HomeMy WebLinkAboutResolution No. 0283 - Farooqi - UpheldRESOLUTION NO. 0283
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MADHI FAROOQI FOR THE
PROPERTY LOCATED AT 2860 N. LOS FELICES RD.,
UNIT 100, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0598 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 Javaid Farooqi and Madiha Farooqi did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2860 N. Los Felices
Rd., Unit 100, 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. AB0598, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on September 19, 2023,
to Javaid Farooqi and Madiha Farooqi for the property located at 2860 N. Los Felices
Rd., Unit 100, Palm Springs; and
WHEREAS, Madiha Farooqi filed an administrative appeal of the Administrative
Citation No. AB0598 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 2860 N. Los
Felices Rd., Unit 100, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on November 29, 2023; and
Resolution No. 0283
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Javaid Farooqi and Madiha Farooqi violated Section 5.25.040(a) of the Palm Springs
Municipal Code by an advertisement on Airbnb.com/rooms/968423050113321690 for
the property located at 2860 N. Los Felices Rd., Unit 100, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Javaid
Farooqi and Madiha Farooqi violated Section 5.25.040(a) of the Palm Springs Municipal
Code by responding to an inquiry to book the property located at 2860 N. Los Felices
Rd., Unit 100, Palm Springs and confirmed a period less than twenty-eight (28) days;
November 17, 2023, through November 20, 2023 (3-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on November 29,
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
Javaid Farooqi and Madiha Farooqi are permanently ineligible to operate
a Vacation Rental in the City of Palm Springs, including the property
located at 2860 N. Los Felices Rd., Unit 100, 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 Javaid Farooqi and Madiha Farooqi are
permanently ineligible to operate a Vacation Rental in the City of Palm
Springs, including the property located at 2860 N. Los Felices Rd., Unit
100, Palm Springs and the fine of $5,000.
Resolution No. 0283
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. 0283
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. 0283 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: Vice Chair Paonessa, Board member Parker, Basile, and Chair Sinclair
NOES: None
ABSENT: Board member 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