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Home My WebLink AboutAB0510 - Thulsiraj 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 RAJ THULSIRAJ AND ANA THULSIRAJ FOR THE PROPERTY LOCATED AT 1985 MARGUERITE ST., PALM SPRINGS. BY: Office of Special Programs Compliance Department SUMMARY Ana Thulsiraj and Raj Thulsiraj have 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 1985 Marguerite St., 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 AB0510 ISSUED IN THE AMOUNT OF $2,500 TO RAJ THULSIRAJ AND ANA THULSIRAJ AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1985 MARGUERITE ST., 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 1985 Marguerite St., Palm Springs is a registered Vacation Rental with the City of Palm Springs with a start date of July 1, 2020. STAFF ANALYSIS: The owners for the property located at 1985 Marguerite St. were issued administrative citation AB0510 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 too many vehicles on April 15,2023 at the property located at 1985 Marguerite St., 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 2020 2021 2022 Sep 4 Oct 5 Nov 5 1 Dec 1 Apr 8 Grand Total 15 8 1 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 24 summaries have been filed as of July 15, 2023, starting with the first submission submitted on January 12, 2021. Additionally, there is record of two notices, sent to the owner, for failing to submit contract summaries, during a Contract Summary audit. Attachment 6. The first letter dated December 29, 2020 for failure to submit summaries for the month of September 2020. The second letter dated August 4, 2021 for failure to submit summaries for the month of April 2021. Further review of the Contract Summaries show that these were submitted in response to the letters as they entries have similar submission dates. Additionally, The Code Compliance officer obtained Statement of Rules and regulation records from guest stays as required by the municipal code from the owners. Attachment 7. Staff finds that based on the information reviewed, that short-term vacation rental use at the property 1985 Marguerite St. 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 AB0510 in the amount of $2,500.00 to Raj Thulsiraj and Ana Thulsiraj, 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. 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: Administrative Appeals Board Staff Report July 26, 2023 - Page 4 Vacation Rental Appeal – 3065 E. Verona Rd., Palm Springs ”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 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 AB0510 4 Code Officer Event Report 5 Contract Summary Review 6 Statement of Rules and Regulations 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 AB0510 ISSUED IN THE AMOUNT OF $2,500 TO RAJ THULSIRAJ AND ANA THULSIRAJ AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1985 MARGUERITE ST., 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, Raj Thulsiraj and Ana Thulsiraj 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 1985 Marguerite St.., hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0510 failure to file a Contract Summary was issued on April 18, 2023 to Raj Thulsiraj and Ana Thulsiraj for the property located at 1985 Marguerite St..., Palm Springs; and WHEREAS, Raj Thulsiraj and Ana Thulsiraj, filed an administrative appeal of the Administrative Citation No. AB0510 for failure to file a Contract Summary prior to an occupancy for the property 1985 Marguerite St.., 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 Raj Thulsiraj and Ana Thulsiraj 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 Raj Thulsiraj and Ana Thulsiraj for the property located at 1985 Marguerite St., 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 Raj Thulsiraj and Ana Thulsiraj for the property located at 1985 Marguerite St., 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 05/08/2023 09:00AM Shahriar 001203-0005 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2023 Item: OTHCHG 1.00 @ 857.00 Balance unpaid: -857.00 OTHER CHARGE CURRENT SVC (OTHCHG) 857.00 -------------- 857.00 Subtotal 857.00 Total 857.00 CHECK 857.00 Check Number 13736 -------------- Change due 0.00 Paid by: RAJ THULSIRAJ | ADMIN APPEAL FEE - 05/08/2023 Thank you for your payment City of Palm Springs, CA COPY DUPLICATE RECEIPT ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 Submission Date This Contract Summary is for:Enter thCity ID #: VR PropertVR Property StreeTOT #: Palm Springs NeighboBedro First NameLast Name Arrival Date: Departure Date: Month Year Fiscal YearDays ContractContracPlease seContract Summary ID Number1/12/2021 12:40New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 9/25/20209/27/2020Sep 2020 2021 2 14 2020 6 OO398701/12/2021 12:37New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 9/18/20209/20/2020Sep 2020 2021 2 13 2020 4 OO398691/12/2021 12:34New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 9/11/20209/13/2020Sep 2020 2021 2 12 2020 6 OO398681/12/2021 12:28New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 9/5/2020 9/8/2020 Sep 2020 2021 3 11 2020 6 OO398671/12/2021 13:01New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 10/23/202010/25/2020Oct 2020 2021 2 19 2020 5 OO398791/12/2021 12:58New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 10/30/202011/1/2020Oct 2020 2021 2 18 2020 5 OO398771/12/2021 12:56New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 10/16/202010/18/2020Oct 2020 2021 2 17 2020 6 OO398751/12/2021 12:54New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 10/8/202010/11/2020Oct 2020 2021 3 16 2020 6 OO398721/12/2021 12:50New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 10/2/20201/4/2021 Oct 2020 2021 94 15 2020 4 OO398711/12/2021 13:12New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 11/27/202011/29/2020Nov 2020 2021 2 24 2020 4 OO398881/12/2021 13:09New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 11/23/202011/26/2020Nov 2020 2021 3 23 2020 4 OO398871/12/2021 13:07New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 11/20/202011/22/2020Nov 2020 2021 2 22 2020 6 OO398851/12/2021 13:05New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 11/13/202011/15/2020Nov 2020 2021 2 21 2020 5 OO398841/12/2021 13:04New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana M Thulsiraj 11/5/202011/7/2020Nov 2020 2021 2 20 2020 3 OO3988211/23/2022 15:01New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 11/23/2022 11/26/2022 Nov 2022 2023 3 17 2022 5 OO889341/12/2021 13:22New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Raj Thulsiraj 12/1/202012/31/2020Dec 2020 2021 30 25 2020 A454648/18/2021 20:09New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/30/2021 5/2/2021 Apr 2021 2021 2 10 2021 OO562718/18/2021 20:05New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/23/2021 4/25/2021 Apr 2021 2021 2 9 2021 OO562708/18/2021 19:58New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/20/2021 4/23/2021 Apr 2021 2021 3 8 2021 OO562698/18/2021 19:56New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/16/2021 4/18/2021 Apr 2021 2021 2 7 2021 OO562688/18/2021 19:55New Contract Summary4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/13/2021 4/15/2021 Apr 2021 2021 2 6 2021 OO562678/18/2021 19:51New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/9/2021 4/11/2021 Apr 2021 2021 2 5 2021 OO562668/18/2021 19:49New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/4/2021 4/9/2021 Apr 2021 2021 5 4 2021 OO562658/18/2021 19:47New Contract Summary4430 4430 1985 Marguerite St 7586 Lawrence Crossley 3 Ana Thulsiraj 4/1/2021 4/4/2021 Apr 2021 2021 3 3 2021 OO56264 Post Office Box 2743 • Palm Springs, California 92263-2743 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 VIA MAIL December 29, 2020 Ana M Thulsiraj RE: Contract Summaries for the Month of September 2020 at 1985 Marguerite St Dear Ana M Thulsiraj, Palm Springs Municipal Code (“PSMC”) section 5.25.070(h) requires that a summary or abstract of a written Vacation Rental contract be filed with the Department of Special Program Compliance (“Department”) prior to each separate guest stay of 28 days or less. This abstract or summary assist the Department with verifying that the contract limitations outlined in PSMC 5.25.070(b) are followed. A review of your file indicates that you have not submitted any contract summaries for the month of September, 2020. It is imperative that all contract summaries for this time period be submitted to our office no later than January 12, 2021. The summaries can be uploaded to our Contract Summary tool by visiting our website www.psvacationrentalcompliance.com and select Submit Contract Summary on the left menu column. Failure to comply with this requirement constitutes a violation of the PSMC and maybe subject to an Administrative Citation Penalty of $2,500 and a six‐month suspension of the Vacation Rental Certificate, in accordance with PSMC section 5.25.090(d). If you have any questions, please contact our Department at (760)322‐8382. This letter serves as a warning and any future violation found by the Department during a review or audit of these files, pursuant to PSMC 5.25.080, will be subject to the full extent of PSMC 5.25.090(d). Sincerely, City of Palm Springs Patrick Clifford Department of Special Program Compliance Post Office Box 2743 • Palm Springs, California 92263-2743 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 VIA MAIL August 4, 2021 Ana M Thulsiraj; Raj Thulsiraj RE: Contract Summaries for the Month of April 2021 at 1985 Marguerite St Dear Ana M Thulsiraj; Raj Thulsiraj, Palm Springs Municipal Code (“PSMC”) section 5.25.070(h) requires that a summary or abstract of a written Vacation Rental contract be filed with the Department of Special Program Compliance (“Department”) prior to each separate guest stay of 28 days or less. This abstract or summary assist the Department with verifying that the contract limitations outlined in PSMC 5.25.070(b) are followed. A review of your file indicates that you have not submitted any contract summaries for the month of April, 2021. It is imperative that all contract summaries for this time period be submitted to our office no later than August 26, 2021. The summaries can be uploaded to our Contract Summary tool by visiting our website www.psvacationrentalcompliance.com and select Submit Contract Summary on the left menu column Failure to comply with this requirement constitutes a violation of the PSMC and maybe subject to an Administrative Citation Penalty of $2,500 and a six‐month suspension of the Vacation Rental Certificate, in accordance with PSMC section 5.25.090(d). If you have any questions, please contact our Department at (760)322‐8382. This letter serves as a warning and any future violation found by the Department during a review or audit of these files, pursuant to PSMC 5.25.080, will be subject to the full extent of PSMC 5.25.090(d). Sincerely, City of Palm Springs Patrick Clifford Department of Special Program Compliance ATTACHMENT 7