HomeMy WebLinkAboutResolution No. 0252 Kirakosyan - UpheldRESOLUTION NO. 0252
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ARMINE KIRAKOSYAN FOR THE
PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0448 ISSUED IN THE AMOUNT OF $2,500
AND THE TWO-YEAR SUSPENSION OF VACATION
RENTAL REGISTRATION CERTIFCATE #4048
Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs
Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board.
WHEREAS, the City investigated in detail and found the property 3149 E.
Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g)
on May 13, 2022 and issued administrative citation A6880; and
WHEREAS, the City investigated in detail and found the property 3149 E.
Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (g)
on August 13, 2022 and issued administrative citation A6723; and
WHEREAS, the City investigated in detail and found the property 3149 E.
Ventura Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070 (h)
on January 6, 2023 and issued administrative citation AB0448; and
WHEREAS, upon the third violation in any twelve-month period, the City
Manager shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS Armine Kirakosyan was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 3149 E. Ventura Rd., Palm Springs,
California on February 2, 2023 with an effective suspension date of February 20, 2023,
and
WHEREAS, Armine Kirakosyan for the property located at 3149 E. Ventura Rd.,
Palm Springs, California filed an administrative appeal of the suspension of the
Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC
Chapter 2.50
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on April 26, 2023; and
Resolution 0252
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that three
violations of Chapter 5.25 of the Palm Springs Municipal occurred in a 12-month period
regarding the property located at 3149 E. Ventura Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Armine Kirakosyan is in violation pursuant to Section 5.25.090 (b) 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 April 26, 2023;
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 5.25.090(b).
The Administrative Appeals Board upholds administrative citation AB0448 and
the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3149 E. Ventura Rd., Palm
Springs, California
The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board overturns administrative citation AB0448 and
the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3149 E. Ventura Rd., Palm
Springs, California
THIS PORTION OF PAGE BLANK
Resolution 0252
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 APRIL 2023.
MIKE PAONESSA
Chair
ATTEST:
Brenda Pree
City Clerk
Resolution 0252
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. 0252 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 April 2023, by the following vote:
AYES: Boardmembers Sinclair, Moses, Basile, Vice Chair Kane and
Chair Paonessa
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 3rd day of May 2023.
BRENDA PREE, MMC, CERA
City Clerk