The URL can be used to link to this page

Home My WebLink AboutAB0503 - Pozo Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: July 26, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO 3065 E. VERONA RD. LLC C/O JOSUE DAVID ALMEIDA POZO FOR THE PROPERTY LOCATED AT 3065 E. VERONA RD., PALM SPRINGS. BY: Office of Special Programs Compliance Department SUMMARY Josue David Almeida Pozo has requested an appeal of the 6-month suspension of the Vacation Rental Registration Certificate and the administrative fine of $2500.00 for failure of submitting a Contract Summary to the Enforcement Official for the property located at 3065 E. Verona Rd., 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 CITATION AB0503 ISSUED IN THE AMOUNT OF $2,500 TO 3065 E. VERONA RD. LLC C/O JOSUE DAVID ALMEIDA POZO AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3065 E. VERONA RD., PALM SPRINGS. THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report July 26, 2023 - Page 2 Vacation Rental Appeal – 3065 E. Verona Rd., Palm Springs BACKGROUND: The property located at 3065 E. Verona Rd., Palm Springs is a registered Vacation Rental with the City of Palm Springs with a start date of February 2, 2023. STAFF ANALYSIS: The owner for the property located at 3065 E. Verona Rd. was issued administrative citation AB0503 for failure to file contract summaries to the Enforcement Official as required by The Vacation Rental Ordinance 2075 for guests stays of 28 days or less at a Vacation Rental. The Vacation Rental Ordinance No. 2075 (Palm Springs Municipal Code 5.25) requires the submittal of a Contract Summary prior to each separate guest stay of 28 days or less at a Vacation Rental. This Contract Summary allows the Office of Special Program Compliance Department to verify the contract limitations outlined in Palm Springs Municipal Code Section 5.25.070(b). Palm Springs Municipal Code (PSMC) 5.25.070(b) states “A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document”. The Department of Special Program Compliance determined after responding to a complaint for loud occupants on April 1,2023 at the property located at 3065 E. Verona Rd., that a Contract Summary for a short-term Vacation Rental stay was not submitted. A Code Compliance Officer contacted the guests at the property in response to the complaint received. Attachment 5. The Occupants stated that they had booked the stay via the booking website Airbnb and provided a reservation detail from Airbnb. Attachment 5. When the Code Compliance Officer returned to the office, a second more detailed check for a submitted contract summary was conducted. A Contract Summary was not found. A review of the Contract Summaries submitted are below and available as Attachment 6. Month Contract Count Mar 1 Apr 2 May 1 Jun 2 Grand Total 6 Administrative Appeals Board Staff Report July 26, 2023 - Page 3 Vacation Rental Appeal – 3065 E. Verona Rd., Palm Springs The review of the contract summary data shows that six summaries have been filed as of July 15, 2023, starting with the first submission submitted on April 18, 2023. Additionally, there is record of a Contract Summary submitted for the guest stay related to the Code Officer event on April 1, 2023 but this record was submitted on May 5, 2023. Staff finds that based on the information reviewed, that short-term vacation rental use at the property 3065 E. Verona Rd. occurred and a Contract Summary was not submitted as required prior to a guest stay of 28-days or less and proceeded to issue administrative citation number AB0503 in the amount of $2,500.00 to 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo, the owner on title, for failure to file a contract summary to the Enforcement Official prior to occupancy of the Vacation Rental. The Administrative Citation was mailed by staff to the mailing address located on the title report. Additionally, pursuant to Palm Springs Municipal Code 5.25.090(d), the City Manager suspended the Vacation Rental Certificate for a period of six months effective May 15, 2023. Attachment 7 The following Palm Springs Municipal Code Sections 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 §5.25.070(b) reads as follows: No more than thirty-two (32) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year; however, up to four (4) additional Contracts shall be allowed or provided for the Third Quarter of a calendar year so long as the entire term of each such Contract occurs during such Third Quarter A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. Palm Springs Municipal Code §5.25.070(h) reads as follows: ”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 Administrative Appeals Board Staff Report July 26, 2023 - Page 4 Vacation Rental Appeal – 3065 E. Verona Rd., Palm Springs 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 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(d) reads as follows regarding the administrative fines: “Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section”. Administrative Appeals Board Staff Report July 26, 2023 - Page 5 Vacation Rental Appeal – 3065 E. Verona Rd., Palm Springs Patrick Clifford Executive Program Administrator Attachments: Resolution no. _____ Decision of the Administrative Appeals Board 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation AB0503 4 Code Officer Event Report 5 Contract Summary Review 6 Suspension Letter 7 ATTACHMENT 1 RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE CITATION AB0503 ISSUED IN THE AMOUNT OF $2,500 TO 3065 E. VERONA RD LLC C/O JOSUE DAVID ALMEIDA POZO AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3065 E. VERONA RD., PALM SPRINGS. Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo did not file a Contract Summary for an occupancy 28 days or less; WHEREAS, any person who operates a Vacation Rental and fails to submit a contract summary to the Enforcement Official, shall be liable to the City an administrative fine in the amount of Two Thousand and Five Hundred Dollars ($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a period of six-months, Palm Springs Municipal Code 5.25.090 (d); and WHEREAS, “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; and WHEREAS, the City investigated and determined that the Vacation Rental Property 3065 E. Verona Rd., hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0503 failure to file a Contract Summary was issued on April 13, 2023 to 3065 E. Verona LLC c/o Josue David Almeida Pozo for the property located at 3065 E. Verona Rd.., Palm Springs; and WHEREAS, Josue David Almeida Pozo, filed an administrative appeal of the Administrative Citation No. AB0503 for failure to file a Contract Summary prior to an occupancy for the property 3065 E. Verona Rd., Palm Springs to the Enforcement Official with the City Clerk and paid the appeal fee; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on July 26, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented prima facie evidence that 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo violated Section 5.25.070 (h) 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 July 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 5.25.070(h). The Administrative Appeals Board upholds the administrative decision of a six- month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo for the property located at 3065 E. Verona Rd.., Palm Springs The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h). The Administrative Appeals Board overturns the administrative decision of a six- month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo for the property located at 3065 E. Verona Rd.., Palm Springs 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. 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: BRENDA PREE City Clerk ATTACHMENT 2 ATTACHMENT 3 City of Palm Springs, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 05/09/2023 09:32AM Shahriar 001207-0006 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2023 Item: OTHCHG 1 @ 857.00 Balance unpaid: -857.00 OTHER CHARGE CURRENT SVC (OTHCHG) 857.00 -------------- 857.00 Subtotal 857.00 Total 857.00 VISA, MASTERCARD & DISCOVER 857.00 3816 -------------- Change due 0.00 Paid by: JOSUE DAVID ALMEIDA POZO | ADMIN APPEAL FEE# AB0503 - 05/08/2023 CLOVER CC Thank you for your payment CUSTOMER COPY ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 Submission Date This Contract Summary is foEnter the City ID #: VR PropeVR Property StrTOT #: Palm Springs N BedrooFirst Name Last Name Arrival DateDeparture Month Year Fiscal Ye Days Contract ContraPleaContract Summary ID Number5/5/2023 10:19New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 3/30/2023 4/2/2023 Mar 2023 2023 3 3 2023 12 OO1025824/18/2023 8:55New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 4/18/2023 4/22/2023 Apr 2023 2023 4 3 2023 11 OO1012174/18/2023 8:56New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 4/22/2023 4/24/2023 Apr 2023 2023 2 4 2023 7 OO1012185/5/2023 10:05New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 5/4/2023 5/7/2023 May 2023 2023 3 5 2023 12 OO1025806/6/2023 2:46New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 6/15/2023 6/19/2023 Jun 2023 2023 4 7 2023 12 OO1045736/6/2023 2:48New Contract Summary 2478 2478 3065 E Verona Rd 9489 Gene Autry 6 Josue Almeida 6/23/2023 6/26/2023 Jun 2023 2023 3 8 2023 12 OO104574 ATTACHMENT 7 April 26, 2023 3065 E. Verona Rd. LLC 3065 E. Verona Rd Palm Springs, CA 92262 City of Palm Springs Department of Special Program Compliance 425 North Civic Drive • Palm Springs, California 92262 Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov Re: Suspension of Short-Term Vacation Rental Registration Certificate for 3065 E. Verona Rd., Palm Springs, CA 92262 Upon review of the recent activity at your short-term rental property located at 3065 E. Verona Rd .. , the City of Palm Springs is hereby suspending your Vacation Rental Registration Certificate for a period of six (6) months. In order to minimize the negative impact to any near-term guests visiting our city who may already be currently booked at your property, the suspension period will begin on May 15th, 2023, and will end on November 15th, 2023. All ad vertising of your property for short term rentals must cease immediately. During the suspension period, your property may not be rented for short term stays (28 days or fewer) but you may rent your property as a long-term rental. Transient Occupancy Tax returns and annual renewal fees will still be due, unless you choose to complete and submit the enclosed Owner's Request to Close TOT Permit and Vacation Rental Certificate form. This suspension is issued in accordance with the City of Palm Springs Municipal Code (PSMC) Section 5.25.090(d) as follows: "(d) Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars {$2,500.00} and the Owner's Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars {$5,000.00) and the Owner's Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section. You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section S.25.090(f). Your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Please also see the attached Written Notice of Appeal Form and Filing Process information; or feel free to contact the Department of Special Program Compliance at #760-322-8382 with questions. Should you choose to appeal this suspension, your suspension does go into effect on May 15th• 2023, in accordance with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board hearing. Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals Board is a violation of PSMC Section 5.25.090(c). Post Office Box 2743 • Palm Springs, California 92263-27 43 To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable appeal fee of $857 must be received by the City Clerk's office no later than May 11th, 2023, and should be addressed to: Respectfully, .f!:tf ✓ City Manager Cc: File City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263