HomeMy WebLinkAboutResolution No. 0277 - Ebstein - UpheldRESOLUTION NO. 0277
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0566 ISSUED IN THE AMOUNT OF $2,500 TO
EPHRAIM EBSTEIN AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR
THE PROPERTY LOCATED AT 2300 S. CALLE PALO
FIERRO, 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, Ephraim Ebstein did not file a Contract Summary for an occupancy
28 days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, “Vacation Rental” means a single-family dwelling, or any portion
thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or less; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 2300 S. Calle Palo Fierro, hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0566 failure to file a Contract
Summary was issued on August 8, 2023 to Ephraim Ebstein for the property located at
2300 S. Calle Palo Fierro, Palm Springs; and
WHEREAS, Ephraim Ebstein, filed an administrative appeal of the Administrative
Citation No. AB0566 for failure to file a Contract Summary prior to an occupancy for the
property 2300 S. Calle Palo Fierro, Palm Springs to the Enforcement Official with the
City Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 27, 2023; and
Resolution 0277
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Ephraim Ebstein violated Section 5.25.070 (h) 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 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 5.25.070(h).
The Administrative Appeals Board upholds the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Ephraim Ebstein for the property located at
2300 S. Calle Palo Fierro, Palm Springs
The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h).
The Administrative Appeals Board overturns the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Ephraim Ebstein for the property located at
2300 S. Calle Palo Fierro, Palm Springs
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Resolution 0277
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 0277
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. 0277 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: Vice Chair Paonessa, Board Member Parker, 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