 4Bed Desert Oas is Getaway w/Pool & Gorgeous V iews -Houses for Rent in Palm Spr ings , California , United States -Airbnb https ://www.airbnb .com/rooms/7194 7945065253 11 00 ?source _i mpre ss ion _id=p3_16701 830 82_ SAoeGhJ F9 %2BlniCqu&modal=PHOTO _TOUR_ SC .. 9/14 Item 5 - Page 39 12/4/22 , 11 :45 AM 4Bed Desert Oas is Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , Californ ia , United States -Air bnb https://www.airbnb.com /rooms/7194 7945065253 11 00 ?source _impress ion _id=p3_1670183082_ SAoeGhJF9 %2BlniCqu&modal=PHO TO _TOUR_ S .. 10/14 Item 5 - Page 40 12/4/22, 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , California , United States -Air bnb https://www.airbnb .c om/rooms/7194 794506525311 00?source _impression _i d=p3 _ 1670183082 _ SAoeGhJ F9 %2B lni Cqu&modal=PHOTO _TOUR_ SC.. 11 /14 Item 5 - Page 41 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w /Pool & Gorgeous Views -Houses for Rent in Palm Springs, Cal ifornia, United States -Airb nb https ://www.a irbnb .co m/rooms/7194 794506525311 00?source _impression _id=p3 _ 1670183082 _ SAoeGhJ F9 %2B lniCqu&modal=PHOTO _TOUR_ S .. 12/14 Item 5 - Page 42 12/4/22, 11 :45 AM 4Bed Desert Oas is Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , California , United States -Airbnb https://www.airbnb.com/rooms/7194 794506525311 00 ?source _impression_id=p3 _ 1670183082 _ SAoeGhJ F9 %2B lniCqu&modal=P HOTO _TOUR_ S .. 13/14 Item 5 - Page 43 12/4/22 , 11 :45 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Spring s , Cal ifornia , United States -Airbnb https ://www.airbnb .com /rooms/7194 79450652531 1 00?source _impress ion_id=p3_1670183082 _ SAoeGhJF9 %2BlniCqu&modal=PHOTO _TOUR_ S ... 14/14 Item 5 - Page 44 12/4/22 , 11 :47 AM 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views -Houses for Rent in Palm Springs , California, United States -Airbnb X 1 review Average rating will appear after 3 reviews ( Q Sear ch reviews ) November 2022 After a small hiccup at check in, Sebastian showed outstanding response both in time and action. Great location and good for extended family of coup les group to stay. https://www.airbnb.com /rooms/7194 79450652531100 /reviews?source _impression _id=p3 _ 1670183204 _ UnqYfsU6JP89weRl&scroll_to _review=75952 .. 1 /1 Item 5 - Page 45                     ATTACHMENT 6  Item 5 - Page 46 12 /4/22, 11 :43 AM Messages • Airbnb < Sebastian Res ponse time: 1 hour •• Dec 2, 2022 0::, Inquiry sent • 3 guests, Jan 6 • Jan 8 Wayne 5:19 PM Hi there, your place looks great for my birthday weekend away from LA. I just wanted to know if the pool is heated? If not, its not a problem, but would be nice to be out in the pool if it is heated. Thanks! 0::, Ready to book • 3 guests, Jan 6 • Jan 8 Sebastian s:22 PM Hello Wayne! Yes, the pool has the ability to be heated , but there is a 1 time fee of $80 and $20 per day after that. Let me know if you have any other questions. Thank you . Wayne 5:23 PM Ok , great. Thank you for that. Sebastian 5:46 PM Anytime Wayne. Let me know if you 're sti ll inte rested and I can waive the pool heater fee. Thanks! Dec 3,2022 0::, Invitation to book expired Sebastian's invitation to book their home has expired If their home is your first choice , you can still request to book it. Or, you c an browse other homes available nearby. Re uest to Book https ://w ww.a irb nb.com/guest/in box/1343350662?ttype=home _ book ing 1/4 Item 5 - Page 47 12/2/22 , 6:41 PM Gmai l -Invitation to book Sebastian 's pla ce in Palm Sprin gs Gmail Invitation to book Sebastian's place in Palm Springs Ai~com> To~ Fri , Dec 2 , 2022 at 5 :2 2 PM Sebastian has invited you to book their home in Palm Springs! After reading your message , Sebastian inv ited you to book 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views for Jan 6 - 8 . (9 You have until 5:22 PM PST on Dec 3 to book your reservation before their invitation expires. Finish booking https://mai l.g oogle.co m/mail/u/0/?ik=ed92fe3bb3&view=pt&searc h=all&permmsg id=msg-f%3A 1751153930600964900&simpl=msg-f%3A 17511539306 ... 1 /2 Item 5 - Page 48 12/2/22 , 6 :41 PM Gmail -Invitation to boo k Sebastian's place in Palm Sprin gs 4Bed Desert Oasis Getaway w/Pool & Gorgeous Views Entire home/apt hosted by Sebastian Check In Fri Jan 6 , 2023 Check-in is anytime after 4:00 PM Check Out Sun Jan 8 , 2023 Checkout by 10:00 AM Guests 3 adults Total cost $2,145.41 Airbnb , Inc. 888 Brannan St. San Francisco, CA 94103 , USA https://mail.goog le.com /mai l/u /0/?ik=ed92fe3bb3&view=pt&search=all&permmsg id=msg-f%3A 1751153930600964900&simpl=msg-f%3A 17 511539306. .. . 2/2 Item 5 - Page 49                     ATTACHMENT 7  Item 5 - Page 50 Site Address: 502 S CALLE SANT A ROSA PALM SPRINGS, CA 92264-7204 Mail Address: 502 S CALLE SANTA ROSA PALM SPRINGS, CA 92264-7204 Primary Owner (s): NADER JUAN SEBASTIAN Baths (F/H): 3 / 0 Total Rooms: 0 Zoning: R2 Number of Stories: 1.0 Transfer Date: 3/6/2020 Transfer Value: $550,000.00 First Loan Amt: $540,038.00 Assessed Value: $561,000.00 Land Value: $142,800.00 Improvement Value: $418,200.00 APN: 508-124-001 Census Tract: 044806 Housing Tract Number: Legal Block/Lot: LOT:70 BLOCK: Legal Description: LOT 70 MB 015/087 VISTA SANTA ROSA Subdivision: VISTA SANT A ROSA Property County RIVERSIDE COUNTY Vesting: UNMARRIED MAN Year Built: 1957 Use Code: TRIPLEX Number of Units: 3 Building Style: Seller: DUARTE M IKE M SUSANA Cost/Sq Feet: $323.53 Lender: PARAMOUNT RESIDENTIAL MORTGAGE Percent Improvement: 74.55% Tax Amount: $7,992.80 Delinquent Year: SQFT: 1700 Lot Size: 6534 Garage: CARPORT (1) Coords: 33.8156697054268, -116.542680031928 Document: 2020.348253 Title Company: LAWYERS TITLE COMPANY Homeowner Exemption: Tax Rate Area: 01-060 Tax Year: 2022 Item 5 - Page 51