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HomeMy WebLinkAboutItem 3 - SedaghatiItem 3 - 1ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: July 27, 2022 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT AMIR SOHEIL SEDAGHATI 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 1351 E. GEM CIR, PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Amir Soheil Sedaghati 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 1351 E. Gem Cir., 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 AMIR SOHEIL SEDAGHATI FOR THE PROPERTY LOCATED AT 1351 E. GEM CIR, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0379 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 Item 3 - 2Administrative Appeals Board Staff Report July 27, 2022 Vacation Rental Appeal -1351 E. Gem Cir., Palm Springs BACKGROUND On March 7, 2022 received an application for a Vacation Rental Registration Certificate for the property located at 1351 E. Gem Cir., Palm Springs. The application was accepted and routed for processing. At this point in time, there were approximately 54 new individual applications, 74 individual renewal applications, 34 new agency applications and 58 renewal agency applications currently in process pending issuance of a Vacation Rental Registration Certificate. Staff was processing new applications approximately in 90-days. A safety inspection was scheduled for March 28, 2022. The results from this inspection was a passed safety inspection. This passed inspection is not authorization to operate a Vacation Rental. The property located at 1351 E. Gem Cir received three complaints to the Vacation Rental hotline. The first complaint was received on April 15, 2022 at approximately 8: 10 am stating "I want to report a violation. There is someone here who does not have a short-term vacation operation license". The second complaint was received on April 16, 2022 at approximately 3:38pm stating 'They were trespassing doing a photo shoot on the driveway, the front porch & all through the garden. I have it all on my security camera". A third complaint was received on April 17, 2022 at approximately 6:69pm stating" I called about the same property yesterday. The renters are trespassing on my property to take pictures. They have left. I have security footage. I am not here. I'm witnessing though security footage property. ATTACHMENT 5 A Code Officer received an email with advertisement link airbnb.com/rooms/597363452718802586 to investigate for the property 1351 E Gem Cir. The application for a Vacation Rental Registration Certificate for the property located at 1351 E. Gem Cir. was placed on hold due to citation AB0379 issuance. STAFF ANALYSIS: The owner for the property located at 1351 E. Gem Cir., 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 April 20, 2022. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 1351 E. Gem Cir., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement airbnb.com/rooms/597363452718802586 listed as "Sweet 3-bedroom desert home" ATTACHMENT 6 2. Advertisement airbnb.com/rooms/579717555581763252 states 1 review in April, 2022 ATTACHMENT 6 Item 3 - 3Administrative Appeals Board Staff Report July 27, 2022 Vacation Rental Appeal -1351 E. Gem Cir., Palm Springs 3. In response to a city inquiry, a Code Compliance Officer submitted an online booking inquiry to stay during the dates May 19, 2022 to May 29, 2022 (10 nights) ATTACHMENT 7 4. A response was received by the Code Compliance Officer confirming availability for the dates May 19, 2022 to May 29, 2022 (10 nights) ATTACHMENT 7 Staff finds that the advertisement airbnb.com/rooms/597363452718802586 and inquiry affirmation for the dates May 19, 2022 to May 29, 2022 (10 nights) for stay at property 1351 E. Gem Cir., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0379, in the amount of $5,000, to Amir Soheil Sedaghati, 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 Codes 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 Vacation Rental Registration Certificate is prohibited. 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 C·t ,, ,y ... Item 3 - 4Administrative Appeals Board Staff Report July 27, 2022 Vacation Rental Appeal -1351 E. Gem Cir., Palm Springs 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 Jess. 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 Jess 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 Jess." 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." r")~-~kClifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0382 Resolution no. ____ Notice of Appeal Hearing Administrative citation Appeal Letter Administrative citation AB0382 & citation letter Copy of Hotline complaints Copy of email notification Copy of the airbnb.com/rooms/579717555581763252 Code Officer Inquiry Copy of the title report 1 2 3 4 5 6 7 8 9 Item 3 - 5ATTACHMENT 1 Item 3 - 6RESOLUTION NO. Adopt Resolution No. ___ , A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF AMIR SOHEIL SEDAGHATI FOR THE PROPERTY LOCATED AT 1351 E. Gem Cir., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0379 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 Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Amir Soheil Sedaghati did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 1351 E. Gem Cir., 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. AB0379 operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on April 20, 2022 to Amir Soheil Sedaghati for the property located at 1351 E. Gem Cir., Palm Springs; and WHEREAS, Amir Soheil Sedaghati, filed an administrative appeal of the Administrative Citation No. AB0379 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 1351 E. Gem Cir., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on July 27, 2022; and WHEREAS, the Administrative Appeals Board was presented evidence Amir Soheil Sedaghati violated Section 5.25.040(a) of the Palm Springs Municipal Code by Item 3 - 7Resolution No. Page2 an advertisement on airbnb.com/rooms/597363452718802586 for the property located at 1351 E. Gem Cir., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Amir Soheil Sedaghati violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 1351 E. Gem Cir., Palm Springs and confirmed a period less than twenty-eight (28) days; May 19, 2022 to May 29, 2022 (10 nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on July 27, 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. 0 The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Amir Soheil Sedaghati is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1351 E. Gem Cir., Palm Springs and the fine of $5,000. D The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board overturns the administrative decision that Amir Soheil Sedaghati is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1351 E. Gem Cir., Palm Springs and the fine of $5,000 Item 3 - 8Resolution No. Page3 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. ATTEST: Monique Lomeli Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) Michael Paonessa Chair I, Monique Lomeli Interim 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 ________ _ Monique Lomeli Interim City Clerk Item 3 - 9ATTACHMENT 2 Item 3 - 10NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA BEFORE THE ADMINISTRATIVE APPEALS BOARD TO: Amir Soheil Sedaghati NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.0S0(d), of the Appeal Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program Compliance, Violation of the Palm Springs Municipal Code 5.25, with respect to vacation rental operations located at 1351 Gem, Palm Springs, CA. Hearing Date: Wednesday, July 27, 2022 Hearing Time: 5:30 p.m. Location: Zoom Meeting: Link will be provided no later than 72 hours in advance. The Administrative Appeals Board requests that if you have supplemental documentation/evidence, that you provide such documentation 24-hours in advance of the hearing. You may submit your documentation in person or via email at CityClerk(@.pa1mspringsca.sov. Documentation submitted at the meeting will be accepted; however, if the Board does not think it has adequate time to review your documentation. your appeal hearing may be continued to a future meeting. A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at CitvClerk@palmspringsca.gov. State of California ) County of Riverside ) ss. City of Palm Springs ) AFFIDAVIT OF MAILING I, MONIQUE LOMELI, City Clerk, of the City of Palm Springs, California, do hereby certify that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the address above, on July 14, 2022. I declare under penalty of perjury that the foregoing is true and correct. Isl Monique M. Lomeli, CMC Interim City Clerk Item 3 - 11ATTACHMENT 3 Item 3 - 12-~ ~ palr.'~t 5 /.~) /2.oz. 7-(~ ~ City of Palm Springs O J-M~ ) Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 TEL: (760) 323-8204 I FAX: (760) 323-8332 Administrative Appeals Board Filling Process -Vacation Rentals When to file your Appeal r--> c::> ,-) t-J -:::.-C..) .-.. c..n w C .-1 .. :' .. r·• C ~-0'I --J'l I"' ~Ci :::0 ..... C, ,r, If you have received a Vacation Rental Certificate Suspension Notice or a Vacation Rental Certificate Revocation Notice or a Denial of a Vacation Rental Registration Certificate and wish to appeal, you have FIFTEEN (JS) calendar days from the date of the citation to submit your Appeals Form and pay the appeal fee. Where to file your Appeal Mail your completed Written Notice of Appeal Form and your appeal fee to: Scheduling the Appeal Hearing City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 The Office of the City Clerk will schedule your Appeal within forty-five (45) days of receiving the Written Notice of Appeal Form and appeal fee. You will be mailed written notice to the address specified on your form; this will indicate the time and place for your Appeal Hearing with the Administrative Appeals Board. This notice will be mailed to you at least ten (10) calendar days prior to your Hearing date. Appearing at the Appeal Hearing Failure to appear at your scheduled Hearing shall constitute a forfeiture of the fine and a failure to exhaust the Appellant's administrative remedies. At the Appeal Hearing, you will be required to take an oath, and you may present your testimony or evidence (either written or verbal) concerning the violation. All hearings are open to the public. After the Appeal Hearing The Administrative Appeals Board will render its decision within fifteen (15) days following the conclusion of the hearing of the appeal, unless extended for good cause. No later than five (S) days following the Appeals Board decision the City Clerk will mail a copy of the decision to the Appellant. The Appeals Board decision constitute final administrative action on the matter. If the Hearing Officer dismisses the Administrative Citation, the penalty and the appeal fee will be returned to the appellant. If the Hearing Officer upholds the administrative citation the penalty and the appeal fee are retained by the City and the property owner or individual receiving the citation must correct the violation or face criminal prosecution and/or the imposition of additional administrative penalties. llPage Item 3 - 13City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 TEL: (760) 323-8204 I FAX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVOCATION OR DENIAL AVISO ESCRITO DE FORMULARIO DE APELACION PARA SUSPENSION REVOCACION O NEGACION DEL CERTIFICADO DE AlQUILER DE VACAOONl:S If you have received a Suspension, Revocation or Denial Notice of a Vacation Rental Registration Certificate from the City of Palm Springs Vacation Rental Compliance Department, please use this form to request an appeal. You must Include payment of the appeal fee with this form./ Si recibi6 un aviso de suspension revocaci6n o denegaci6n de un certificado de registro de alquiler vacacional del Departamento de cumplimiento de alquileres vacacionales de la ciudad de Palm Springs, utilice este formulario para solicitor una apealaci6n. Debe incluir el pogo de la tori/a de apelacion con este formularlo. VACATION PROPERTY ADDRESS, IF APPLICABLE/ OIRECCI N DE PROPIEDAO VACACIONAL, SI ES APLICABLE 31Page This completed form must be sent to: City of Palm Springs: Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 Item 3 - 14City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 TEL: (760) 323-8204 I FAX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVOCATION OR DENIAL PLEASE COMPLETE THE FOLLOWING QUESTIONS/ POR FAVOR COMPLETE LAS SIGUIENTES PREGUNTAS: ATTACH ADDIONAL SHEETS, AS NECESSARY. PLEASE BE DETAILED; YOU MAY ALSO PRESENT FACTS AND EVIDENCE AT THE TIME OF YOUR APPEAL HEARING./ ADJUNTE HOJAS ADICIONALES, COMO NECESARIO. POR FAVOR DETALLADO; TAMBl~N PUEDE PRESENTAR HECHOS Y PRUEBAS AL MOMENTO OE SU AUOIENCIA DE APELACION. 1. State the specific action being appealed/ lndique la acci6n especifica que se est~ apelando. a~RAT1c,(V \JJ/o VtOCftT,of{ K.EN'fJl l<fG Cf RT 2. Specify the grounds of the appeal I Especifique los motives de la apelaci6n. w1Tf1 Res.Pe Cf TQ Ti•f c lfY lf.J\,J(\ i REG UL~110N11 UN!f R. Tl~£ ,r~" p Rf ~i0iN T~1r,T 1 1-H1Vt t=e1NE" ALL N\'Y Pfll'ER \:-.r,R.t_·~ AL'v o ,~ c11y OONE Ti-16tR 0.i\JJN 1(\8,ftc ftCt/J r AL~0i tl-lE VA~ER.'S <;f\ 'i\fJ6 iT \AKES LtS ~~ 'R . \ --n~eU~T \ AN\ ~o 1<J ~fl R-1 ~EfJi\/lG 3. Specify the relief you are seeking/ Especifique el alivio que busca. Wl-\AT \ flvYl ~C:,EK1/V~ IS THf\T THE= f::DAKD UNDEk~fAfvP '/\"-y ~i\}A\\O~ ShfiCE \ AN, (VC\.0 TC\ THlS , AvVD ~ I ('1.\-1fl\{V~O 'Ta TW~ ~\S(J)N \f~ Ct\f\~(;F ' P\D (YQ\ ~--(J:J\J AN~ ,l\rC\~5 ~ PLEr-G~ \ iE-LP rv,E ,c: \NOR.le. n~ \fl1G~ au r e_, NC!>f fA ~ lt\'\\T. 41Page Item 3 - 15City of Palm Springs, CA i'DIANCE DZPARTMEH'l' PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 000417-0043 Shahriar 05/31/2022 03:02PM MISCELLANEOUS ·OTHER CHARGE CURRENT SVC (OTHCHG) 2022 Item: OTHCHG Balance unpaid: -802.00 OTHER CHARGE CORP.ENT SVC (OTHCHG) ~ubtotal ~otal VISA, MASTERCARD & "DISCOVER 1614 Change due 802.00 802.00 802.00 802.00 802.00 0.00 Paid by: AMIR SOHEIL SEDAGffATI I VACATION RENTAL APPEAL -1351 G~M CIR, -AB0379 Thank you for your payment CUS'l'OMER COPY Item 3 - 16ATTACHMENT 4 Item 3 - 17(I) CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation AB0379 I DATE DAY OF WEEK TIME 04/11122 lllondaY 9:S1 All ~LOCATION OF VIOLATION NAME (First, Middle, Lall): DLorlD Amir Sohell Sedaghatl ~1---S-TA_JE ___ z_i_P_ -for the following Code pnwllion(I). Count PSMC Detctiption 1. 5.25,040(1) OPOATING A VACATION RENTAL W/<Xtr A VACA110N RENTAL REGISTRATION almFICATE VIOLATIONS z. 5.25.090(cJ COMPLIANCE O DER You are ordered to comict or otherwite remedy lhiallh... vtolat1on1 b>f: 11 CN-MQAR QA:U fRQM IIAJUNG DAJE 9E CUIJIQN. You are further 0l'denld to pay en Admlnla11'11tive Fine 11 prescribed In the IIChedule below for elldl count lilted above. Payment must be paid In full bV the compliance date to avoid acldi11onll penalties. The total CITATION PENALTY due is $I.RIIUR. ADMINISTRATNE FINE SCHEDULE ~ First violation -Operating without a Vacation Registration Certificate $5000.00 and permanent ineligibility to operate • Second violation -Operating without a vacation Reglstratlor Certificate: $10,000.00 c First violation -Advertising without posting TOT/City ID number; operating without a contract; failure to provide contract summary; failure to pay TOT timely: $2500.00 and 6 month suspension c Second violation -Advertising without posting TOT/City number; operating without a contract: failure to provide contract summary: failure to pay TOT timely: $5,000.00 and revocation Other/De · ·on: David Williams -DSPC 04/20/2022 Date of IUYance Type of ServiCe c Pe110nal ')(Mail COPY TO PROPERTY O\\1\IERIAGENT; PROCESSING; FILE Item 3 - 18CITY OF PALM SPRINGS DEPARTMENT OF SPECIALPACGRAMCOMPUANCE ADMINISTRATIVE CITATION IMPORTANT INEQRIIAJIQN-PLEASE READ CQMpLETELYAND CAREFULLY You have been islued an Administrative Citation for violation(a) as lndlcatec on the reverse.ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION ANO/ORADDmONALADMINISTRATIVE FINES. HOW TO PAY THE fJNE The amount of fine Is indicated on the front of the Administrative Citation. The fine must be paid wtthjn MMD <15) calendar days from the date the citation ia mailed. Payment can be made by credit/debit card on-line al www.CltationProcesslngCenter.com or by calling 1-800-969-6158. Payments are also accepted In the form of a c:aahler'a check, persona check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or diScha,ve any responsibility and legal conNQuences for continuation or reported occurrences of the violatlon(a). Write the citation number on the check/money order, and mail It to the address below. mg NOT ffnd your payment to the Cky of Pllro IRdDAI Qfflcn.) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO 6PPEAL TH,S CIJATIQN A responalble party receiving an administrative citation may appeal such citation witbio fiftno (15) celtQdar days from the date the citation i8 malled. The provisions of Pun Springs Municipal Code Chapter 2.50 wll apply to appeals. An appeal muat be flied In writing by ualng the applicable request for appeal form available from the City's website at WW:WPIPl:Pfln91cf 99Y OR WWW,PIQC4ti0n[ll)bkgmp/jfga cpro, II you choose to appeal thla citation, payment of the administrative fine i8 suspended pending a final decision by the AdminiStrative Appeals Board. However, you must pay the current appeal fN and submit the request fo1 appeal form to the Palm Springs Office of the City Clerk no later than fifteen (15) calendar daya from the date the eltatlon Is mailed. PAYMENT OF THE ADMINISTRATIVE FINE MUST BE SENT TO THE CITY'S CITATION PROCESSING CENTER IN NEWPORT BEACH SPECIFIED ABOVE. THE APPEAL FEE AND REQUEST FOR APPEAL FORM MUST BE SENT TO THE PALM SPRINGS OFFICE OF THE CITY CLERK. For queatlons, pl ....... the City w.bsltie llstlld aboVe 01 contact the City of Palm Sprlnga Vacation Rental Compliance Department. FAILURE IQ ANSWER QR PAY PENALTY FOR YJQLATION(Sl Failure to pay the penalty or conlnt the citation within fifteen (115) calendar day• may mull In additional admlnl•tratlve fin• and the recordatlon of a •peclal llen against your property. In addition, notification may be made to the State of C.llfomla FranchlM Tu Board. Palm Springs Municipal Code provldN for the IUuance ot admlnl9tratlve citations for Munlclpal Code Vlolatlons. FIIIN ffl cumulative and cltatlol'l9 may be lnuad each day the violation exl91s. Each and ttWry day a violation I• unaddl'NMd constlbdN a Mparn and dlatinct otfeRM and shall be •ubject to citation. Additional Enforcement Officer Notn: Item 3 - 19ADMINISTRATIVE CITATION-$5,000.00 City of Palm Springs Department of Special Program Compliance 425 N Civic Drive, PO BOX 27 43, Palm Springs, CA 92263 Facsimile: 760-322-8317 Website: www .psvacationrentalcompliance.com Date of Issuance: April 20, 2022 Property Address: 1380 N Indian Canyon Amir Sohell Sedaghatl 1351 E Gem Cir Palm Springs, CA 92262-2308 Subject: Violation of the Palm Springs Municipal Code 5.25.040(a), 5.25.090( c) Operating a Vacation Rental without a Vacation Rental Registration Certificate You are hereby notified that a violation of Palm Springs Municipal Code Section 5.25.040(a) has been detennined to exist with respect to your ownership and use of the property referenced above. Accordingly, you are receiving this Administrative Citation # AB-0379. Pursuant to Section 5.25.090(c), you are ordered to pay an administrative fine in the amount of five thousand dollars fSS,000.00). Further, you must cease operating and advertising as a Vacation Rental Immediately. and you are permanently Ineligible to operate a Vacation Rental In the City. Also, pursuant to Section 5.25.090(c), each future violation arising from your continued operation as an unpennitted Vacation Rental will result in an administrative fine in the amount of not less than ten thousand dollars ($10,000.00), and may result in the City of Palm Springs' pursuit of civil and/or criminal remedies against you. Additional infonnation concerning this violation is reflected below. As the owner of the property at Issue or as the Individual or entity responsible for the violation, you are Individually responsible for correcting the violation. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal, the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2.50 will apply. If you choose to appeal this citation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board. However, you must pay the current non-refundable appeal fee of $802.00 and submit the request for appeal fonn no later than fifteen (15) days from the mailing date of this letter. Please see the City website at www.psvacationrentalcompliance.com for the appeal form and further instructions. Note: Your administrative fine must be paid to the City's Citation Processing Center in Newport Beach; and your appeal form and appeal fee must be sent to the Palm Springs, Attention: Office of the City Clerk. Item 3 - 20Administrative Citation -Page two (2) Since you were operating a Vacation Rental without a Registration Certificate, please be advised that you are responsible for payment of back registration certificate fees and penalties (Resolution No. 23517) and back Transient Occupancy Tax (TOT), penalties and interest (PSMC 3.24). Should you have any questions regarding this letter, please contact Patrick Clifford in the Office of Special Program Compliance; at (760) 322-8372, Monday through Thursday 8am-6pm. Thank you for your prompt attention to this matter. · rely, ~---: Ptrick Clifford Executive Program Administrator, Department of Special Program Compliance Description of the violations in this matter: Palm Springs Municipal Code Section 5.25.040(a) prohibits the operation of a Vacation Rental or a Homeshare in the City of Palm Springs without a Vacation Rental Registration Certificate. Section 5.25.090 (c) provides the fines and penalties for operation of a Vacation Rental in the City of Palm Springs without a Vacation Rental Registration Certificate. We are aware that the address above was advertised on airbnb.com/597363452718802586 on the date of April 6, 2022. We have a copy of the advertisement(s) for our records. The City of Palm THIS PORTION OF PAGE BLANK Item 3 - 21ATTACHMENT 5 Item 3 - 22David Williams From: Sent: To: dispatcher@centralcomm1.com Friday, April 15, 2022 8:10 AM psoffice@centralcomm.com Subject: 25) Ticket #: 220415080650 Non-Active Nuisance Caller: Declined Pho+ NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. 25) Ticket#: 220415080650 Non-Active Nuisance Caller: Declined Phone: DECLINED Caller's Address: Declined Address NOT Listed Complaint Street Number: 1351 Complaint Street Name: E Adobe Way Unlisted Address: 1351 East Gem Circle Complaint: I Want To Report A Violation. There Is Someone Here Who Does Not Have A Short Term Vacation Operation License. Property Access NOT Permitted Callback NOT Needed ************************************************ Contact Name: 365 Vacation Rentals Telephone: (310) 663-6779 Alternate Telephone: (760) 898-8847 Overnight Days: 6 Suspended Account: No Caller ID: 1 Item 3 - 23David Williams From: Sent: To: dispatcher@centralcomm1.com Saturday, April 16, 2022 3:48 PM psoffice@centralcomm.com Subject: 45) Call Type: Active Nuisance: Other Ticket#: 220416152437 Caller+ NOTICE: This message originated outside of The City of Palm Springs--DO NOT CLICK on links or open attachments unless you are sure the content is safe. 45) Call Type: Active Nuisance: Other Ticket#: 220416152437 Caller Name: DECLINED Phone Number: DECLINED Callback NOT Needed ********************************** Complaint Street Number: Unlisted Complaint Street Name: Unlisted Unlisted Address: 1351 East Gem Circle Complaint: They Were Trespassing Doing A Photo Shoot, On The Driveway, The Front Porch & All Through The Garden. I Have lt All On My Security Camera. Property Access NOT Permitted ********************************** Contact Name: N/ A Telephone: N/A Alternate Telephone: N/A Overnight Days: N/ A Suspended Account: N/ A 1 Item 3 - 24David Williams From: Sent: To: dispatcher@centralcomm1.com Sunday, April 17, 2022 6:59 PM psoffice@centralcomm.com Subject: 54) Call Type: Active Nuisance: Other Ticket#: 220417184945 Caller+ NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. 54) Call Type: Active Nuisance: Other Ticket#: 220417184945 Caller Name: DECLINED Phone Number: Callback Needed ********************************** Complaint Street Number: Unlisted Complaint Street Name: Unlisted Unlisted Address: 1351 East Gem Cirlce Complaint: I Called About The Same Property Yesterday. The Renters Are Trespassing On My Property To Take Pictures. They Have Left. I Have Security Footage. I Am Not Here. I'm Witnessing Through Security Footage Property Access NOT Permitted ********************************** Contact Name: N/A Telephone: N/A Alternate Telephone: N/A Overnight Days: N/A Suspended Account: N/A 1 Item 3 - 25ATTACHMENT 6 Item 3 - 26David Williams From: Sent: To: Kristi Smith Monday, April 18, 2022 6:36 AM David Williams Subject: Fwd: Unpermitted vacation rental at 1351 E Gem Circle Sent from my iPhone Begin forwarded message: From: Kristi Smith <Kristi.Smith@palmspringsca.gov> Date: April 17, 2022 at 7:16:04 PM PDT To: palm springs resident <palmspringsresident99@gmail.com> Subject: Re: Unpermitted vacation rental at 1351 E Gem Circle Thank you! Kristi Smith Palm Springs Code Enforcement On Apr 17, 2022, at 7:15 PM, palm springs resident <palmspringsresident99@gmail.com> wrote: NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. https://www.airbnb.com/rooms/597363452718802586 Item 3 - 27ATTACHMENT 7 Item 3 - 28Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https:l/www.airbnb.com/rooms/5973634527 I 8802586?check_in=202 ... Sweet 3-bedroom desert home Palm Spring~, California. United States ,~~\ ~ G~ 'bQo~~~°\ ~~_,,Q..-,"\ ~~ o'-\ \ ,~ \ 1.,1..- Item 3 - 29Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/597363452718802586?check_in=202 ... Entire home hosted by Alex 6 guests• 3 bedrooms• 3 beds • 2 baths Il Self check-in Check yourself in with the keypad. ~ Free cancellation before May 18. Welcome to your own private Tiki retreat in the Palm Springs. Relax with the whole family at this peaceful place to stay. Featuring 3 bedrooms, 2 baths, this cute home will give you all the Palm Springs vibe you need.Enjoy beautiful mountain views from the pool area. Located conveniently near parks, many of the best restaurants and shops in ... Show more> What this place offers $507 $406 night CHECK-IN 5/19/2022 GUESTS 4 guests CHECKOUT 5/29/2022 V You won't be charged yet j $.507 x 10 nights $5,074 ~12ecial offer -$1,015 Cleaning fee $200 Service fee $0 Total before taxes $4,259 Special offer: $1,015 off this home. This host is offering a one-time deal to the first 3 guests who book a trip between now and Jul 2. Item 3 - 30Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/597363452718802586?check_in-202 ... ~ M, -8' 'o' ~ ~ 030 Q Mountain view Kitchen Wifi Free parking on premises Private pool Pets allowed TV with Netflix, HBO Max, Roku, Apple TV, Amazon Prime Video, Disney+, Hulu Free washer -In unit Central air conditioning Security cameras on property Show all 28 amenities 10 nights in Palm Springs May 19, 2022 -May 29, 2022 Item 3 - 31Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/5973634527 l 8802586?check _in•202 ... < May2022 Su Mo Tu We Th Fr Sa Su Mo Tu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 5 6 7 15 16 17 18 0 20 21 12 13 14 22 23 24 25 26 27 28 19 20 0 30 31 Q] -' ,. . Item 3 - 32Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/5973634527 l 8802586?source _impres ... Photos Amenities Reviews Location l of6 Entire home hosted by Alex 6 guests • 3 bedrooms • 3 beds • 2 baths [II. Self check-in Check yourself in with the keypad. $827night 1 review $827 night CHECK-IN Add date I GUE~TS 1 guest 1 review CHECKOUT Add date V 1111 ReP-ort this listing 4/18/2022, 5:27 PM Item 3 - 33Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com1'rooms/597363452718802586?source_impres ... 2 of6 Photos Amenities Reviews Location to stay. Featuring 3 bedrooms, 2 baths, this cute home will give you all the Palm Springs vibe you need.Enjoy beautiful mountain views from the pool area. Located conveniently near parks, many of the best restaurants and shops in ... Show more> What this place offers ~ P6T ,e 'o' ~ ~ o~o Mountain view Kitchen Wifi Free parking on premises Private pool Pets allowed TV with Netflix, HBO Max, Roku, Apple TV, Amazon Prime Video, Disney+, Hulu Free washer -In unit Central air conditioning Security cameras on property Show all 28 amenities Select check-in date $827night 1 review 4/1812022, 5:27 PM Item 3 - 34Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https:/lwww.airbnb.com/rooms/5973634527l 8802586?source_impres ... 3of6 Photos Amenities Reviews Location $827night 1review ......... ----SU Mo Tu We Th Fr Sa Su Mo Tu 1 2 3 4 9 8 9 10 ~ ~ :i.4 -le le 15 16 17 +7 18 19 20 21 22 23 22 23 24 Marvin 2~pril~e22 27 28 29 30 29 30 31 le=¢jhad a great stay in Alex's home in North Palm Springs. The property is very cozy and well appointed. We enjoyed the back yard and the pool very much during our stay. The beds were comfortable and unit was very clean .... Showmore > Where you'll be Palm Springs, California, United States ~.......____ ESTATES 7 ~ ~ ':>-'r I a! el Dr · ~ RACQUET Exact location provided after booking. '\ CLUB WEST I . \ \ tHINO CANYON ~ I ~ I \ ~~I~. DESERT PARK o ESTATES Cl er "' ~ z g tRacQ~C'uo Rd f Public Transit + 0 Map data ©2022 Googte 4/18/2022, 5:27 PM Item 3 - 35Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/597363452718802586?source_impres ... Photos Amenities Reviews Location $827night 1 review • Joined in September 2021 * 1 Review 9 Identity verified Response rate: 93% Response time: within an hour [ Contact Host ] To protect your payment, never transfer money or communicate outside of the Airbnb website or app. lof6 4118/2022, 5:27 PM Item 3 - 36Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/59736345271 8802586?source_impres ... l of6 Photos Amenities Reviews Location support Help Center Safety information Cancellation options Our COVID-19 Response Supporting people with disabilities Report a neighborhood concern Community Airbnb.org: disaster relief housing Support Afghan refugees Combating discrimination Hosting Try hosting AirCover: protection for Hosts Explore hosting resources Visit our community forum How to host responsibly About Newsroom Learn about new features Letter from our founders Careers Investors Airbnb Luxe $827night 1 review 4/18/2022, 5:27 PM Item 3 - 37Sweet 3-bedroom desert home -Houses for Rent in Palm Springs, Cal... https://www.airbnb.com/rooms/59736345271 8802586?source_impres ... Photos Amenities Reviews Location $827night 1 review Privacy · Terms · Sitemap i of6 4/18/2022, 5:27 PM Item 3 - 38\ ATTACHMENT 8 Item 3 - 39l I J Messages• Alfbnb hups://www.airbnb.com/guest/inbox/ I I 662068 l 8?nype~home _booking of5 4/19/2022, 4:30 PM Item 3 - 40[I] Messages• Airbnb https://www.airbnb.comtguest/inbox/1166206818?ttype=home _ booking :ofS Alex Response time: 2 hrs a C Hide details ) Apr18,2022 0:, Your inquiry for 4 guests on May 19-29 has been sent. Show listing • Dave 7:40AM Good morning, l wanted to see if your home is available May 19th-29th. My husband and I will be heading to Palm Springs with my parents. Please let me know and I'll book it. Thank you, Dave Alex 9:31 AM Good morning Dave, Yes the house is available for the dates you've chosen. You can go ahead and make your reservation &, Alex invited you to book for 4 guests on May 19 -29. ComP-lete booking • Dave4:32PM PERFECT!! I wifl book it as soon as I get home from work at 7:00. Is there an additional pool heat charge? Thanks, Dave Alex s:s6PM Yes there is, it's mentioned in the description other rules. Heated pool requires an additional fee seasonally. Generally includes Dec through March. lf heat is not required, pool heating fees will not be charged or will be refunded. $50 per day $300 per 7 day (Website hidden by Airbnb) 4/19/2022, 4:30 PM Item 3 - 41[I] Messages • Airbnb https://www.airbnb.com/guest/inbox/ 1166206 8 l 8?ttype=home _ booking $1100 per 24-30 days There is also a pet fee if you have your pet traveling with you,which is $50 per trip that is also on the listing Apr19,2022 ~-' Invitation to book expired Alex's invitation to book their home has expired Jf their home is your first choice, you can still request to book it. Or, you can browse other homes available nearby. Request to Book ( _____________ F_in_d_M_o_r_e_L_is_t_in_g_s __________ ~J I Type a message Details X 3of5 4/19/2022, 4:30 PM Item 3 - 42l I] Messages • Airbnb https://www.airbnb.com/guest/inbox/l I 662068 l 8?ttype-=home _ booking l of5 Alex's invitation to book their home has expired If their home is your first choice, you can still request to book it. Or, you can browse other homes available nearby. [ ( Trip Details Sweet 3-bedroom desert home Entire home• Palm Springs, CA, US Hosted by Alex 2 reviews Check-in Checkout Guests Payment Details $405.90 x 10 nights Request to Book ] Find More Listings l May 19, 2022 May29,2022 4 adults $4,059.00 4/19/2022, 4:30 PM Item 3 - 43[ I J Messages • Airbnb https://www.airbnb.com/guest/inbox/l I 662068 ! 8?ttype-=home_booking S of5 Cleaning fee Service fee Total Always communicate through Airbnb $200.00 $0.00 $4,259.00 To protect your payment, never transfer money or communicate outside of the Airbnb website or app. Learn more ReP-ort Host 4/19/2022, 4:30 PM Item 3 - 44ATTACHMENT 9 Item 3 - 45Site Address: 1351 E GEM CIR PALM SPRINGS, CA 92262-2308 Mail Address: 1351 EGEIIM,;IR----p PRINGS, CA 92262-230 "\ rimary Owner (s): , HARRINGTON JOHN MATTHEW/ DESERT DORADO INC Bedrooms: 3 Baths (F/H): 2 / 0 Total Rooms: 5 Zoning: Number of Stories: 1.0 Transfer Date: 1 1/2/2018 Transfer Value: $350,000.00 First Loan Amt: $245,000.00 Assessed Value: $378,217.00 Land Value: $108,209.00 Improvement Value: $270,008.00 Property Profile Property Data APN: 009-608-131 Census Tract: 941300 Housing Tract Number: 16581-1 Legal Block/Lot: LOT:54 BLOCK: Legal Description: .15 ACRES NET IN LOT 54 MB 121 /005 TR 16581-1 Subdivision: Property County RIVERSIDE COUNTY Vesting: Property Characteristics Vear Built: 1982 Use Code: SFR Number of Units: 1 Building Style: Sale & Loan Information Seller: LUND JUDITH A Cost/Sq Feet: $278.22 Lender: ELAINE BOWMAI IRA Assessed & Tax Information Percent Improvement: 71.39% Tax Amount: $0.00 Delinquent Vear: SQFT: 1258 Lot Size: 6534 Garage: ATTACHED (1) Coords: 33.853428, -116.533657 Document: 2018.483148 Title Company: NONE AVAILABLE Homeowner Exemption: HOMESTEAD Tax Rate Area: 11-005 Tax Year: Item 3 - 46·-_..a.ab~ ~~,l>~Ul!.tll:,J: »~-~ February 14, 2022 ...t.. ~ ..... .-r-~ UU(; #'20:l.2-U1U~11::14 1-'age 2 Of / (_) ,t • • '• t: . _, _-ct n i-:· .'ri..._ --