HomeMy WebLinkAboutResolution No. 0270 - Smith - UpheldRESOLUTION NO. 0270
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF THE ADMINISTRATIVE DECISION THAT
NICOLETA SMITH IS PERMANENTLY INELIGIBLE TO
OPERATE A VACATION RENTAL IN THE CITY OF PALM
SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000
FOR OPERATING AN UNREGISTERED VACATION
RENTAL PROPERTY LOCATED AT 1268 E. RAMON RD.,
#20, PALM SPRINGS, CALIFORNIA
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Nicoleta Smith did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 1268 E. Ramon Rd., #20, 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. AB0511, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 21, 2023 to
Nicoleta Smith for the property located at 1268 E. Ramon Rd., #20, Palm Springs; and
WHEREAS, Nicoleta Smith, filed an administrative appeal of the Administrative
Citation No. AB0511 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 1268 E. Ramon
Rd., #20, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on August 23, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Nicoleta Smith violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
Resolution No. 0270
Page 2
advertisement on Vrbo.com/3221818 for the property located at 1268 E. Ramon Rd.,
#20, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Nicoleta
Smith violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding
to an inquiry to book the property located at 1268 E. Ramon Rd., #20, Palm Springs and
confirmed a period less than twenty-eight (28) days; May 19, 2023, through May 22,
2023 (3-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on August 23,
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
Nicoleta Smith is permanently ineligible to operate a Vacation Rental in the City
of Palm Springs, including the property located at 1268 E. Ramon Rd., #20, 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
Nicoleta Smith is permanently ineligible to operate a Vacation Rental in the City
of Palm Springs, including the property located at 1268E. Ramon Rd., #20, Palm
Springs and the fine of $5,000.
Resolution No. 0270
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 23RD DAY OF AUGUST 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0270
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. 0270 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 23rd day of August 2023, by the following vote:
AYES: Vice Chair Paonessa, Board member Parker, Basile, Kane and
Chair Sinclair
NOES: None
ABSENT: None
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 29th day of August 2023.
Brenda Pree, MMC, CERA
City Clerk