HomeMy WebLinkAboutAB0490 - Ridha PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: May 24, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT INTISAR SADOON
AND BASIM MUHIDEAN ARE 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 505 S.
Farrell Dr., #B14, PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Dina Ridha, on behalf of Intisar Sadoon and Basim Muhidean, 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 505 S. Farrell Dr., #B14, 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 INTISAR SADOON AND BASIM MUHIDEAN FOR THE PROPERTY
LOCATED AT 505 S. FARRELL DR., #B14, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0490 ISSUED IN THE AMOUNT
OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION
RENTAL IN THE CITY OF PALM SPRINGS
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Item 7 - Page 1
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –505 S. Farrell Dr., Unit B14
STAFF ANALYSIS:
The owners for the property located at 505 S. Farrell Dr., #B14, Palm Springs did not hold
a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on February 5, 2023.
Staff has determined that the owners have, without a Registration Certificate, advertised
and operated the property at 505 S. Farrell Dr., #B14, as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/53545750 listed as “Fully Renovated 2-
Bedroom condo w/ Pool, Spa, Yoga” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/53545750 lists 34 reviews
ATTACHMENT 5
3. Advertisement Airbnb.com/rooms/53545750 lists minimum night stay: 6-nights
ATTACHMENT 5
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates April 5, 2023, to April 12, 2023 (7-nights); ATTACHMENT 6
5. A response was received by the Code Compliance Officer confirming
availability for the dates April 5, 2023, to April 12, 2023 (7-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/53545750 and inquiry
affirmation for the dates April 5, 2023, to April 12, 2023 (7-nights) for stay at property 505
S. Farrell Dr., #B14, is in violation of §5.25.040(a) and proceeded to issue Administrative
Citation AB0490, in the amount of $5,000, to Intisar Sadoon and Basim Muhidean, the
owners 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.
Item 7 - Page 2
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –505 S. Farrell Dr., Unit B14
Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative
fine:
(c) Any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City for the payment of transient
occupancy tax pursuant to the provisions of the Palm Springs Municipal
Code Chapter 3.24, including without limitation penalties and interest,
payment of an administrative fine in the amount of Five Thousand Dollars
($5,000.00), and permanent ineligibility to operate a Vacation Rental in the
City…”
Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining
“Operation” of a Vacation Rental to include the following:
1. “Advertisement” of the property means on any web-based advertising,
hosting platform, print media, bulletin, signage, radio, and television or
on any other medium for the purposes of promoting interest in, testing
the market for, or soliciting the occupancy of a property for a period of
twenty-eight (28) consecutive days or less.
2. An owner, agent or other representative of the owner has an interest in
rental, exchange, trade, gift, or grant of a guest stay at a property of less
than twenty-eight (28) consecutive days or less.
3. An owner, agent or any other representative of the owner interacts with
another party whether directly or indirectly through personal or
digital/electronic contact with the intent to provide availability of the
property for occupancy of 28 days or less, or to complete a rental and/or
reservation of the property for future occupancy of 28 days or less.”
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Item 7 - Page 3
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –505 S. Farrell Dr., Unit B14
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0490 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0490 & citation letter 4
Copy of the Airbnb.com/rooms/53545750 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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Item 7 - Page 4
ATTACHMENT 1
Item 7 - 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 INTISAR SADOON
AND BASIM MUHIDEAN ARE 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 505 S. FARRELL DR.,
#B14, 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 Intisar Sadoon and Basim Muhidean did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 505 S. Farrell Dr.,
#B14, 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. AB0490, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on March 7, 2023 to
Intisar Sadoon and Basim Muhidean for the property located at 505 S. Farrell Dr., #B14;
and
WHEREAS, Dina Ridha, on behalf of Intisar Sadoon and Basim Muhidean, filed
an administrative appeal of the Administrative Citation No. AB0490 operating a Vacation
Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000
for the property located at 505 S. Farrell Dr., #B14, 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 7 - Page 6
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Intisar Sadoon and Basim Muhidean violated Section 5.25.040(a) of the Palm Springs
Municipal Code by an advertisement on Airbnb.com/rooms/53545750 for the property
located at 505 S. Farrell Dr., #B14; and
WHEREAS, the Administrative Appeals Board was presented evidence Intisar
Sadoon and Basim Muhidean violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 505 S.
Farrell Dr., #B14 and confirmed a period less than twenty-eight (28) days; April 5, 2023,
to April 12, 2023 (7-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 Intisar
Sadoon and Basim Muhidean are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 505 S. Farrell
Dr., #B14 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
Intisar Sadoon and Basim Muhidean are permanently ineligible to operate a
Vacation Rental in the City of Palm Springs, including the property located at 505
S. Farrell Dr., #B14 and the fine of $5,000.
Item 7 - 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
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