HomeMy WebLinkAboutAB0439;AB0535 Fischer PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: September 27, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT KACY JOHNSON,
AARON BODIYA AND PAUL FISHER ARE PERMANENTLY INELIGIBLE
TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS
AND THE ADMINISTRATIVE FINES OF $5,000 AND $10,000 FOR
OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY
LOCATED AT 766 E. SPENCER DR., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Kacy Johnson; Aaron Bodiya and Paul Fisher has requested an appeal of the permanent
ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative
fines of $5,000.00 and $10,000 for operating an unregistered Vacation Rental property
located at 766 E. Spencer 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 KACY JOHNSON; AARON BODIYA AND PAUL FISHER FOR THE
PROPERTY LOCATED AT 766 E. SPENCER DR., PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0439 ISSUED IN
THE AMOUNT OF $5,000 AND ADMINISTRATIVE CITATION AB0535 ISSUED
IN THE AMOUNT OF $10,000 AND THE PERMANENT INELIGIBILITY TO
OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS
THIS PORTION OF PAGE BLANK
Administrative Appeals Board Staff Report
September 27, 2023
Vacation Rental Appeal – 766 E. Sandia Rd., Palm Springs
STAFF ANALYSIS:
The owners for the property located at 766 E. Spencer Dr., Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violations on December 11, 2022 and June 22, 2023.
Staff has determined that the owners have, without a Registration Certificate, advertised
and operated the property at 766 E. Spencer Dr., as a Vacation Rental from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/49102019 listed as “Mid-century Modern
‘Palm Springs Social House’” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/49102019 lists 34 reviews on December 11,
2022. ATTACHMENT 5
3. Advertisement Airbnb.com/rooms/49102019 lists 54 reviews as of June 2023.
ATTACHMENT 6
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates January 20, 2023, through January 22, 2023 (2 nights);
ATTACHMENT 7
5. A response was received by the Code Compliance Officer confirming
availability for the dates January 20, 2023, through January 22, 2023 (2 nights);
ATTACHMENT 7
6. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates July 7, 2023 through July 10, 2023 (3 nights); ATTACHMENT 7
7. A response was received by the Code Compliance Officer confirming
availability for the dates July 7, 2023 through July 10, 2023 (3 nights);
ATTACHMENT 7
Staff finds that the advertisement found on Airbnb.com/rooms/49102019 and inquiry
affirmation for the dates January 20, 2023, through January 22, 2023 (2 nights) for stay
at property 766 E. Spencer Dr., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0439, in the amount of $5,000, to Kacy Johnson, Aaron Bodiya
and Paul Fisher, the owners on title, for operating a Vacation Rental without a Vacation
Rental Registration Certificate.
Staff finds that the advertisement found on Airbnb.com/rooms/49102019 and inquiry
affirmation for the dates July 7, 2023 through July 10, 2023 (3 nights) for stay at property
766 E. Spencer Dr., is in violation of §5.25.040(a) and proceeded to issue Administrative
Citation AB0535, in the amount of $10,000, to Kacy Johnson, Aaron Bodiya, and Paul
Fisher, the owners on title, for operating a Vacation Rental without a Vacation Rental
Registration Certificate
The Administrative Citation were mailed by the Department of Special Program
Compliance staff to the mailing address on title.
Administrative Appeals Board Staff Report
September 27, 2023
Vacation Rental Appeal – 766 E. Sandia Rd., Palm Springs
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.
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 Appeals Board Staff Report
September 27, 2023
Vacation Rental Appeal – 766 E. Sandia Rd., Palm Springs
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.”
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0439;AB0535 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0439; AB0535 & citation letter 4
Copy of the Airbnb.com/rooms/49102019 12/11/22 advertisement 5
Copy of the Airbnb.com/rooms/49102019 June 2023 advertisement 6
Copy of Code Compliance Inquiry 7
Copy of the title report 8
THIS PORTION OF PAGE BLANK
ATTACHMENT 1
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KACY JOHNSON, AARON BODIYA
AND PAUL FISHER FOR THE PROPERTY LOCATED AT
766 E. SPENCER DR., PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0439
ISSUED IN THE AMOUNT OF $5,000 AND
ADMINISTRATIVE CITATION AB0535 ISSUED IN THE
AMOUNT OF $10,000 AND THE PERMANENT
INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF 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 Kacy Johnson, Aaron Bodiya and Paul Fisher did not obtain a Short-
Term Vacation Rental Registration Certificate for the property located at 766 E. Spencer
Rd., 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. AB0439, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 11, 2022 to
Kacy Johnson, Aaron Bodiya and Paul Fisher for the property located at 766 E. Spencer
Rd., Palm Springs; and
WHEREAS, Administrative Citation No. AB0535, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on June 27, 2023 to Kacy
Johnson, Aaron Bodiya and Paul Fisher for the property located at 766 E. Spencer Rd.,
Palm Springs; and
WHEREAS, Kacy Johnson, Aaron Bodiya and Paul Fisher, filed an administrative
appeal of the Administrative Citation No. AB0439 issued in the amount of 5,000 and
AB0535 issued in the amount of $10,000 for operating a Vacation Rental without a
Resolution No.
Page 2
Vacation Rental Registration Certificate for the property located at 766 E. Spencer Rd.,
Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 27, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that Kacy
Johnson, Aaron Bodiya and Paul Fisher violated Section 5.25.040(a) of the Palm
Springs Municipal Code by an advertisement on Airbnb.com/rooms/49102019 for the
property located at 766 E. Spencer Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Kacy
Johnson, Aaron Bodiya and Paul Fisher violated Section 5.25.040(a) of the Palm
Springs Municipal Code by responding to an inquiry to book the property located at 766
E. Spencer Rd., Palm Springs and confirmed a period less than twenty-eight (28) days;
and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 27,
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 Kacy
Johnson, Aaron Bodiya and Paul Fisher is permanently ineligible to operate a
Vacation Rental in the City of Palm Springs, including the property located at 766
E. Spencer Rd., Palm Springs, and the fines of $5,000 and $10,000.
The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board overturns the administrative decision that
Kacy Johnson, Aaron Bodiya and Paul Fisher is permanently ineligible to operate
a Vacation Rental in the City of Palm Springs, including the property located at
766 E. Spencer Rd., Palm Springs and the fines of $5,000 and $10,000
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.
Wayne Sinclair
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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