HomeMy WebLinkAboutResolution No. 0260 - Ridha - UpheldRESOLUTION NO. 0260
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT INTISAR SADOON AND BASIM MUHIDEAN ARE
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 505 S. FARRELL DR., #B14, 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 Intisar Sadoon and Basim Muhidean did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 505 S. Farrell Dr.,
#B14, 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. AB0490, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on March 7, 2023 to
Intisar Sadoon and Basim Muhidean for the property located at 505 S. Farrell Dr., #B14;
and
WHEREAS, Dina Ridha, on behalf of Intisar Sadoon and Basim Muhidean, filed
an administrative appeal of the Administrative Citation No. AB0490 operating a Vacation
Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000
for the property located at 505 S. Farrell Dr., #B14, Palm Springs with the City Clerk;
and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 24, 2023; and
Resolution No. 0260
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Intisar Sadoon and Basim Muhidean violated Section 5.25.040(a) of the Palm Springs
Municipal Code by an advertisement on Airbnb.com/rooms/53545750 for the property
located at 505 S. Farrell Dr., #B14; and
WHEREAS, the Administrative Appeals Board was presented evidence Intisar
Sadoon and Basim Muhidean violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 505 S.
Farrell Dr., #B14 and confirmed a period less than twenty-eight (28) days; April 5, 2023,
to April 12, 2023 (7-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 24, 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 Intisar
Sadoon and Basim Muhidean are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 505 S. Farrell
Dr., #B14 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
Intisar Sadoon and Basim Muhidean are permanently ineligible to operate a
Vacation Rental in the City of Palm Springs, including the property located at 505
S. Farrell Dr., #B14 and the fine of $5,000.
Resolution No. 0260
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 24th DAY OF MAY 2023.
Michael Paonessa
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0260
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. 0260 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 24TH day of May 2023, by the following vote:
AYES: Vice Chair Kane, Board Member Sinclair, Board Member Basile,
and Chair Paonessa
NOES: None
ABSENT: Board Member Moses
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 30th day of May 2023.
Brenda Pree, MMC, CERA
City Clerk