HomeMy WebLinkAboutAB0606 - Item 6 - 2023_12_26 MB - Letter to Administrative Appeal Board
44-250 MONTEREY AVE.
PALM DESERT, CA 92260
ANDERHOLT EVANS
ATTORNEYS AT LAW OFFICE: (760) 674-0998
FAX: (760) 674-0925
WWW.ANDERHOLTEVANS.COM
ATTORNEYS AT LAW
ANDERHOLT EVANS
ATTORNEYS AT LAW
LLP
LLP
LLP
MICHELE D. BARFUSS
OFFICE: (760) 674-0998
EMAIL: MICHELE@ANDERHOLTEVANS.COM
December 26, 2023
VIA EMAIL
CITYCLERK@PALMSPRINGSCA.GOV
To: Administrative Appeals Board
City of Palm Springs
Re: Administrative Appeal Hearing for Sean Williams (12/27/2023)
To the Administrative Appeals Board,
When Mr. Williams purchased the subject property located at 3001 N. Chuperosa Road, Palm
Springs, he made every effort to ensure that he was doing things “the right way” to stay in
compliance with the City of Palm Springs’ rules and regulations regarding Vacation Rentals.
Mr. Williams believed that the best way to protect himself from the dangers of inadvertently
violating the City’s regulations was to hire a professional agent to manage his property, including
managing the application process with the City to obtain a valid Vacation Rental permit.
Unfortunately, Mr. Williams fell victim to relying on the false representations of a person who
proclaimed to be a professional who would “take care of everything” regarding his interests in
operating a Vacation Rental at his property while he was not using it. He reasonably relied on her
representations of familiarity and knowledge of the laws specific to Palm Springs, and believed
that he was protecting himself by contracting with someone who was in the business of property
management and who claimed to manage several other properties in the same area.
VIOLATION BY AGENT’S UNAUTHORIZED ACTIVITIES
Ms. Christina Slate passed herself off as a professional property manager, specifically familiar
with the City of Palm Springs’ rules and regulations as well as the ins-and-outs of the application
process for obtaining the proper permit for Vacation Rentals. As such, Mr. Williams entered into
a contractual relationship with Ms. Slate, for the sole purpose of acting as his agent for the subject
property. Ms. Slate was to handle all communications with the City while in the process of
obtaining the proper permit including providing the necessary documents for the application, and
she was also responsible for managing the property including advertising the subject property for
rent, accepting offers to rent the property, and handling all communications with the tenants, etc.
A true and correct copy of the Property Management Contract is herein attached and incorporated
by reference as Exhibit “1.”
Item 6 - Page 1
Administrative Appeals Board
December 26, 2023
Page 2 of 3
It was Mr.Williams’ understanding that by signing the contract with Ms. Slate, her actions in
managing the property would be in full compliance with all of the City’s rules and regulations
pertaining to the renting out of the property. In fact, she was only authorized to perform her duties
as an agent on his behalf in a lawful manner. The violations of the City’s Municipal Code were
due to the unauthorized and unlawful acts of Mr. Williams’ agent, Christina Slate, without
Mr. Williams’ knowledge or consent.
Please refer to the Administrative Appeals Packet:
• See Attachment 5; Pages 23, 39-40: Christina is the Host for the Property on Airbnb.com;
• See Attachment 6; Communication with Christina regarding booking the Property;
• See Attachment 8; Vacation Rental Safety Inspection Report: Christina Slate is identified
as Property Owner’s Agent.
It should be noted that upon receiving notice of the citation against his property, Mr. Williams
fired Ms. Slate as his property manager and is no longer associated with her in any capacity.
PERMIT APPLICATION WAS IN-PROCESS
On or about August 23, 2023, an application for a Vacation Rental Registration Certificate was
submitted by Christina Slate on behalf of Sean Williams for the property located at 3001 N.
Chuperosa Road, Palm Springs. Thereafter, a safety inspection was completed on or about August
30, 2023, and the agent that met the inspector at the property was Christina Slate.
It was Mr. Williams’ belief that the application process was successfully moving through the
necessary stages and that Ms. Slate was operating under the requirements specified by the City
whilst awaiting official Certification of Registration for his Vacation Rental. Mr. Williams had no
reason to believe that that Ms. Slate was operating outside the prescribed limitations that were
explicitly placed on his property while awaiting final certification and was blindsided when he
received notice of the violation from the City of Palm Springs.
A true and correct copy of Mr. Williams application packet for a Vacation Rental Registration
Certificate is herein attached and incorporated by reference as Exhibit “2.”
PROACTIVE EDUCATION: REVIEWING EDUCATIONAL MATERIAL PROVIDED
BY CITY OF PALM SPRINGS (COMPLIANCE WITH ORDINANCE 1918)
Mr. Williams has proactively made an effort to become more informed regarding Vacation Rentals
in Palm Springs. He has reviewed all of the educational materials that are provided on the City of
Palm Springs Website in an effort to demonstrate his interest and willingness to be an informed
owner who will operate in full compliance of the City’s Municipal Codes, including the
requirements of Ordinance 1918. A true and correct copy of Mr. Williams’ declaration certifying
that he watched each video provided on the City’s Website is herein attached and incorporated by
reference as Exhibit “3.”
Item 6 - Page 2
Administrative Appeals Board
December 26, 2023
Page 3 of 3
OWNER ACCEPTS RESPONSIBILITY – ASKS FOR FORGIVENESS
Mr. Williams cannot and does not argue against the fact that the violations of the Palm Spring
Municipal Code occurred. However, Mr. Williams pleads for the Administrative Appeals Panel
to exercise its discretion in reconsidering the issuance of the harshest penalty of “permanent
ineligibility” to operate a Vacation Rental in the City of Palm Springs because the acts that
occurred that were in violation of the City’s Code were by that of a third party, his agent, Ms.
Slate, and not directly by Mr. Williams. At no time did Mr. Williams authorize or consent to his
agent, Ms. Slate, renting his property in a manner that was not code compliant. His purpose for
hiring a professional agent to manage his property was to protect himself from any inadvertent
violation during the application process of obtaining the Vacation Rental Certificate of
Registration.
When taking into consideration the entirety of the circumstances surrounding the violations, it is
evident that the improper conduct is a direct result of Christina Slate’s actions as property manager,
and not specific to Mr. Williams. Therefore, it would be unfair to permanently ban Mr. Williams
from operating a Vacation Rental in Palm Springs based on the unauthorized actions of another
person. However, as stated previously, Mr. Williams realizes that it is ultimately his responsibility
as the property owner, and he is willing to pay the $5,000 fine associated with the violations.
CONCLUSION
Mr. Williams respectfully requests reconsideration of the “permanent ineligibility” to operate a
Vacation Rental in Palm Springs. He is not asking for all penalties and fines be forgiven, in fact
he is willing to pay the $5,000 as a show of good faith that he does accept some degree of
responsibility as the property owner. But he would like an opportunity to complete his Certificate
of Registration for Vacation Rental and thereafter operate in full compliance with the City of Palm
Springs’ codes and regulations. Please do not permanently penalize Mr. Williams for the offenses
of his agent, which occurred without his knowledge or consent.
Thank you for your consideration.
Very truly yours,
MicheLe D. Barfuss
Of Counsel
ANDERHOLT EVANS LLP
MDB:sdg
Enclosures: Exhibits: “1” (Property Management Contract); “2” (Application for Vacation Rental);
and “3” (Declaration of Sean Williams – Review of Educational and Training Materials).
Item 6 - Page 3
Item 6 - Page 4
Item 6 - Page 5
Item 6 - Page 6
Item 6 - Page 7
Item 6 - Page 8
Item 6 - Page 9
Item 6 - Page 10
Item 6 - Page 11
Item 6 - Page 12
Item 6 - Page 13
Item 6 - Page 14
Item 6 - Page 15
Item 6 - Page 16
Item 6 - Page 17
Item 6 - Page 18
Item 6 - Page 19
Item 6 - Page 20
Item 6 - Page 21
Item 6 - Page 22
Item 6 - Page 23
Item 6 - Page 24
Item 6 - Page 25
Item 6 - Page 26
Item 6 - Page 27
Item 6 - Page 28
Item 6 - Page 29
Item 6 - Page 30
Item 6 - Page 31
Item 6 - Page 32
Item 6 - Page 33
Item 6 - Page 34
Item 6 - Page 35
Item 6 - Page 36
Item 6 - Page 37
Item 6 - Page 38
Item 6 - Page 39
Item 6 - Page 40
Item 6 - Page 41
Item 6 - Page 42
Item 6 - Page 43
Item 6 - Page 44
Item 6 - Page 45
Item 6 - Page 46
Item 6 - Page 47
Item 6 - Page 48
Item 6 - Page 49
Item 6 - Page 50
Item 6 - Page 51
Item 6 - Page 52
Item 6 - Page 53
Item 6 - Page 54
Item 6 - Page 55
Item 6 - Page 56
Item 6 - Page 57
Item 6 - Page 58
Item 6 - Page 59
Item 6 - Page 60
Item 6 - Page 61
Item 6 - Page 62
Item 6 - Page 63
Item 6 - Page 64
Item 6 - Page 65