HomeMy WebLinkAboutAB0532 - Akyuz Staff Packet
ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: August 23, 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
EMINE AKYUZ FOR THE PROPERTY LOCATED AT 3230 N.
SANDSPRING DR., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Emine Akyuz 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 3230 N.
Sandspring Dr., 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 AB0532 ISSUED IN THE
AMOUNT OF $2,500 TO EMINE AKYUZ AND THE ADMINISTRATIVE DECISION
OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE FOR THE PROPERTY LOCATED AT 3230 N. Sandspring Dr.,
PALM SPRINGS.
THIS PORTION OF PAGE BLANK
Administrative Appeals Board Staff Report
August 23, 2023 - Page 2
Vacation Rental Appeal – 3230 N. Sand Springs Dr., Palm Springs
BACKGROUND:
The property located at 3230 N. Sandspring Dr., Palm Springs is a registered Vacation
Rental with the City of Palm Springs with a start date of June 1, 2022.
STAFF ANALYSIS:
The owner for the property located at 3230 N. Sandspring Dr. was issued administrative
citation AB0532 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 comparing submitted
Vacation Rental Transient Occupancy Taxes (TOT) and Contract Summary submissions
that the property located at 3230 N. Sandspring Dr. had submitted TOT but zero Contract
Summaries. Code Compliance Officer Whittaker requested the Statement of Rules and
Regulations from guest stays that is required to be completed for each guest stay. The
owner provided these documents for guests stays between October 13, 2022 through
May 29, 2023. Attachment 5. The Statement of Rules and Regulations confirm that short-
term stays did occur at the Vacation Rental property and no Contract Summaries were
submitted.
A review of the Contract Summary system confirmed zero submissions as of 8/16/2023
Attachment 6.
Administrative Appeals Board Staff Report
August 23, 2023 - Page 3
Vacation Rental Appeal – 3230 N. Sand Springs Dr., Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 3230 N. Sandspring Dr. occurred and Contract Summaries were not
submitted as required prior to a guest stay of 28-days or less and proceeded to issue
administrative citation number AB0532 in the amount of $2,500.00 to Emine Akyuz, 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
Administrative Appeals Board Staff Report
August 23, 2023 - Page 4
Vacation Rental Appeal – 3230 N. Sand Springs Dr., Palm Springs
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
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
August 23, 2023 - Page 5
Vacation Rental Appeal – 3230 N. Sand Springs Dr., 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 AB0532 4
Code Officer Report 5
Contract Summary Review 6
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
AB0532 ISSUED IN THE AMOUNT OF $2,500 TO EMINE
AKYUZ AND THE ADMINISTRATIVE DECISION OF A SIX-
MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 3230 N. SANDSPRING DR., 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, Emine Akyuz 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 3230 N. Sandspring Dr., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0532 failure to file a Contract
Summary was issued on June 29, 2023 to Emine Akyuz for the property located at 3230
N. Sandspring Dr., Palm Springs; and
WHEREAS, Emine Akyuz, filed an administrative appeal of the Administrative
Citation No. AB0532 for failure to file a Contract Summary prior to an occupancy for the
property 3230 N. Sandspring Dr., 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 August 23, 2023; and
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Emine Akyuz 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 August 23,
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 Emine Akyuz for the property located at 3230
N. Sandspring Dr., 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 Emine Akyuz for the property located at 3230
N. Sandspring Dr., 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.
Wayne Sinclair
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
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