HomeMy WebLinkAboutResolution No. 0268 - Pozo - UpheldRESOLUTION NO. 0268
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0503 ISSUED IN THE AMOUNT OF $2,500 TO 3065 E.
VERONA RD LLC C/O JOSUE DAVID ALMEIDA POZO
AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 3065 E. VERONA 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 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo 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 3065 E. Verona Rd., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS Administrative Citation No. AB0503 failure to file a Contract
Summary was issued on April 13, 2023 to 3065 E. Verona LLC c/o Josue David
Almeida Pozo for the property located at 3065 E. Verona Rd.., Palm Springs; and
WHEREAS Josue David Almeida Pozo, filed an administrative appeal of the
Administrative Citation No. AB0503 for failure to file a Contract Summary prior to an
occupancy for the property 3065 E. Verona 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 July 26, 2023; and
Resolution 0268
Page 2
WHEREAS the Administrative Appeals Board was presented prima facie
evidence that 3065 E. Verona Rd. LLC c/o Josue David Almeida Pozo 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 July 26, 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 3065 E. Verona Rd. LLC c/o Josue David
Almeida Pozo for the property located at 3065 E. Verona 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 3065 E. Verona Rd. LLC c/o Josue David
Almeida Pozo for the property located at 3065 E. Verona Rd.., Palm Springs
THIS PORTION OF PAGE BLANK
Resolution 0268
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 26th DAY OF JULY 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree
City Clerk
Resolution 0268
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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. 0268 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 26th day of July 2023, by the following vote:
AYES: Vice Chair Paonessa, Boardmembers Basile, Moses, 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 1st day of August 2023.
BRENDA PREE, MMC, CERA
City Clerk