HomeMy WebLinkAboutResolution No. 0275 - Johnson, Bodiya, Fisher - UpheldRESOLUTION NO. 0275
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KACY JOHNSON, AARON BODIYA
AND PAUL FISHER FOR THE PROPERTY LOCATED AT
766 E. SPENCER DR., PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0439
ISSUED IN THE AMOUNT OF $5,000 AND
ADMINISTRATIVE CITATION AB0535 ISSUED IN THE
AMOUNT OF $10,000 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 Kacy Johnson, Aaron Bodiya and Paul Fisher did not obtain a Short-
Term Vacation Rental Registration Certificate for the property located at 766 E. Spencer
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. AB0439, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 11, 2022 to
Kacy Johnson, Aaron Bodiya and Paul Fisher for the property located at 766 E. Spencer
Rd., Palm Springs; and
WHEREAS, Administrative Citation No. AB0535, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on June 27, 2023 to Kacy
Johnson, Aaron Bodiya and Paul Fisher for the property located at 766 E. Spencer Rd.,
Palm Springs; and
WHEREAS, Kacy Johnson, Aaron Bodiya and Paul Fisher, filed an administrative
appeal of the Administrative Citation No. AB0439 issued in the amount of 5,000 and
AB0535 issued in the amount of $10,000 for operating a Vacation Rental without a
Resolution No. 0275
Page 2
Vacation Rental Registration Certificate for the property located at 766 E. Spencer Rd.,
Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 27, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that Kacy
Johnson, Aaron Bodiya and Paul Fisher violated Section 5.25.040(a) of the Palm
Springs Municipal Code by an advertisement on Airbnb.com/rooms/49102019 for the
property located at 766 E. Spencer Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Kacy
Johnson, Aaron Bodiya and Paul Fisher violated Section 5.25.040(a) of the Palm
Springs Municipal Code by responding to an inquiry to book the property located at 766
E. Spencer Rd., Palm Springs and confirmed a period less than twenty-eight (28) days;
and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 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 Kacy
Johnson, Aaron Bodiya and Paul Fisher is permanently ineligible to operate a
Vacation Rental in the City of Palm Springs, including the property located at 766
E. Spencer Rd., Palm Springs, and the fines of $5,000 and $10,000.
The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board overturns the administrative decision that
Kacy Johnson, Aaron Bodiya and Paul Fisher is permanently ineligible to operate
a Vacation Rental in the City of Palm Springs, including the property located at
766 E. Spencer Rd., Palm Springs and the fines of $5,000 and $10,000
Resolution No. 0275
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 SEPTEMBER 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0275
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. 0275 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 September 2023, by the following vote:
AYES: Board Member Parker, Vice Chair Paonessa, Board Member Kane and
Chair Sinclair
NOES: None
ABSENT: Board Member Basile
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 28th day of September 2023.
Brenda Pree, MMC, CERA
City Clerk