HomeMy WebLinkAboutResolution No. 0245 Fischer - UpheldRESOLUTION NO. 0245
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF JACKIE FISHER C/O SLOVAK BARON
EMPEY MUPRHEY PINKEY LLP FOR THE PROPERTY
LOCATED AT 3010 N. PUERTA DEL SOL, PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION
A6770 ISSUED IN THE AMOUNT OF $500 AND THE TWO-
YEAR SUSPENSION OF VACATION RENTAL
REGISTRATION CERTIFCATE #4093
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 3010 N. Puerta
Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on
October 1, 2022 and issued administrative citation A6770; and
WHEREAS, the City investigated in detail and found the property 3010 N. Puerta
Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on
July 8, 2022 and issued administrative citation A6901; and
WHEREAS, the City investigated in detail and found the property 3010 N. Puerta
Del Sol, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on
July 8, 2022 and issued administrative citation A2253; 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 Jacqueline Fischer was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 3010 N. Puerta Del Sol, Palm Springs,
California on October 24, 2022 with an effective suspension date of November 14, 2022,
and
WHEREAS, JACKIE FISHER C/O SLOVAK BARON EMPEY MUPRHEY PINKEY
LLP for the property located at 3010 N. Puerta Del Sol, 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 February 22, 2023; and
Resolution No. 0245
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on October 1, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Jacqueline Fischer 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 February 22,
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 A6770 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3010 N. Puerta Del Sol, 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 A6770 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3010 N. Puerta Del Sol, Palm
Springs, California
THIS PORTION OF PAGE BLANK
Resolution No. 0245
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 22nd DAY OF FEBRUARY 2023.
MIKE PAONESSA
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0245
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. 0245 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 22ND day of February 2023, by the following vote:
AYES: Boardmember Sinclair, Vice Chair Kane, Boardmember Hedrick and
Chair Paonessa
NOES: Boardmember 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 27th day of February 2023.
BRENDA PREE, MMC, CERA
City Clerk