HomeMy WebLinkAboutItem 4 - Langley ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: October 26, 2022
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT RICHARD
LANGLEY 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 483 E. SANTIAGO WAY, PALM
SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Richard Langley has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for
operating an unregistered Vacation Rental property located at 483 E. Santiago Way, 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 RICHARD LANGLEYFOR THE PROPERTY LOCATED AT 483 E.
SANTIAGO WAY, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0409 ISSUED IN THE AMOUNT OF $5,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
THIS PORTION OF PAGE BLANK
Administrative Appeals Board Staff Report
October 26, 2022
Vacation Rental Appeal – 483 E. Santiago Way, Palm Springs
BACKGROUND
On Saturday September 17, 2022 the City of Palm Springs Vacation Rental Hotline
received a call reporting loud music at the property located at 483 E. Santiago Way, in
Palm Springs. A Code Compliance Officer arrived at the property at 12:00 pm, contacted
the guests, and determined that the property was being rented as the guests provided a
rental receipt from Airbnb.
STAFF ANALYSIS:
The owner for the property located at 483 E. Santiago Way, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
administrative citation issuance on September 17, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 483 E. Santiago Way, as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement airbnb.com/rooms/708081981832342417 listed as “Luxury
Entertainers Dream Home on Golf Course” ATTACHMENT 6
2. Airbnb receipt ID: RCK2FDQAC2 for stay between September 16, 2022 to
September 19, 2022 (3-nights) in the amount of $1,055.99
Staff finds that the airbnb.com/rooms/708081981832342417 advertisement and receipt
for the dates September 16, 2022 to September 19, 2022 (3-nights) for stay at property
483 E. Santiago Way, is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0409, in the amount of $5,000, to Richard Langley, the owner
on title, for operating a Vacation Rental without a Vacation Rental Registration Certificate.
The Administrative Citation was mailed by the Department of Special Program
Compliance staff to the mailing address on title.
The following Palm Springs Municipal Code s sections and Regulations 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 §5.25.040(a) reads as follows:
The operation of a Vacation Rental or a Homeshare Interest without a Va cation
Rental Registration Certificate is prohibited.
Administrative Appeals Board Staff Report
October 26, 2022
Vacation Rental Appeal – 483 E. Santiago Way, Palm Springs
Palm Springs Municipal Code §5.25.090(c) reads as follows in regards to the
administrative fines:
(c) Any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City for the payment of transient
occupancy tax pursuant to the provisions of the Palm Springs Municipal
Code Chapter 3.24, including without limitation penalties and interest,
payment of an administrative fine in the amount of Five Thousand Dollars
($5,000.00), and permanent ineligibility to operate a Vacation Rental in the
City…”
Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining
“Operation” of a Vacation Rental to include the following:
1. “Advertisement” of the property means on any web based advertising,
hosting platform, print media, bulletin, signage, radio, and television or
on 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.
2. An owner, agent or other representative of the owner has an interest in
rental, exchange, trade, gift, or grant of a guest stay at a property of less
than twenty-eight (28) consecutive days or less.
3. An owner, agent or any other representative of the owner interacts with
another party whether directly or indirectly through personal or
digital/electronic contact with the intent to provide availability of the
property for occupancy of 28 days or less, or to complete a rental and/or
reservation of the property for future occupancy of 28 days or less.”
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Administrative Appeals Board Staff Report
October 26, 2022
Vacation Rental Appeal – 483 E. Santiago Way, Palm Springs
Patrick Clifford Mitchell Nabhan
Executive Program Administrator Code Compliance Supervisor
Department of Special Program
Compliance
Department of Special Program
Compliance
Attachments:
AB0409 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0409 & citation letter 4
Copy of Code Compliance Report 5
Copy of the airbnb.com/rooms/645142156798782434 6
Code Officer Airbnb receipt 7
Copy of the title report 8
THIS PORTION OF PAGE BLANK
ATTACHMENT 1
RESOLUTION NO. ____
Adopt Resolution No. ______, A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF
RICHARD LANGLEY FOR THE PROPERTY LOCATED AT
483 E. SANTIAGO WAY, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0409 ISSUED
IN THE AMOUNT OF $5,000 AND THE PERMANENT
INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE
CITY OF PALM SPRINGS
Jurisdiction: This administrative hearing is conducted in accordance with P alm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Richard Langley did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 483 E. Santiago Way, 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, a City of Palm Springs Code Compliance Officer, in response to a
complaint submitted to the city’s 24-hour Vacation Rental Hotline regarding loud music,
investigated the property located at 483 E. Santiago Way and found the property
operating as a Vacation Rental;
WHEREAS, Administrative Citation No. AB0409 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on September 17, 2022,
to Richard Langley for the property located at 483 E. Santiago Way, Palm Springs; and
WHEREAS, Richard Langley, filed an administrative appeal of the Administrative
Citation No. AB0409 operating a Vacation Rental without a Vacation Rental Regis tration
Certificate issued in the amount of $5,000 for the property located at 483 E. Santiago
Way, Palm Springs with the City Clerk; and
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on October 26, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence Richard
Langley violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement on the website ai airbnb.com/rooms/708081981832342417 for the
property located at 483 E. Santiago Way, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Richard
Langley violated Section 5.25.040(a) of the Palm Springs Municipal Code by Airbnb
receipt ID: RCK2FDQAC2 for stay between September 16, 2022 to September 19, 2022
(3-nights) in the amount of $1,055.99
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on October 26,
2022; 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
Richard Langley is permanently ineligible to operate a Vacation Rental in the City
of Palm Springs, including the property located at 483 E. Santiago Way, 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
Richard Langley is permanently ineligible to operate a Vacation Rental in the City
of Palm Springs, including the property located at 483 E. Santiago Way, Palm
Springs and the fine of $5,000
Resolution No.
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 DAY OF 2022.
Michael Paonessa
Chair
ATTEST:
Brenda Pree
City Clerk
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. 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 day of , by the following vote:
AYES:
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 day of .
Brenda Pree
City Clerk
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