HomeMy WebLinkAboutResolution No. 0255 Brodfuehrer;Lopez - UpheldRESOLUTION NO. 0255
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT JAMES BRODFUEHRER IS 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 2548 N.
AURORA DR., 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 James Brodfuehrer did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2548 N. Aurora Dr., Palm Springs,
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. AB0457, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on February 4, 2023, to
James Brodfuehrer for the property located at 2548 N. Aurora Dr., Palm Springs; and
WHEREAS, James Brodfuehrer & Manuella J. Lopez, filed an administrative
appeal of the Administrative Citation No. AB0457 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 2548 N. Aurora Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on April 26, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
James Brodfuehrer violated Section 5.25.040(a) of the Palm Springs Municipal Code by
Resolution No. 0255
Page 2
an advertisement on Airbnb.com/rooms/797888665848808816 for the property located
at 2548 N. Aurora Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence James
Brodfuehrer violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 2548 N. Aurora Dr., Palm
Springs and confirmed a period less than twenty-eight (28) days; March 16, 2023 to
March 23, 2023 (7-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on April 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 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
James Brodfuehrer is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2548 N. Aurora Dr., Palm
Springs 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
James Brodfuehrer is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2548 N. Aurora Dr., Palm
Springs and the fine of $5,000.
Resolution No. 0255
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.
Michael Paonessa
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0255
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. 0255 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: Boardmember Sinclair, Chair Paonessa, and Vice Chair Kane
NOES: Boardmembers Basile and Moses
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