HomeMy WebLinkAboutAB0606 - Williams PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: December 27, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT SEAN WILLIAMS
IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF
$5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL
PROPERTY LOCATED AT 3001 N. CHUPEROSA RD., PALM SPRINGS,
CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Sean Williams has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for
operating an unregistered Vacation Rental property located at 3001 N. Chuperosa Rd.,
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 SEAN WILLIAMS FOR THE PROPERTY LOCATED AT 3001 N.
CHUPEROSA RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0606 ISSUED IN THE AMOUNT OF $5,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
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Item 6 - Page 1
Administrative Appeals Board Staff Report
December 27, 2023
Vacation Rental Appeal – 3001 N. Chuperosa Rd., Palm Springs
Background
The Department of Special Program Compliance received an application for a Vacation
Rental Registration Certificate on August 23, 2023. A safety Inspection was completed
on August 30, 2023 with a passed result. The agent that met with the inspector was
Christina Slate and the passed results were communicated to Christinas yahoo email
address. Additionally, the email includes language shown below and attached as
Attachment 8.
STAFF ANALYSIS:
The owners for the property located at 3001 N. Chuperosa Rd., Palm Springs did not hold
a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on October 6, 2023.
Staff has determined that the owners have, without a Registration Certificate, advertised
and operated the property at 3001 N. Chuperosa Rd., as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/956652859614315984 listed as “Villa
Chuperosa” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/956652859614315984 lists minimum stay 3-
nights. ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates April 18, 2024, through April 23, 2024 (5-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates April 18, 2024, through April 23, 2024 (5-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/956652859614315984 and
inquiry affirmation for the dates April 18, 2024, through April 23, 2024 (5-nights) for stay
at property 3001 N. Chuperosa Rd., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0606, in the amount of $5,000, to Sean Williams, the owner on
title, for operating a Vacation Rental without a Vacation Rental Registration Certificate.
The Administrative Citation was mailed by the Department of Special Program
Compliance staff to the mailing address on title.
Item 6 - Page 2
Administrative Appeals Board Staff Report
December 27, 2023
Vacation Rental Appeal – 3001 N. Chuperosa 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.”
Item 6 - Page 3
Administrative Appeals Board Staff Report
December 27, 2023
Vacation Rental Appeal – 3001 N. Chuperosa 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
Assistant Director
Department of Special Program Compliance
Attachments:
AB0606 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0606 & citation letter 4
Copy of the Airbnb.com/rooms/956652859614315984 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
Safety Inspection 8
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ATTACHMENT 1
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RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF SEAN WILLIAMS FOR THE
PROPERTY LOCATED AT 3001 N. CHUPEROSA RD.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0606 ISSUED IN THE
AMOUNT OF $5,000 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 Sean Williams did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 3001 N. Chuperosa 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. AB0606, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on October 10, 2023, to
Sean Williams for the property located at 3001 N. Chuperosa Rd., Palm Springs; and
WHEREAS, Sean Williams filed an administrative appeal of the Administrative
Citation No. AB0606 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 3001 N.
Chuperosa Rd., Palm Springs with the City Clerk; and
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
Sean Williams violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
Item 6 - Page 6
Resolution No.
Page 2
advertisement on Airbnb.com/rooms/956652859614315984 for the property located at
3001 N. Chuperosa Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Sean Williams is in violation of Section 5.25.040(a) of the Palm Springs Municipal Code
by a response to an inquiry to book the property located at 3001 N. Chuperosa Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; April 18,
2024, through April 23, 2024 (5-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on December 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
Sean Williams is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 3001 N. Chuperosa
Rd., Palm Springs and the fine of $5,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Sean Williams is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 3001 N. Chuperosa Rd., Palm Springs and the fine of
$5,000.
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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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ATTACHMENT 2
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ATTACHMENT 3
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City of Palm Springs, CA
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
10/26/2023 03:25PM Shahriar
001888-0004
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2024 Item: OTHCHG
1 @ $911.0000
Balance unpaid: -$911.00
OTHER CHARGE CURRENT
SVC (OTHCHG) $911.00
--------------
$911.00
Subtotal $911.00
Total $911.00
TP CREDIT CARD $911.00
************7601
Ref=d8b30f18-ded9-476c-91c3-0c6ac16bd7b2
Auth=08275D
--------------
Change due $0.00
Paid by: SEAN WILLIAMS | CITATION
APPEAL#0606
Thank you for your payment
City of Palm Springs, CA COPY
DUPLICATE RECEIPT
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ATTACHMENT 4
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ATTACHMENT 5
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ATTACHMENT 6
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ATTACHMENT 7
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ATTACHMENT 8
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Wednesday, August 30, 2023
Vacation Rental Safety Inspection
Report
PROPERTY STATUS:
PASSED SAFETY INSPECTION - Congratulations! Your Vacation Rental/Homeshare has PASSED the
Vacation Rental/Homeshare Safety Inspection. There is no additional action needed on your part.
VR Property Owner's/Agent Name:
Christina Slate
Property Type:
Single Family Private Pool
Owner's/Agent's Phone Number:
Owner's/Agent's Email:
@yahoo.com
Please select PASS or CORRECTION NEEDED for each item. If a CORRECTION NEEDED is selected,
please specify the reason in that same box or in the Notes box.
Code Compliance Officer Name:
David Williams
Vacation Rental/Homeshare Address:
3001 N CHUPEROSA RD
92262
Code Compliance Officer's Email:
david.williams@palmspringsca.gov
Type of Inspection?
New Applicant
1. Unit address number must be clearly and easily visible from the street view on the unit
structure or component of the structure. Address numbers may not be less than 4 inches tall.
PASS
2. Number of Bedrooms:
3
Bedroom #1
PASS
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Bedroom #2
PASS
Bedroom #3
PASS
3. Smoke Alarms present in the hallway leading to bedrooms, and 1 at the top of the stairs (if
applicable). (City Ordinance 1833, 2013 California Fire Code, Subsection 907.2.11.6 and
California Health & Safety Code 13113.8.)
PASS
4. Minimum of 1 Carbon Monoxide Alarm present, operational and in close proximity to the
bedrooms. Plug in Carbon Monoxide Alarms are not permitted. Carbon Monoxide alarms must
be wall/ceiling mounted and may be a Carbon Monoxide (CO) & Smoke Combination Alarm. This
section shall not apply if the property has no fossil fuel burning appliances, furnaces or
fireplaces, AND has a detached garage. (CFC 915)
PASS
5. All cooking areas shall have a fire extinguisher with a minimum rating of 2A-10BC in a
permanently mounted, unobstructed, accessible and labeled (lettering a minimum of 1”)
location, and shall be no further than 20 ft. from the cooking appliance. One FX can service 2
cooking locations.
PASS
6. No fire extinguishers shall be older than 6 years from the date of manufacture.
PASS
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7. Legible sign posted at least 9”x 6”, “SWIM AT YOUR OWN RISK” visible from all doors leading
to the pool area. Sign lettering size must be no less than 1 inch.
PASS
Inspector notes:
******** IMPORTANT MESSAGE FOR NEW APPLICANTS ********
DO NOT ADVERTISE OR RENT YOUR PROPERTY SHORT TERM UNTIL YOU HAVE RECEIVED WRITTEN
AUTHORIZATION FROM THE DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE. PASSING THIS
SAFETY INSPECTION DOES NOT GRANT PERMISSION TO ADVERTISE, OPERATE OR RENT YOUR
PROPERTY SHORT TERM. PASSING THIS SAFETY INSPECTION DOES NOT GUARANTEE THE ISSUANCE
OF A PERMIT.
POOL SECTION
11. Pool & Spa GFCI receptacle properly reset at the time of the inspection.
PASS
10. All side gates leading into the pool area must have a working, self-closing spring and a
latching device. (The side gates leading into the pool area must have a self-closing,self-latching
device. The gate must open outward away from thepool. The latching shall be no less than 54”
high OR it must be located on the pool side of the gate, 3” or more below the top of gate)
PASS
8. Telescoping rescue pole(can be a skimmer pole) is present and visible from the pool area
PASS
9. All doors leading to the pool areas must have an audible sound whenever opened and heard
throughout the home. An alarm device may not be installed lower than 60 inches from the floor.
PASS
Any outstanding Code Violations per Building &
Safety Dept?
NO
ANY ADDITIONAL NOTES BY THE INSPECTOR:
YES
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