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HomeMy WebLinkAboutResolution No. 0272 - Parker; Granberg - UpheldRESOLUTION NO. 0272 A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE CITATION AB0530 ISSUED IN THE AMOUNT OF $2,500 TO JOSHUA PARKER AND MARIA GRANBERG AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 806 E. RACQUET CLUB RD., 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, Joshua Parker and Maria Granberg 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 806 E. Racquet Club Rd., hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0530 failure to file a Contract Summary was issued on June 15, 2023 to Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., Palm Springs; and WHEREAS, Joshua Parker and Maria Granberg, filed an administrative appeal of the Administrative Citation No. AB0530 for failure to file a Contract Summary prior to an occupancy for the property 806 E. Racquet Club Rd.., 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 August 23, 2023; and Resolution 0272 Page 2 WHEREAS, the Administrative Appeals Board was presented prima facie evidence that Joshua Parker and Maria Granberg 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 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 5.25.070(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 Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., 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 Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., Palm Springs THIS PORTION OF PAGE BLANK Resolution 0272 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 0272 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. 0272 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: Boardmember Basile, Vice Chair Paonessa, Boardmember Kane, Parker, 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