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Home My WebLink AboutAB0566 Ebstein Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: September 27, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2,500.00 TO EPHRAIM EBSTEIN FOR THE PROPERTY LOCATED AT 2300 S. CALLE PALO FIERRO, PALM SPRINGS. BY: Office of Special Programs Compliance Department SUMMARY Ephraim Ebstein has requested an appeal of the 6-month suspension of the Vacation Rental Registration Certificate and the administrative fine of $2,500.00 for failure of submitting a Contract Summary to the Enforcement Official for the property located at 2300 S. Calle Palo Fierro, 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 AB0566 ISSUED IN THE AMOUNT OF $2,500 TO EPHRAIM EBSTEIN AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2300 S. CALLE PALO FIERRO, PALM SPRINGS. THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report September 27, 2023 - Page 2 Vacation Rental Appeal – 2300 S. Calle Palo Fierro, Palm Springs BACKGROUND: The property located at 2300 S. Calle Palo Fierro, 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 2300 S. Calle Palo Fierro was issued administrative citation AB0566 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 administration staff communicated the requirement to submit contract stays prior to arrival. Attachment 5 The Department of Special Program Compliance determined after responding to a complaint for music on August 4, 2023, at the property located at 2300 S. Calle Palo Fierro, 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 and issued citation A133. Attachment 6. 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 Summary system confirmed zero submissions before 8/10/2023 and five submissions after the August 4, 2023, event. Attachment 7. Administrative Appeals Board Staff Report September 27, 2023 - Page 3 Vacation Rental Appeal – 2300 S. Calle Palo Fierro, Palm Springs Staff finds that based on the information reviewed, that short-term vacation rental use at the property 2300 S. Palo Fierro 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 AB0566 in the amount of $2,500.00 to Ephraim Ebstein, 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 October 2, 2023. Attachment 8. 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 September 27, 2023 - Page 4 Vacation Rental Appeal – 2300 S. Calle Palo Fierro, 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 September 27, 2023 - Page 5 Vacation Rental Appeal – 2300 S. Calle Palo Fierro, 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 AB0566 4 Department Notification 5 Code Officer Report 6 Contract Summary Review 7 Suspension Letter 8 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 AB0566 ISSUED IN THE AMOUNT OF $2,500 TO EPHRAIM EBSTEIN AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2300 S. CALLE PALO FIERRO, 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, Ephraim Ebstein 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 2300 S. Calle Palo Fierro, hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0566 failure to file a Contract Summary was issued on August 8, 2023 to Ephraim Ebstein for the property located at 2300 S. Calle Palo Fierro, Palm Springs; and WHEREAS, Ephraim Ebstein, filed an administrative appeal of the Administrative Citation No. AB0566 for failure to file a Contract Summary prior to an occupancy for the property 2300 S. Calle Palo Fierro, 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 September 27, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented prima facie evidence that Ephraim Ebstein 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 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 5.25.070(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 Ephraim Ebstein for the property located at 2300 S. Calle Palo Fierro, 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 Ephraim Ebstein for the property located at 2300 S. Calle Palo Fierro, 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 ATTACHMENT 3 Search Citation > Apply Payment [To print a copy of the receipt below please select this link] Citation Processing CenterReceipt Receipt Number: 8663634 Palm Springs Code Enforcement Citation Payment Information CITATION DATE TIME PAID OWING AB0566 8/8/2023 11:00 PM $2,503.50 $0.00 Total Amount Paid: $2,503.50 If you have any questions or for more information, please call (800) 989-2058 (c) Copyright 2023 Citation Processing Center. All rights reserved. Receipt Validation Code: 8663634_2503.5000_8/16/2023 3:53:10 PM Pay Citation by Credit/Debit Card Pay All by Credit/Debit Card Frequently Asked Questions Back to Citation New Search ATTACHMENT 4 ATTACHMENT 5 1 Patrick Clifford From:John Stamback-Sawyer Sent:Wednesday, September 20, 2023 1:36 PM To:Patrick Clifford Subject:FW: 2300 S Calle Palo Fierro Attachments:TOT & TBID monthly return.110321.pdf; Statement of Rules Regulations - Copy - Copy.pdf; TOT Return Due Delinquent Dates 2023.pdf; Calendar 2022 Delinquent Dates.pdf; Good Neighbor Brochure.pdf; FAQ 10-4-22.pdf; PSDS Vacation Rental Letter.pdf John Stamback‐Sawyer | AdministraƟve Assistant Department of Special Program Compliance 425 N. Civic Dr, Palm Springs, CA 92262 Email: John.Stamback‐Sawyer@palmspringsca.gov | Phone: 760.322.8377 | Fax: 760.322.8317 The Department of Special Program Compliance business hours are Monday through Thursday 8 am – 6 pm. Notice – Beginning October 2, 2023 City Hall hours will be Monday through Thursday 7:30am – 5:30pm. CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in error, please so notify the sender by reply email and destroy all copies of the original. From: John Stamback‐Sawyer Sent: Thursday, February 2, 2023 11:23 AM Subject: 2300 S Calle Palo Fierro Hello, Please read this email in its entirety including the documents I have attached. Your vacation rental registration certificate has been fully processed and is effective 02/02/2023; your City ID # is 4395 and your TOT permit # is 9499. Please make sure that the City ID# of 4395 is posted on all advertising in accordance with PSMC 5.25.040 (f). Not posting the ID# on your advertising can incur a $2500.00 citation and a six-month suspension. Attached is the link to our Contract Summary tool https://www.palmspringsca.gov/government/departments/special-program-compliance/vacation- rentals/submit-contract-summary; you are required to begin submitting your Contract Summaries using this tool for each guest stay prior to arrival. Providing the contract itself is not necessary and will not be accepted as a Contract Summary. You cannot submit Contract Summaries retroactively. Also, be aware your prorated contracts for the 2023 calendar year are thirty-two (32) contracts, plus four (4) extra contracts during the 3rd Quarter (July, August & September). In addition, I have attached a blank TOT return and a calendar for your convenience. Please save this TOT return for future monthly filings. You may also go to 2 https://www.palmspringsca.gov/government/departments/finance-treasury/transient-occupancy-tax-tot to pay online. Starting in February, it is your responsibility to submit Transient Occupancy monthly returns whether you had rental revenue or not. You may submit “zero” returns by emailing TOTdesk@palmspringsca.gov. If you have questions regarding the tax process, please contact the TOT Desk at 760.323.8226 or TOTdesk@palmspringsca.gov. Vacation Rental and Homeshare lodgings pay a 1% TBID (Tourism Business Improvement District) assessment on short term stays of 27 days or less. The Greater Palm Springs Convention & Visitors Bureau (CVB) has further information on their website: https://www.visitgreaterpalmsprings.com/2020-tbid/ Although the 1% TBID will be paid at the same time as your monthly TOT payments, TBID money is a separate item that will be directed to the CVB. For more information on the 1% TBID Click here. To sign up for our e-notification to keep informed of stakeholder meetings, newsletters and up to date information Click here. You should receive your TOT Tax Permit and Vacation Rental Registration Certificate within the next couple of weeks via email. If you have any questions, please do not hesitate to contact me directly or visit our website https://www.palmspringsca.gov/government/departments/special-program-compliance/vacation-rentals-1098. Take care, John Stamback‐Sawyer | Account Clerk II Department of Special Program Compliance | Office of the City Manager PO Box 2743, Palm Springs, CA 92263 Email: John.Stamback‐Sawyer@palmspringsca.gov | Phone: 760.322.8377 | Fax: 760.322.8317 *Please note our department has temporarily moved to the Downtown Park Police Substation The Department of Special Program Compliance business hours are Monday through Thursday 8 am – 6 pm. CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in error, please so notify the sender by reply email and destroy all copies of the original. ATTACHMENT 6 Vacation Rental Code Compliance Officer Event Repor t Date of report submission Friday, August 4, 2023 Time of report submission 11:46 PM Friday, August 4, 2023 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Friday, August 4, 2023 Time arrived at the proper ty: 10:55 PMTime received the complaint from the Hotline: 10:41 PM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Property Address 2300 S Palo Fierro 92264 Is this a registered vacation rental? Yes Type of a Complaint Reported: (You may select more then one) Music coming from the propertyIs this a unit in a Condominium complex? No Please input dB levels. It's recommended to take a reading every two minutes Time dB level dB reading one 2310 52.7 dB reading two 2312 45.5 dB reading three 2314 40.6 Was there a Contract Summary on file for this property / guest stay? No Location of the noise source? Backyard Patio At which location on the property or off the property were you present when you witnessed the violation? On street in front of the location Citation Number (if applicable) A133 Total time amount witnessing the violation: 10 minutes Was Citation issued? Yes 1 Please add detailed notes regarding this call: VR music call 5.25.070(g) Arrived at property approximately 10:55 in reference to a loud music call. From the street in front of the property, I was able to hear music beyond the property line. I performed a decibel reading of the music being heard and was able to Shazam the song September by Earth, Wind and Fire. I contacted the responsible renter and advised them of the complaint, informed them of the rules and issued the citation for music beyond property lines. The responsible renter stated there was no check in instructions at the property and no one met them upon arrival. Called the RP back but there was no answer. I notified the local contact of the hotline call and advised on the violation witnessed and citation on the property. Has this event been communicated to the Local Contact for this property? Yes Is the person occupying the Vacation Rental over night? Yes Code Compliance Officer submitting the form: Johnathan Ingram Code Compliance Officer Email: johnathan.ingram@palmspringsca.govName of Person Citation being issued to: Martha Sandoval Number of Code Officers responding to the event: 2 Code Section Violated: Music at the property line 5.25.070(g) Type of noise source? Speaker Code Officer Name #1: Johnathan Ingram Upon Arrival found the following: Music at the property line Code Officer Name #2: Jake Gonzalez 2 Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the violation if applicable 3 4 Vacation Rental Code Compliance Officer Event Repor t Please attached pictures supporting the recorded decibel reading 5 6 Please select occupant below Guest Please enter the time the local contact was called back 11:20 PM Did the reporting party request a call back? Yes Please enter the time the reporting party was called back 11:10 PM 7 ATTACHMENT 7 Submission DateVR Property Address:VR Property Street Name: Arrival Date:Departure Date:This Contract Summary is for:City ID #:Enter the City IDTOT #:Palm Springs Neighborhood:First NameLast NameContract Year:Contract Number for the Calendar Year:Please select the number of registered guest occupying the property First NameLast Name09/01/2023 2300 S Calle Palo FierroSep 1, 2023 Sep 4, 2023 New Contract Summary 4395 4395 9499 Indian Canyons Ephraim Ebstein 2023 9 7 Ephraim Ebstein08/15/2023 2300 S Calle Palo FierroAug 24, 2023 Aug 27, 2023 New Contract Summary 4395 4395 9499 Indian Canyons Ephraim Ebstein 2023 3rd Quarter ‐ #2 5 Ephraim Ebstein08/14/2023 2300 S Calle Palo FierroAug 17, 2023 Aug 20, 2023 New Contract Summary 4395 4395 9499 Indian Canyons Ephraim Ebstein 2023 1 Ephraim Ebstein08/13/2023 2300 S Calle Palo FierroAug 13, 2023 Aug 15, 2023 New Contract Summary 4395 4395 9499 Indian Canyons Ephraim Ebstein 2023 3rd Quarter ‐ #2 4 Ephraim Ebstein08/10/2023 2300 S Calle Palo FierroAug 10, 2023 Aug 13, 2023 New Contract Summary 4395 4395 9499 Indian Canyons Ephraim Ebstein 2023 1 4 Ephraim Ebstein ATTACHMENT 8