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Home My WebLink AboutAB0484 - Nasuuna Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: June 28, 2023 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT WINNIE NASUUNA AND JULIUS MUSENZE 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 3155 E. RAMON RD., #311, PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Winnie Nasuuna and Julius Musenze have 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 3155 E. Ramon Rd., #311, 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 THE ADMINISTRATIVE DECISION THAT WINNIE NASUUNA AND JULIUS MUSENZE 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 3155 E. RAMON RD., #311, PALM SPRINGS, CALIFORNIA THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report June 28, 2023 Vacation Rental Appeal – 3155 E. Ramon Rd., # 311, Palm Springs BACKGROUND: On March 10, 2022, The Department of Special Programs received an application for a Vacation Rental Registration Certificate for the property located at 3155 E. Ramon Rd., #311. This application was retuned with a letter response advising of missing materials. Attachment 5 STAFF ANALYSIS: The owners for the property located at 3155 E. Ramon Rd., #311, Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on February 24, 2023. Staff has determined that the owners have, without a Registration Certificate, advertised and operated the property at 3155 E. Ramon Rd., #311, as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/46949011 listed as “Three Bedroom/Two Bath Condo, fully furnished.” ATTACHMENT 6 2. Advertisement Airbnb.com/rooms/46949011 lists “Minimum stay: 7 nights ATTACHMENT 6 3. Advertisement Airbnb.com/rooms/46949011 lists 10 reviews ATTACHMENT 6 4. A Code Compliance Officer submitted an online booking inquiry to stay during the dates April 6, 2023, to April 13, 2023 (7-nights); ATTACHMENT 7 5. A response was received by the Code Compliance Officer confirming availability for the dates April 6, 2023, to April 13, 2023 (7-nights); ATTACHMENT 7 Staff finds that the advertisement found on Airbnb.com/rooms/46949011 and inquiry affirmation for the dates April 6 to April 13 (7-nights) for stay at property 3155 E. Ramon Rd., #311, is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0484, in the amount of $5,000, to Winnie Nasuuna and Julius Musenze, 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,…” Administrative Appeals Board Staff Report June 28, 2023 Vacation Rental Appeal – 3155 E. Ramon Rd., # 311, Palm Springs 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 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.” Administrative Appeals Board Staff Report June 28, 2023 Vacation Rental Appeal – 3155 E. Ramon Rd., # 311, Palm Springs Patrick Clifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0484 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0484 & citation letter 4 Rejection Letter 5 Copy of the Airbnb.com/rooms/46949011 advertisement 6 Copy of Code Compliance Inquiry 7 Copy of the title report 8 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 WINNIE NASUUNA AND JULIUS MUSENZE 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 3155 E. RAMON RD. #311, 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, Winnie Nasuuna and Julius Musenze did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 3155 E. Ramon Rd. #311, 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. AB0458, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on February 28, 2023, to Winnie Nasuuna and Julius Musenze for the property located at 3155 E. Ramon Rd. #311, Palm Springs; and WHEREAS, Winnie Nasuuna and Julius Musenze, filed an administrative appeal of the Administrative Citation No. AB0458 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 3155 E. Ramon Rd. #311, Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on June 28, 2023; and Resolution No. Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Winnie Nasuuna and Julius Musenze violated Section 5.25.040(a) of the Palm Springs Municipal Code by an advertisement on Airbnb.com/rooms/46949011 for the property located at 3155 E. Ramon Rd. #311, Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Winnie Nasuuna and Julius Musenze violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 3155 E. Ramon Rd. #311, Palm Springs and confirmed a period less than twenty-eight (28) days; April 6, 2023 to April 13, 2023 (7-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on June 28, 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 Winnie Nasuuna and Julius Musenze are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3155 E. Ramon Rd. #311, 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 Winnie Nasuuna and Julius Musenze are permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3155 E. Ramon Rd. #311, 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, 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 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 3/10/2022 Winnie Nasuuna 1222 Palmas Ridge Palm Springs, CA 92262 City of Palni Springs Office of Special Programs 425 North Civic Drive • Palm Springs, California 92262 Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov RE: Vacation Rental Appli9ation -3155 E Ramon Rd# 311 Hello, The Department of Special Program Compliance is in receipt of your application for a Vacation Rental Registration Certificate for the property located at 3155 E Ramon Rd # 311. Please note we are returning the submitted documents. We are unable to process the application as the application is incorrect and incomplete. Please review the necessary documents below. Necessary Documents • Property records indicate that the home is owned solely by Winnie Nasuuna. "Owner Name" and "Owner Signature" on all documents should represent legal ownership. • Copy of Driver's License or government issued ID for the property owner Winnie Nasuuna. • A Letter from the HOA Board or Management Company stating that this specific Vacation Rental will not violate CC&Rs or other HOA rules. Letter must be signed by the HOA Board or Management Company with a current date and written on HOA letterhead. • Completed Safety Inspection Form required so that a Code Compliance Officer can conduct the Home Safety Inspection of your property. Once you have corrected and completed the identified documents you may submit the application including the previously submitted documents. The Department of Special Program Compliance The Department of Special Program Compliance business hours are Monday through Thursday 8 am - 6 pm. The department offers in-person service by appointment only. To schedule an appointment, you may visit the Special Program Compliance page on our city website and select "Special Program Compliance Appointment Reservation". Post Office Box 2743 • Palm Springs, California 92263-2743 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8