The URL can be used to link to this page

Home My WebLink AboutAB0580 - Grigoryab Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: November 29, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION AB0580 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2775 E. VERONA RD., PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Lusine Grigoryab has requested an appeal of administrative citation AB0580 issued in the amount of $2,500 and two (2) year suspension of the Vacation Rental Registration Certificate #5004 for the property located at 2775 E. Verona Rd., Palm Springs, California. 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 LUSINE GRIGORYAB FOR THE PROPERTY LOCATED AT 2775 E. VERONA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0580 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #5004. Background The property located at 2775 E. Verona Rd., Palm Springs California is currently registered as a Vacation Rental with Vacation Rental Registration Certificate #5004. The start date was May 11, 2022. Vacation Rental Ordinance 1918 was in effect April 2017 and later amended and reinstated in November 2022 as Ordinance 2075. The previous and current Vacation Rental Ordinance details rules that guests renting a Vacation Rental for a period of 28 consecutive days or less must follow; Regulations that owners must follow relating to each stay that is 28 consecutive days or less and that upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years. Administrative Appeals Board Staff Report November 29, 2023 -- Page 2 Vacation Rental Appeal – 2775 E. Verona Rd., Palm Springs, CA STAFF ANALYSIS First Citation: On November 20, 2022, at 1:26pm, City of Palm Springs Code Compliance Officers responded to a complaint submitted via the Vacation Rental Hotline for the property located at 2775 E. Verona Rd., Palm Springs regarding occupants being loud. Code Officer Whittaker and Code Officer Pisciuneri arrived at the property and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) amplified music at the property line at Vacation Rental located at 2775 E. Verona Rd. Code Officers Whittaker and Pisciuneri contacted the occupants, discussed the findings and violation, and issued citation A7050 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 4. Citation A7050 was not appealed and paid in full on December 8, 2022 Second Citation: On August 26, 2023, at 5:29pm, City of Palm Springs Code Compliance Officers responded to a complaint submitted via the My Palm Springs App for the property located at 2775 E. Verona Rd., Palm Springs regarding the property having vehicles exceeding the permitted limit. Code Officer Ingram and Code Officer Gonzalez arrived at the property and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(c) vehicles exceeding the permitted limit at Vacation Rental located at 2775 E. Verona Rd. Code Officers Ingram and Gonzales contacted the occupants, discussed the findings and violation, and issued citation A7138 for a violation of PSMC 5.25.070 (c). The officer report is included as ATTACHMENT 4. Citation A7138 was not appealed and paid in full on September 5, 2023. Third Citation: On August 26, 2023, in response to a complaint regarding vehicles exceeding the permitted limit responded Code Compliance Officer Ingram conducted a search for a Contract Summary for the property located at 2775 E. Verona Rd., Palm Springs and found that there was not a Contract Summary on file. Code Compliance Officer Code Officer Ingram and Code Compliance Officer Gonzalez arrived at the property and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(c). The occupants stated they rented the property located at 2775 E. Verona Rd., for a period between August 25, 2023, through August 27, 2023. After issuing a citation for a violation of 5.25.070(c), Code Officer Ingram returned to the office and conducted a second more detailed check for a Contract Summary and confirmed that a Contract Summary was not submitted for the current guests stay. Code Compliance Officer Ingram issued administrative citation AB0580 for violation of 5.25.070(h) Failure to Submit a Contract Summary, prior to guest occupancy to the property owner on file, Lusine Grigoryan. ATTACHMENT 6. A contract summary review is provided as ATTACHMENT 7. Pursuant to PSMC 5.25.090(b), “Upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. Pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Administrative Appeals Board Staff Report November 29, 2023 -- Page 3 Vacation Rental Appeal – 2775 E. Verona Rd., Palm Springs, CA Based on the three (3) administrative citations issued in a twelve-month period, a suspension of the Vacation Rental Registration Certificate was issued by the Department of Special Program Compliance with an effective date of October 9, 2023, for two (2) years through October 9, 2025. ATTACHMENT 8. DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 11/20/2022 A7050 Music Audible at Property Line 5.25.070(g) 8/26/2023 A7138 Cars Exceeding the Permitted Limit 5.25.070(c) 08/26/2023 AB0580 Failure to submit contract summary 5.25.070(h) The following Palm Springs Municipal Code sections and Regulations are applicable to this matter. The Palm Springs Municipal Code, Vacation Rentals §5.25.070 - Operational Requirements and Standard Conditions: (g) “Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental.” (h)(1) “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” Palm Springs Municipal Code §5.25.090 (b) – Violations (b) “Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. ADMINISTRATIVE REGULATION “Violation Count for Purposes of Suspending a Vacation Rental Certificate”- Effective 8/2017 Procedure: A. Section 5.25.090(b) specifies, “Upon the third violation in any twelve (12) month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years.” Following is a clarification how violations are counted. Administrative Appeals Board Staff Report November 29, 2023 -- Page 4 Vacation Rental Appeal – 2775 E. Verona Rd., Palm Springs, CA 1. Administrative citations for violations of Chapter 5.25 issued to the Vacation Rental guest, Owner, or Owner’s agent prior to April 16, 2017, will count towards the calculation of the three (3) violations in any twelve (12) month period for suspending the Vacation Rental Certificate for such property in accordance with Section 5.25.090(b). 2. There will be no suspension unless at least one (1) violation occurs under new Ordinance No. 1918. 3. Appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2017 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: Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation A7050 and officer report 4 Administrative Citation A7138 and officer report 5 Administrative Citation AB0580 6 Contract Summary Review 7 2775 E. Verona Rd. 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 LUSINE GRIGORYAB FOR THE PROPERTY LOCATED AT 2775 E. VERONA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0580 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #5004. Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, the City investigated in detail and found the property 2775 E. Verona Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on November 20, 2022, and issued administrative citation A7050; and WHEREAS, the City investigated in detail and found the property 2775 E. Verona Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (c) on August 26, 2023, and issued administrative citation A7138; and WHEREAS, the City investigated in detail and found the property 2775 E. Verona Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (h) on August 26, 2023, and issued administrative citation A0580; and WHEREAS, upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years; and WHEREAS Lusine Grigoryan was issued a suspension of the Vacation Rental Registration Certificate for the property located at 2775 E. Verona Rd., Palm Springs, California on October 24, 2022, with an effective suspension date of November 14, 2022, and WHEREAS, Lusine Grigoryab for the property located at 2775 E. Verona Rd., Palm Springs, California filed an administrative appeal of the suspension of the Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50 WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on November 29, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that a violation pursuant to Section 5.25.070 (h) of the Palm Springs Municipal Code occurred on August 26, 2023; and WHEREAS, the Administrative Appeals Board was presented evidence that Lusine Grigoryan is in violation pursuant to Section 5.25.090 (b) 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 November 29, 2023; 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 5.25.090(b). The Administrative Appeals Board upholds administrative citation AB0580 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 2775 E. Verona Rd., Palm Springs, California The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b). The Administrative Appeals Board overturns administrative citation AB0580 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 2775 E. Verona Rd., Palm Springs, California 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, 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 ATTACHMENT 2 ATTACHMENT 3 City of Palm Springs, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 10/05/2023 01:56PM Sarah F. 001799-0021 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2024 Item: OTHCHG 1.00 @ 911.00 Balance unpaid: -911.00 OTHER CHARGE CURRENT SVC (OTHCHG) 911.00 -------------- 911.00 Subtotal 911.00 Total 911.00 CASH 911.00 -------------- Change due 0.00 Paid by: LUSINE GUIGARYAB - AB0580 Thank you for your payment City of Palm Springs, CA COPY DUPLICATE RECEIPT ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 Submission Date This Contract Summary is for: Confirm City VR VR Property TOT #: Arrival Date: Departure Contract Contract Please Contract 2023‐01‐25 11:43:39 New Contract Summary 5004 2775 E Verona Rd 9148 01‐25‐2023 01‐27‐2023 1 2023 4 OO934472023‐02‐10 17:46:50 New Contract Summary 5004 2775 E Verona Rd 9148 02‐10‐2023 02‐12‐2023 2 2023 OO949392023‐02‐17 16:13:42 New Contract Summary 5004 2775 E Verona Rd 9148 02‐17‐2023 02‐19‐2023 3 2023 OO955102023‐03‐03 16:38:43 New Contract Summary 5004 2775 E Verona Rd 9148 03‐03‐2023 03‐05‐2023 4 2023 OO968032023‐03‐10 19:32:13 New Contract Summary 5004 2775 E Verona Rd 9148 03‐10‐2023 03‐12‐2023 5 2023 OO974502023‐04‐17 11:35:41 New Contract Summary 5004 2775 E Verona Rd 9148 04‐17‐2023 04‐19‐2023 6 2023 OO1011602023‐06‐06 10:28:00 New Contract Summary 5004 2775 E Verona Rd 9148 06‐06‐2023 06‐07‐2023 8 2023 OO1045962023‐09‐29 23:24:51 New Contract Summary 5004 2775 E Verona Rd 9148 09‐29‐2023 09‐01‐2024 15 2023 OO1107342023‐10‐07 22:47:03 New Contract Summary 5004 2775 E Verona Rd 9148 10‐07‐2023 10‐09‐2023 16 2023 OO111473Confirm City ID #: 5004This Contract Summary is f(All)Row Labels Count of MonthJan 1Feb 2Mar 2Apr 1Jun 1Sep 1Oct 1Grand Total 9Contract Summaries as of 11.14.23 ATTACHMENT 8 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 September 21, 2023 Lusine Grigoryan Re: Suspension of Short‐Term Vacation Rental Certificate 5004 for 2775 E. Verona Rd., Palm Springs, CA 92262 Upon review of the recent activity at your short‐term rental property at 2775 E. Verona Rd., Palm Springs, the City of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. In order to minimize the negative impact to the near‐term guests visiting our city who may be currently booked at your property, the suspension period will begin on October 9, 2023 and will end on October 9, 2025. All advertising of your property for short‐term renting must cease immediately. During the suspension period, your property may not be rented for short‐term stays (28 days or less) but you may rent your property as a long term rental. This suspension is being made in accordance with the City of Palm Springs Municipal Code Section 5.25.090(b) as follows: “Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years.” During the last 12 months, the following citations have been issued to the property. (Copies are attached): DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 11/20/2022 A7050 Music Audible at Property Line 5.25.070(g) 8/26/2023 A7138 Cars Exceeding the Permitted Limit 5.25.070(c) 08/26/2023 AB0580 Failure to submit contract summary 5.25.070(h) During your suspension, 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. You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f), and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of the third Administrative Citation AB0580 must be addressed at this Administrative Appeals Board hearing pursuant to the Administrative Regulation. 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 October 9, 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). To exercise your option to appeal, your completed Written Notice of Appeal Form with the non‐refundable appeal fee of $911.00 must be received by the City Clerk’s office no later than October 12, 2023 and should be addressed to: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 Respectfully, Scott Stiles City Manager cc: File;