The URL can be used to link to this page

Home My WebLink AboutItem 6 - Dzhrdzhyan ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: November 30, 2022 SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO NOREEN DZHRDZHYAN FOR THE PROPERTY LOCATED AT 2354 W. NICOLA RD., PALM SPRINGS. BY: Office of Special Programs Compliance Department SUMMARY Noreen Dzhrdzhyan has requested an appeal of (1) the 6-month suspension of the Vacation Rental Registration Certificate and the administrative fine of $2500.00 for failure to a submit contract summary to the Enforcement Official for the property located at 2354 W. Nicola Rd., Palm Springs. RECOMMENDATION: 1) Open the Appeal Hearing and accept public testimony. 2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF NOREEN DZHRDZHYAN FOR THE PROPERTY LOCATED AT 2354 W. NICOLA RD., PALM SPRINGS REGARDING ADMINISTRATIVE CITATION AB0412 ISSUED IN THE AMOUNT OF $2,500 AND THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report November 30, 2022 - Page 2 Vacation Rental Appeal – 2354 W. Nicola Rd., Palm Springs STAFF ANALYSIS: The owner for the property located at 2354 W. Nicola Rd. was issued administrative citation AB0412 for failure to file contract summaries to the Enforcement Official as required by The Vacation Rental Ordinance 1918 for guests stays of 28 days or less at a Vacation Rental. The Vacation Rental Ordinance No. 1918 (Palm Springs Municipal Code 5.25) requires the submittal of a Contract Summary prior to each separate guest stay of 28 days or less at a Vacation Rental. This Contract Summary allows the Office of Special Program Compliance Department to verify the contract limitations outlined in Palm Springs Municipal Code Section 5.25.070(b). Palm Springs Municipal Code (PSMC) 5.25.070(b) states “A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document”. PSMC 5.25.070(b)(iii) states “Notwithstanding the restrictions imposed by this Subparagraph, the Owner at the time an application or renewal is submitted can designate and file with the Enforcement Official the names of up to five (5) persons who may occupy the Vacation Rental unit at no cost and without requiring the presence of the Owner on the premises of the Vacation Rental. Each such occupancy shall fully comply with all other provisions of this Chapter”. On October 22, 2022 at 10:18 PM, a Code Compliance Officer was dispatched to property 2354 W. Nicola Rd. It was determined that family of the owner, whom were not on file with the Enforcement Official pursuant to PSMC 5.25.070(b)(iii) were at the property and that a Contract Summary was not filed with the Enforcement Official. ATTACHMENT 4. The City provides notice to applicants of the requirement to submit contract summaries when the application is approved and owners acknowledge annually the requirement to submit Contract Summaries during the application process. ATTACHMENT 6. The Department of Special Program Compliance determined after reviewing the notes from the Code Compliance Officer that the property was rented for short-term use and a contract summary had not been submitted for the guest stay. Staff finds that based on the information received and reviewed, that short-term vacation rental use at the property 2354 W. Nicola Rd. occurred and a Contract Summary not submitted as required prior to a guest stay of 28-days or less and proceeded to issue administrative citation number AB0412 in the amount of $2,500.00 to Noreen Dzhrdzhyan, the owner on title, for failure to file a contract summary to the Enforcement Official prior to occupancy of the Vacation Rental. The Administrative Citation was mailed by staff to the mailing address located on the title report. Administrative Appeals Board Staff Report November 30, 2022 - Page 3 Vacation Rental Appeal – 2354 W. Nicola Rd., Palm Springs The following Palm Springs Municipal Code Sections are applicable to this matter: The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows: "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,…” Palm Springs Municipal Code §5.25.070(b) reads as follows: No more than thirty-two (32) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year; however, up to four (4) additional Contracts shall be allowed or provided for the Third Quarter of a calendar year so long as the entire term of each such Contract occurs during such Third Quarter A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. Palm Springs Municipal Code §5.25.070(b)(iii) reads as follows: Notwithstanding the restrictions imposed by this Subparagraph, the Owner at the time an application or renewal is submitted can designate and file with the Enforcement Official the names of up to five (5) persons who may occupy the Vacation Rental unit at no cost and without requiring the presence of the Owner on the premises of the Vacation Rental. Each such occupancy shall fully comply with all other provisions of this Chapter. Palm Springs Municipal Code §5.25.070(h) reads as follows: ”Prior to occupancy pursuant to each separate occasion of rental of a Vacation Rental, the Owner or the Owner’s agent or representative shall enter into a written Contract with a Responsible Person where (1) the Responsible Person will provide the Responsible Person’s name, age, address, and a copy of a government issued identification; (2) establishes and sets out the terms and conditions of the Contract, including without limitation occupancy limits, noise prohibitions, and vehicle parking requirements; (3) requires the Responsible Person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the Vacation Rental or their guests with all provisions of this Chapter and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the Responsible Person provides a list of all guests by name; and (6) the Administrative Appeals Board Staff Report November 30, 2022 - Page 4 Vacation Rental Appeal – 2354 W. Nicola Rd., Palm Springs Responsible Person provides a list of all guests’ vehicles, including license plate numbers. Each Contract shall be maintained by the Owner or the Owner’s Agent for a minimum of four (4) years and shall be readily available for inspection upon request of the Enforcement Official. A summary or abstract of the written Contract, in a form approved by the Enforcement Official, shall be filed with the Enforcement Official prior to occupancy, in a manner approved by the Enforcement Official, and shall be posted in a conspicuous location on the Vacation Rental property and shall be made available on site at the request of an Enforcement Official”. Palm Springs Municipal Code §5.25.090(d) reads as follows in regards to the administrative fines: “Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section”. Patrick Clifford Executive Program Administrator Attachments: Resolution no. _____ Decision of the Administrative Appeals Board 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Code Officer October 22, 2022 Event Report 4 Administrative Citation AB0412 5 Application Documents 6 Contract Summary Review 7