HomeMy WebLinkAboutResolution No. 0264 - Abad - UpheldRESOLUTION NO. 0264
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0478 ISSUED IN THE AMOUNT OF $2,500 TO SHANE
ABAD AND THE ADMINISTRATIVE DECISION OF A SIX-
MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 547 N. SUNRISE WAY, 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, Shane Abad 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 547 N. Sunrise Way, hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0478 failure to file a Contract
Summary was issued on February 13, 2023 to Shane Abad for the property located at
547 N. Sunrise Way., Palm Springs; and
WHEREAS, Joshua Gilbert, on behalf of Shane Abad, filed an administrative
appeal of the Administrative Citation No. AB0478 for failure to file a Contract Summary
prior to an occupancy for the property 547 N. Sunrise Way., 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 June 28, 2023; and
Resolution 0264
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Shane Abad 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 June 28, 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 Shane Abad for the property located at 547 N.
Sunrise Way., 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 Shane Abad for the property located at 547 N.
Sunrise Way., Palm Springs
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Resolution 0264
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 28th DAY OF JUNE 2023.
Michael Paonessa
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0264
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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. 0264 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 28th day of June 2023, by the following vote:
AYES: Board member Moses, Board member Basile, and Acting Chair Sinclair
NOES: None
ABSENT: Chair Paonessa and Vice-Chair Kane
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 5th day of July 2023.
BRENDA PREE, MMC, CERA
City Clerk