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A7144 - Biton Packet
ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: December 27, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A7144 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 390 W. CORTEZ, PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Steven Biton has requested an appeal of administrative citation A7144 issued in the amount of $500 and two (2) year suspension of the Vacation Rental Registration Certificate #5045 for the property located at 390 W. Cortez, 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 STEVEN BITON FOR THE PROPERTY LOCATED AT 390 W. CORTEZ, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A7144 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #5045. Background The property located at 390 W. Cortez, Palm Springs California is currently registered as a Vacation Rental with Vacation Rental Registration Certificate #5045. The start date was October 1, 2022. Vacation Rental Ordinance 1918 was in effect April 2017 and later amended and reinstated in November 2022 with 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. Item 5 - Page 1 Administrative Appeals Board Staff Report December 27, 2023 -- Page 2 Vacation Rental Appeal – 390 W. Cortez Rd., Palm Springs, CA STAFF ANALYSIS First Citation: On March 19, 2023, the City of Palm Springs Code Compliance discovered a web-based advertisement for the property located at 390 W. Cortez Rd., on the rental booking platform VRBO.com via the following link: https://www.vrbo.com/3302082. Upon review of the advertisement, it was found that a copy of the current registration certificate, via posting the property's City ID # in a conspicuous location, was not included as required. Code Compliance Officer Gonzalez issued citation A6064. The officer report is included as ATTACHMENT 4. Citation A6064 was not appealed and paid in full on March 27, 2023. Second Citation: On August 6, 2023, at 7:18pm, a City of Palm Springs Code Compliance Officer responded to a complaint submitted via the Vacation Rental Hotline for the property located at 390 W. Cortez Rd., Palm Springs regarding music at or beyond the property line. Code Officer Gonzalez arrived at the property and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) Music audible at the property line at the Vacation Rental located at 390 W. Cortez Rd. Code Officer Gonzalez contacted the occupants, discussed the findings and violation, and issued citation A7686 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 5. Citation A7686 was not appealed and is currently noticed the responsible person for payment. Third Citation: On September 23, 2023, at 11:44 PM, City of Palm Springs Code Compliance Officers responded to a complaint submitted via the Vacation Rental Hotline for the property located at 390 W. Cortez Rd., Palm Springs regarding music at or beyond the property line. Code Officer Ingram and Code Office Gonzalez arrived at the property and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) Music audible at the property line at the Vacation Rental located at 390 W. Cortez Rd. Code Officers Ingram and Gonzalez contacted the occupants, discussed the findings and violation, and issued citation A7144 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 6. Citation A7144 was not appealed and was paid in full on October 3, 2023. 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. 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 November 13, 2023, for two (2) years through November 13, 2025. ATTACHMENT 7. Item 5 - Page 2 Administrative Appeals Board Staff Report December 27, 2023 -- Page 3 Vacation Rental Appeal – 390 W. Cortez Rd., Palm Springs, CA DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 3/9/23 A6064 Failure to Post City ID 5.25.040(f) 8/6/23 A7686 Music Audible at Property Line 5.25.070(g) 9/22/23 A7144 Music Audible at Property Line 5.25.070(g) 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.” The Palm Springs Municipal Code, Vacation Rentals §5.25.040 - Operational Requirements and Standard Conditions: (f) “A copy of the current Registration Certificate as issued by the City and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each Vacation Rental or Homesharing Interest, including without limitation, web based advertising, hosting platform, print media, and television. 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. 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 Item 5 - Page 3 Administrative Appeals Board Staff Report December 27, 2023 -- Page 4 Vacation Rental Appeal – 390 W. Cortez Rd., Palm Springs, CA 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 Assistant Director Department of Special Program Compliance Attachments: Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation A6064 and officer report 4 Administrative Citation A7686 and officer report 5 Administrative Citation A7144 and office report 6 390 W. Cortez Rd. suspension letter 7 Item 5 - Page 4 ATTACHMENT 1 Item 5 - Page 5 RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF STEVEN BITON FOR THE PROPERTY LOCATED AT 390 W. CORTEZ RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A7144 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #5045. 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 390 W. Cortez Rd., Palm Springs, California to be in violation pursuant to Section 5.25.040 (f) on March 9, 2023, and issued administrative citation A6064; and WHEREAS, the City investigated in detail and found the property 390 W. Cortez Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on August 6, 2023, and issued administrative citation A7686; and WHEREAS, the City investigated in detail and found the property 390 W. Cortez Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on September 22, 2023, and issued administrative citation A7144; 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 Steven Biton was issued a suspension of the Vacation Rental Registration Certificate for the property located at 390 W. Cortez Rd., Palm Springs, California on October 26, 2023, with an effective suspension date of November 13, 2023, and WHEREAS, Steven Biton for the property located at 390 W. Cortez 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 December 27, 2023; and WHEREAS, the Administrative Appeals Board was presented evidence that a violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred on September 23, 2023; and Item 5 - Page 6 Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Steven Biton 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 December 27, 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 A7144 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 390 W. Cortez 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 A7144 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 390 W. Cortez Rd., Palm Springs, California THIS PORTION OF PAGE BLANK Item 5 - Page 7 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 Item 5 - Page 8 ATTACHMENT 2 Item 5 - Page 9 Item 5 - Page 10 ATTACHMENT 3 Item 5 - Page 11 Item 5 - Page 12 Item 5 - Page 13 Item 5 - Page 14 Item 5 - Page 15 Item 5 - Page 16 ATTACHMENT 4 Item 5 - Page 17 I DATE :}, 1 h �DAY OF WEEK Si.Aod,,-.-1 I LOCATION OF VIOLATION 7'to (J. C9r-k.:7 A 6064 TIME :3 'ss I □Agent if Property Owne r I□ Tena nt □Other ��1•=A=M= :::'. = :'.E= '.:(= '.:'.Fi= '.:'.rs= :'.:t= ::, M= :'.: = :'.:id=d= ::'.'.1e= '.::.=La= :'.:s= '.:t= :'.:):= :'.: ======================D=L=o=r=1=D===::::::::1·. ;:: S k Vc n B I ic.f\ provision(s). Count PSMC Description 2. 3. COMPLIANCE ORDER d You are ordered to correct or otherwise remedy this/these violations by /(Dtf)(J4{1/ G;V You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above. Payment must be paid in full by the compliance date to avoid additional penalties. The total· CITATION PENALTY due is$ ( V <11 ADMINISTRATIVE FINE SCHE DULE ✓First Citation in a 12-Month l;'eriod r count Failure to correct the violation and pay the Administrative Fine wI in 10-days will result in an additional $500.00 penalty. □Second Citation in a 12-Month Period $1,000.00 per count SECOND ATTEMPT TO OBTAIN COMPLIANCE. Failure to correct the violation and pay ALL Administrative Fines within 10-days will result in an additional $1,000.00 penalty. □___ Citation in a ___ Month Period $1,000.00 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY MAY RESULT IN A PUBLIC NUIS ANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS -ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY. Jc.. J,. ( vM�I C..t_ c,,J< Ir ( �1Name and Dept. of Issuing Enforcement Officer s.�� Date of Issuance Type of Service D Personal CYMail SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITE: Property Owner/Resident• YELLOW: Processing • PINK: File Item 5 - Page 18 l.l IT OJ-PALM :Jl"KIN�:J DEPARTMENT OF VACATION RENTAL COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION -PLEASE READ CO MPLETELYAND CA REFULLY You have been issued an Administrative Citation for violation(s) as indicated on the reverse. ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen (15) calendar days from the date the citation is deemed served. Payment can be made by credit/debit card on line at www.CitationProcessingCenter.com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, personal check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order, and mail it to the address below. ©Q NOT send your payment to the City of Palm Springs Offices,) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO APPEAL THIS CIJAJION Payment must be made prior to appealing a citation. A responsible party receiving an administrative citation may appeal such citation within fifteen (15) calendar days from the date the citation is deemed served. An appeal must be filed in writing by using the standard Appeal Form available from the City's website at www.palmspringsca.gov specifying the appellant's full name, mailing address, citation number, and the basis for the appeal. You may also appeal after paying on-line at www.CitationProcessingCenter.com. (PO NOT send your appeal request to the C;ty of Palm Springs Offices: send it to the payment address above,) FAILURE TO ANSWER OR PAY PENALTY FOR YIOLAJION(S) Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordation of a special lien against your property. In addition, notification may be made to the State of California Franchise Tax Board. Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. APPIIIONAL INFORMATION For further information regarding the specific citation, compliance order, or to request an extension of the compliance date, please contact the City of Palm Springs Vacation Rental Compliance Department. Additional Enforcement Officer Notes: Item 5 - Page 19 City of Palm Springs 425 N O\ic Dr • Palm Springs, California 92262 Tel: (760) 322-8382 • Fax: (760) 322-8317 • www.µ,,v,1rnti.onrenmlmmpliance.co111 Department of Special Program Compliance March 22, 2023 Steven Biton Subject: pt CITATION NOTICE -VACATION RENTAL Reference: Vacation Rental Property: 390 W Cortez Rd, Palm Springs, CA 92262-1910 Dear Vacation Rental Owner: Please be advised that our office has the following citations recorded for your Vacation Rental property: DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 03/19/2023 A6064 Failure to Post City ID 0S.25.070(f) Pursuant to Palm Springs Zoning Code §93.23.lG(c), "Upon a determination by the City Manager of a third qualified violation within any twenty-four (24) month period regarding the vacation rental of an Estate House, the land use permit for such vacation rental shall be subject to revocation or modification by the Planning Commission at a noticed public hearing to be held in the manner provided for in Section 94.09.00 of this Code." Pursuant to Palm Springs Municipal Code §S.25.090(b), "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years". Pursuant to Palm Springs Municipal Code §S.25.090(f), "The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate. If you have any questions, please do not hesitate to contact me directly at 760-322-8372. You can find additional information on the Vacation Rental Ordinance by visiting our website: www.psvacationrentalcompliance.com Patrick Clifford Executive Program Administrator The Department of Special Program Compliance Cc: File, VR Property Post Office Box 2743 • Palm Springs, California 92263-2743 Item 5 - Page 20 ADMINISTRATIVE CITATION-$500.00 City of Palm Springs Department of Special Program Compliance Code Compliance Division 425 North Civic Drive, Palm Springs, CA 92262 Website: www.psvacationrentalcompliance.com Date of Issuance: 3/19/2023 Enclosed: Administrative Citation No. A6064; Steven Biton Administrative Fine$ 500.00 You are hereby notified that a Palm Springs Municipal Code violation of Section 5.25.040(f) has been determined to exist on the property described below. You are specifically responsible to ensure that this violation is corrected in compliance with this notice and to pay the Administrative Fine as required by the attached Administrative Citation. Further violations may result in the issuance of Administrative Citations with fines of $1000.00 per violation and suspension of the Vacation Rental Registration Certificate. I.The violations exist on the following property: Street Address: 390 W. Cortez Rd, Palm Springs, CA, 92264 II.A description of the conditions/violations that were found with your property are listed below: The City of Palm Springs Code Compliance Division discovered a web-based advertisement for the above property on 3/19/2023 at 3:55 p.m. on the rental booking platform Airbnb.com via the following link: https://www.vrbo.com/3302082. Upon review of the advertisement, it was found that a copy of the current registration certificate, via posting the property's City ID # in a conspicuous location, was not included as required. A copy of the advertisement as it was found at the time of the violation has been saved for our records. Ill. The codes that pertain to the violations listed in this letter are: 5.25.040 (Q Registration Certificate Required "A copy of the current Registration Certificate as issued by the City and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each Vacation Rental or Homesharing Interest, including without limitation, web-based advertising, hosting platform, print media, and television." As the Agency of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation and paying the citation in full. To pay and appeal this citation, please refer to the back of the citation for instructions or visit www.psvacationrentalcompliance.com. A copy of the PSMC applicable to this citation can also be found on our website. Please contact me with any questions at 760-322-8383. 6/2017 Item 5 - Page 21 CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation A 6064 TIME l.S5 I □Agent � Te nant I NAME (First, Middle, Last): S:kR'<.r1 B,'b:c DL or ID I You are being b;ued an Administrative Citat1onr the following Code provision(s). Count PSMC Description 2. 3. COMPLIANCE ORDER ✓ You are ordered to correct or otherwise remedy this/these violations by 1 rrn·o�d,-.ft( � You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above. Payment must be paid in full by the compliance date to avoid additional penalties. The total CITATION PENALTYdueis$ �u• / ADMINISTRATIVE FINE SCHEDULE if First Citation in a 12-Month Period �er count Failure to correct the violation and pay the Administrative Fin�-days will result in an additional $500.00 penalty. D Second Citation in a 12-Month Period $1,000.00 per count SECOND ATTEMPT TO OBTAIN COMPLIANCE. Failure to correct the violation and pay ALL Administrative Fines within 10-days will result in an additional $1,000.00 penalty. D ---Citation in a ___ Month Period $1,000.00 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY MAY RESULT IN A PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS -ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT vi I T VI" r'ALM .:»f'l'(IN\:11.:» DEPARTMENT OF VACATION RENTAL COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION -PL EASE READ COMPLETELY AND CAREFULLY You have been issued an Administrative Citation for violation(s) as indicated on the reverse. ADDITIONAL VIOLATIONS MAY RESOLT IN THE CRIMIN PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen (15) calendar days from the date the citation is deemed served. Payment can be made by credit/debit card online at www.CitationPrOC6ssingCenter.com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, personal check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any responsibility and legal con sequence for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order. and mail it to the address below. NOT send your payment t o the City of Pa lm Springs Offices.) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW JO APPEAL THIS C ITATION Payment must be made prior to appealing a citation. A responsible -party receiving ar. administrative citation may appeal such citation within fifteer. (15) calendar days from the date the citation is deemed served. An appealmust be filed in writing by using the standard Appeal Form available frorr the City's website at www.palmspringsca.gov specifying the appellant's full name, mailing address, citation number, and the basis for the appeal. Youmay also appeal after paying on-line at www CitationProcessingCenter.com.{DO NOT send your appeal request to the City of Palm Springs Offices:send it to the payment address above.) FAILURE TO ANSWER OR PAY PENALTY FOR YIOLAJION(S) Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordation of a special lien against your property. In addition, no tification may be made to the State of California Franchise Tax Board. Palm Springs Municipal Code provides for the issuance of administrative citation s for Municipal Code Violatio s. Fines are cumulative and · tions may be issued each day the iolation exist . Each and every day a violation is unaddressed constitutes a separate nd distinct offense and shall be subject to citation. ADDITIONAL INFORMATION PROPERTY IF NOT PAID BY THE RESP-··~· � ---. . . . . .. . . . . . ! -' . � ' • •1ing the specific citation, compliance order, or e compliance date, please contact the City of 11 Compliance Department U.S. Postal Servic�™ , ··: CERTIFIED MAIL® RECEIPT ·J�uJ-� CA le," Name and D pt. of Issuing Enforcement Officer .-'I ru n, Domestic Mail Only -' , · • �'i!---=-�<----......1.:........< ______ I"'-OFF SEE REVERSE SIDE FOR PAYMENT � Certified Mail Fee cO $ .-'I i:;Ext;.,,.,.ra"Se_,..,.rv.,...ices..,..,...&...,,.Fee,.,--s ,...(check,......,-..,.box-, add�fee c-- as-appro--p�ria-,ec-1/ 0 Retum Receipt (hardcopy) $ ____ _ ru WHITE: Property Owner/Resident • YEl � 0 RelJJm Receipt (electronic) $ ____ _ 0 Certified Mail Restricted Dellve,y $ ____ _ 0Adult Signature Required $ ____ _ □ 0 Adult Signature Restricted Delive,y S □ Postage n, i:$��--�----------1 n1 Total Postage and Fees n, $ ru SentTo SE Postmark Here � Street and Apt. No., or p(j Box No:··············-·········-····---···········--····-·· l"'--City;-Siate, ZIP+4•--·-··-······-······-·····-·--·-·········-··-·-·····-·······-··-····- S Form 3800 A ril 2015 PSN 7530-02 See Reverse for Instructions icer Notes: Item 5 - Page 22 Q I!i�btlps·//www vrbo comltripboa[d) Where � Palm Springs, California, United States of America Check-out � Mayl3 i :>, Guests !& 2 Guests tJnrted States of America I � I £a!m..SRC1D&1 Luxury spacious Palm Springs Home,SBR/SBA-5 min from downtown! About Amenities Rates & availability Host Rooms& beds Reviews Map Policies 0 Know before you go Check Covid restrictions �P£1lapRJy .. jQ.insherpa comhravel·restcictioos)affHiateld=vrbo) About this rental House 5 bedrooms Family spaces 8 beds . Sleeps 12 5 bathrooms 5 full baths Kitchen • Living Room • Lawn/Garden Escape to our luxurious SBR/SBA newly renovated Palm Springs retreat! 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Shan� 0 0 Your dates are available Chee.kin May7 Guests 2 guests Total i Chedc Out serrm.y 13 Total includes fees, not tax Or as low as $425/mo with aff� .Lar.n..a: Book now Q Free cancellation until ARLZ Nicole Kedar Contact host Property# 3302082 Report this property Item 5 - Page 23 Rates & availability May 2023 M T w T 2 4 6 $1276 S1276 $1276 $1276 $1276 $1276 7 8 9 10 11 12 13 $1276 $1276 51276 $1276 $1276 $1276 51276 14 15 16 17 18 19 20 $1276 $1276 51276 $1276 S1276 $1276 S1276 21 22 23 24 25 26 27 $1276 $1276 $1276 $1276 $1276 $1276 $1276 28 29 30 31 $1276 $1276 $1276 $1276 Taxes and fees are additional Additional information about rental rates Cleaning Fee Hosted by Nicole Kedar Member since 2023 Languages: English Contact host Rooms & beds Bedrooms: 5 (Sleeps: 12) Bedroom 1 King Bedroom 3 Queen Bedroom 5 Twin/Single · Queen Bathrooms: 5 Bathroom 1 Toilet -Combination tub/shower Bathroom 3 Toilet Combination tub/shower Bathroom 5 June 2023 M 4 5 $1276 S1276 11 12 $1276 $1276 18 19 $1276 S1276 25 26 $1276 S1276 Bedroom 2 Queen T w 6 7 $1276 $1276 13 14 $1276 $1276 20 21 $1276 $1276 27 28 $1276 $1276 Bedroom 4 Twin/Single • Queen living Room 1 Twin/Single Bathroom 2 T $1276 8 $1276 15 $1276 22 $1276 29 $1276 Toilet -Combination tub/shower Bathroom 4 Toilet -Combination tub/shower $1,276 /night 0 Your dates are available Check In ChedcOut Guests 2 3 $1276 $1276 Total 9 10 $1276 $1276 Total includes fees, not tax 16 17 Or as low as $425/mo with aff1Q .Learru:r $1276 $1276 23 24 $1276 $1276 30 $1276 0) Free cancellation until ARL.Z Nicole Kedar Property# 3302082 $313 Item 5 - Page 24 Toilet . Shower. Combination tub/shower Family spaces Kitchen Living Room View all rooms & beds details O Reviews This property doesn't have any reviews yet. Map Palm Springs, California, United States of America Detailed location provided after booking What's nearby 1. Las Palmas 0.9mi 2. Elvis Honeymoon Hideaway lmi 3. Desert Highland Park 0.9mi 4. Palm Springs Art Museum 2mi 5. Palm Springs Convention Center 2mi 6. Desert Fashion Plaza Shopping Center 2mi 7 -6of 12 Policies Cancellation policy Lawn/Garden Outdoor play area f,' Alta Cresta Patk Ali-.0� Desert PalisodesQ. North Lykken Trnil,A (ill) north trailhead Y z SUNRISE fii!!l ! VIS T \ CHINO EscenE ���M:: V � Palm Sprln J ' Air Muse< Palm Springs i: l. 0( "'TOWN PAL ... , 'RINGS SA.RISTO 1. fia:"l0!1M t: ,;;, \>\ oor'�.U.59661,-ll6.5470495,1�t1•!10m111e1!12bl�•apiv3�•api"13) =:, aM��J.Wt�rw>"Y � 15 � �-116.MZQAUz,,,J3&h•m&hi=eo&gl=US&mnocHan=l'Qiia) fl- � 100% refund of amount paid if you cancel by Apr 23, 2023. iLI) If you have upcoming trips, you can manage or cancel your booking in your traveler account. 50% refund of amount paid (minus the service fee) if you cancel by Apr 30, 2023. lli.ew..u=miog.tti12-(/traveler/th/bookiogs) No refund if you cancel after Apr 30, 2023. Free cancellation deadlines are in the property's timezone. Learn more about �R.Q!i.cies.. .(h.t.tRSiLb.e.!p vrbo com/artides/What-is-the-cancellation pQ!icy) 0 100%refund SO%refund No refund Damage and incidentals 0 Apr 23 Apr 30 You will be responsible for any damage to the rental property caused by you or your party during your stay. House Rules Check in after 4:00 PM Check out before 11 :00 AM Maximum overnight guests: 12 Minimum age to rent: 21 May 7 Check in $1,276 /night 0 Your dates are available Check In Check Out Guests Total Total includes fees, not tax Or as low as $425/mo with aff{,;;\ .Lfa!:nJr 8 Free cancellation until ARI-2 Nicole Kedar Property# 3302082 Item 5 - Page 25 � Children allowed: ages 0-17 � No pets allowed Cleaning practices • Cleaned with disinfectant • All towels and bedding washed in hot water that's at least 60°C/140°F fi,c Events allowed: birthday parties, family gatherings, weddings MMimum event attend� 30 � No smoking allowed Bad.yard ONLY • High-touch surfaces cleaned with disinfectant (like countertops, light switches, handles, and faucets) $1,276 /night 0 Your dates are available Check In Check Out Total Total includes fees, not tax Or as low as $425/mo with aff� J..ea!:o..!r !:iQm.e_(https//wwwvrbo comfvacation-rentals) > United States (tiops/lwwwvrbo com/vacarion-rentals/usa) > ulifQJ:ni.a_(hn:ps·//www vrbo com/vacation-reotals61sa/california) > Riverside Couoty_(https·//www vrbo com/vacation·rentals/usa/california/riverside-couoty.) > .eatm.SRCiog�(btrps·/lwNwvrbo com/vacatioo-renrals/usa/california/desertslp..alm:.spring�. Get special offers, travel inspiration, and more from Vrbo ! I Email Address Explore Vrbo lill,ym.ll[ll�_(brrps-i/wwwyrbo comayol). Book with Confidence (hrtps·//wwwvrbo comM:c:avel-witb-confideoce) Tn,st & Safery_(hrrps·/lwwwvrbo com/tn,st). Partner reso11rces (hll�pediagCOJlP comfvrbolen-usO Vacation rental guid.e5-.(b.Upst/www vrbo comtvacation-ideas) Company Abo.u.L(https://www vrbo comnlabout-vrbo) �Qill�RfQiagCQ.Up comlbrands;,utm source=vrbo&%3Butm med ium-homeRage%23brands-vrbo). Affi!iaID_(bttpsJ/affiliates expeliiagCollil.'9!!!) Media Center (ht.tpsJ/wwwvrbo com/media-centerD .8d..vf..r:ti.sg_(bttps·//advertisiogapedia com/solutions/travelbrandsfvrbo) Meet the Vrbo family lldllL(htrps-1/wwwyrbo comD llbritclfL(hnps·//www abrjtel frL) Subscribe EeWo-direkt de (https·/twww fewo-direkt deO Bookabacb co oz (hllps·//www bookabach co oz{) �(httpsJjwww.stay.z.s;orn.au/) Q Free cancellation until ARL.2 Nicole Kedar Property# 3302082 © 2023 Vrbo, an oxpodia group company. All rights reserved. Arbrr��h-!a,iiu/91)111)1'tttm)m/yrbo) Terms and Conditions (hftps·//www vrbo comtlp/b/terms-of-service ;,locale=en US8cpos=VRBO&siteid=900J00J).�� eolil;y_(bllps·//www yrbo com{IPLllJll[incycPPfilY'loca!•=•o us&pos=YBBO&sjtejd=900J OOJ) · �Y� .(bttps·//www vrbo com/dnsmRi). Item 5 - Page 26 About this rental House 5 bedrooms 8 beds Sleeps 12 5 bathrooms 5 full baths Family spaces Kitchen Living Room Lawn/Garden Escape to our luxurious 5BR/5BA newly renovated Palm Springs retreat! Our stunning spacious home boasts a pool, BBQ, fire pit, game room,outdoor seating and private mini-golf course. Perfect for lnsta worthy photos! Conveniently located just 5 minutes from downtown, you'll have easy access to Palm Springs' world-class restaurants, shops.stunning mountain views and nightlife. Book your stay today and experience the ultimate luxury vacation in Palm Springs. Item 5 - Page 27 Amenities Essentials Internet Linens provided Towels Provided Heating Hair Dryer Air conditioning Wireless Internet Fireplace Electric Toilet Paper Paper Towels Basic Soaps Shampoo Desk chair Wifi speed 250+ Mbps (good for 3-5 people or up to 10 devices) Desk Printer Free wifi Baby & toddler Toys Games for Kids Travel crib Books for kids X Item 5 - Page 28 Kitchen Microwave Refrigerator Dishes & Utensils Kitchen Dishwasher Stove Oven Grill Pantry Items Ice Maker Blender Kettle Dishes & utensils for kids Dining table Pool & spa Private pool Heated Pool Outdoor Pool Outside Outdoor Furniture Golf Fire pit Entertainment Television Item 5 - Page 29 Games Books Game Room Foosball Smart TV . Laundry Washing machine Clothes dryer Parking Parking Free Parking in driveway and on street Safety Smoke detector Fire extinguisher Exterior lighting Carbon monoxide detector Deadbolt lock First aid kit Fire station contact 911 Police contact 911 Nearby Activities Swimming Golf Item 5 - Page 30 Shopping Wildlife viewing Mountain biking Gambling casinos golf privileges optional Item 5 - Page 31 Rooms & beds Bedrooms: 5 (Sleeps: 12) Bedroom 1 King Master Bedroom Bedroom 2 Queen Orange Room Bedroom 3 Queen Yellow Room Bedroom 4 Twin/Single · Queen Gold Room Bedroom 5 Twin/Single · Queen Blue Room Living Room 1 X Item 5 - Page 32 Twin/Single Bathrooms: 5 Bathroom 1 Toilet · Combination tub/shower Bathroom 2 Toilet· Combination tub/shower Bathroom 3 Toilet· Combination tub/shower Bathroom 4 Toilet · Combination tub/shower Bathroom 5 Toilet · Shower · Combination tub/shower Family spaces Kitchen Living Room Lawn/Garden .. Item 5 - Page 33 ATTACHMENT 5 Item 5 - Page 34 Item 5 - Page 35 Item 5 - Page 36 Item 5 - Page 37 Item 5 - Page 38 Item 5 - Page 39 ATTACHMENT 6 Item 5 - Page 40 Item 5 - Page 41 Item 5 - Page 42 Item 5 - Page 43 Item 5 - Page 44 Item 5 - Page 45 Item 5 - Page 46 Item 5 - Page 47 Item 5 - Page 48 Item 5 - Page 49 Item 5 - Page 50 Item 5 - Page 51 ATTACHMENT 7 Item 5 - Page 52 \ October 26, 2023 Steven Biton City of Palm Spring~ Departmen,t of ·special-Program Compliance 425 North Civic Drive • Palm Springs, California 92262 Tel: 760.322-8382 • Fax: 7~0.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov Re: Suspension of Short-term V~cation Rental Certificate 5045 for 390 W. Cortez Rd., Palm Springs, CA 92262 Upon review of the recent activity at your short-term rental property-at 390 W. Cortez Rd., Palm Springs, the City ~f Palm Springs is suspending your Vacation Rental Registration Certificat_e 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 wi_ll begin on November 13, 2023 and will end on November 13, 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 ~itations have been issued to the property. (Copies are attached): I DATE OF VIOLATION CITATION VIOLATION ; NUMBER . 9/22/23 A7144 Music Audible at Property Line 8/6/23 A7686 Music Audible at Property Line 3/9/23 A6064 Failure to Post City ID ! PSMC 5.25.070(g) · 5.25.070(g) 5.25.040(f) During your suspension, Transient Occupancy Tax returns and annual renewal fees will still be due unless you ·! bhoose 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 Munici'pal Code, Section S.25~090(f), and pursuant to Administrative Regulation dated 8/2017 (copy a_ttached), your appeal will be heard by the Post Office Box 2743 • Palm Springs, California 9~263~2743 -- - --. -------------,,,_ _______________________ _ Item 5 - Page 53 Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of the third Administrative Citation A7144 must be addressed at this Administrative Appeals Board hearing pursuant to the Administrative Regulation. ~lease also see the attached Written Notice of Appeal Form and Filing Process information; or feel free to co·ntact 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· November 13. 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 November 16, 2023 and should be addressed to: · I Respectfully, I /4,;~ Scott Stiles tty Manager cc: File; I City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 Item 5 - Page 54