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HomeMy WebLinkAboutResolution No. 0282- Grigoryab - UpheldRESOLUTION NO. 0282 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 No. 0282 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 No. 0282 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 29th DAY OF NOVEMBER 2023. Wayne Sinclair Chair ATTEST: Brenda Pree, MMC, CERA City Clerk Resolution No. 0282 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. 0282 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 29th day of November 2023, by the following vote: AYES: Boardmember Parker, Basile, Vice Chair Paonessa, and Chair Sinclair NOES: None ABSENT: Boardmember Kane ABSTAIN: None RECUSE: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 30th day of November 2023. Brenda Pree, MMC, CERA City Clerk