HomeMy WebLinkAboutResolution No. 0285 - Biton - UpheldRESOLUTION NO. 0285
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
Resolution 0285
Page 2
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
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
Resolution 0285
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 27th DAY OF DECEMBER 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree
City Clerk
Resolution 0285
Page 4
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. 0285 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 27th day of December 2023, by the following vote:
AYES: Vice Chair Paonessa, Board member Kane, Basile, Parker,
and Chair Sinclair
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
BRENDA PREE
City Clerk