HomeMy WebLinkAboutItem 5 - TianItem 5 - 1ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: June 22, 2022 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT SU LING TIAN 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 2600 E. VINCENTIA RD., PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Su Ling Tian 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 2600 E. Vincentia 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 SU LING TIAN FOR THE PROPERTY LOCATED AT 2600 E. VINCENTIA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0380 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 5 - 2Administrative Appeals Board Staff Report June 22, 2022 Vacation Rental Appeal -2600 E. Vincentia Rd., Palm Springs BACKGROUND On April 19, 2022, the Department of Special Program Compliance mailed a rejection letter to Xi Chen, owner and applicant for the property located at 2600 E. Vincentia Rd., Palm Springs regarding a Vacation Rental application received on or around the same date. The application was rejected because the application was incomplete. On April 21, 2022, A Code Compliance Officer for the City of Palm Springs issued administrative citation AB0380 for a violation on April 19, 2022 for operating a Vacation Rental without a Vacation Rental Registration Certificate. On May 10, 2022, the Department of Special Program Compliance mailed a second rejection letter regarding the Vacation Rental application for 2600 E. Vincentia Rd. to owner Su Ling Tian, the owner listed on title and person cited referencing administrative citation AB0380. ATTACHMENT 5 STAFF ANALYSIS: The owner for the property located at 2600 E. Vincentia Rd., 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 21, 2022. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 2600 E. Vincentia Rd., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/584329732436313238 listed as "''The Gorilla Villa" Most Luxury 6 bed 5 bath with pool designer Villa in central Palm Spring!" ATTACHMENT 6 2. Advertisement Airbnb.com/rooms/584329732436313238 shows 5 reviews between between April 2022 and May 2022 ATTACHMENT 7 3. Advertisement Airbnb.com/rooms/584329732436313238 shows a review in April 2022 stating "he checked in on us daily during our 2 day stay" A ATTACHMENT 7 4. Advertisement Airbnb.com/rooms/584329732436313238 shows a review in May 2022 stating "was a perfect weekend getaway" stay ATTACHMENT 7 5. A Code Compliance Officer submitted an online booking inquiry to stay during the dates August 11, 2022 to August 16, 2022 (5 nights); ATTACHMENT 8 6. A response was received by the Code Compliance Officer confirming availability for the dates August 11, 2022 to August 16, 2022 (5 nights); ATTACHMENT 8 7. Staff finds that the advertisement found on Airbnb.com/rooms/584329732436313238 and inquiry affirmation for the dates August 11, 2022 to August 16, 2022 (5 nights) for stay at property 2600 E. Vincentia Rd., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0380, in the amount of $5,000, to Su Ling Tian, the owner on
Item 5 - 3Administrative Appeals Board Staff Report June 22, 2022 Vacation Rental Appeal -2600 E. Vincentia Rd., Palm Springs 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 11 ,y ... 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
Item 5 - 4Administrative Appeals Board Staff Report June 22, 2022 Vacation Rental Appeal-2600 E. Vincentia Rd., Palm Springs 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." ~i --tricktlifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0380 Resolution no. __ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0380 & citation letter 4 Application rejection letter dated May 10,2022 5 Copy of the Airbnb.com/rooms/584329732436313238 advertisement 6 Copy of the Airbnb.com/rooms/584329732436313238 reviews 7 Copy of Code Compliance Inquiry 8 Copy of the title report 9 THIS PORTION OF PAGE BLANK
Item 5 - 5ATTACHMENT 1
Item 5 - 6RESOLUTION NO. Adopt Resolution No. __ _, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SU LING TIAN FOR THE PROPERTY LOCATED AT 2600 E. VINCENTIA RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0380 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 Su Ling Tian did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 2600 E. Vincentia Rd., 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. AB0380 operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on April 21, 2022 to Su Ling Tian for the property located at 2600 E. Vincentia Rd., Palm Springs; and WHEREAS, Su Ling Tian, filed an administrative appeal of the Administrative Citation No. AB0380 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 2600 E. Vincentia Rd., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on June 22, 2022; and WHEREAS, the Administrative Appeals Board was presented evidence that Su Ling Tian violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
Item 5 - 7Resolution No. Page2 advertisement on airbnb.com/rooms/584329732436313238 for the property located at 2600 E. Vincentia Rd., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Su Ling Tian violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 2600 E. Vincentia Rd., Palm Springs and confirmed a period less than twenty-eight (28) days; August 11, 2022 to August 16, 2022 (5 nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on June 22, 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. D The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Su Ling Tian is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2600 E. Vincentia Rd., 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 Su Ling Tian is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2600 E. Vincentia Rd., Palm Springs and the fine of $5,000
Item 5 - 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: ANTHONY J. MEJIA, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) Michael Paonessa Chair I, ANTHONY J. MEJIA, 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 5 - 9ATTACHMENT 2
Item 5 - 10NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA TO: Su Ling Tian BEFORE THE ADMINISTRATIVE APPEALS BOARD 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 2600 E. Vincentia Road, Palm Springs, CA. Hearing Date: Wednesday, June 22, 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@palmspringsca.gov. 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 CityClerk@palmspringsca.gov. AFFIDAVIT OF MAILING State of California ) County of Riverside ) ss. City of Palm Springs ) 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 June 13, 2022. I declare under penalty of perjury that the foregoing is true and correct. /s/ Monique M. Lomeli, CMC Interim City Clerk
Item 5 - 11ATTACHMENT 3
Item 5 - 12• . -City of Palm Sprfnp Office of the City aerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 TEL: (760) 323-8204 ( FAX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL ' CERTIFICATE SUSPENSION, REVOCATION OR DENIAL 0 -n ~ n l'Tl 0 _,., -t ::r: rn ( . .., =~ -< c-, r-;7\ AVISO ESCRITO DE FORMULARIO DE APELACION PARA SUSPENSION REVOCACION O NEGACl6N DEL CERTIFICADO DE ALQUILER DE VACACIONES ' 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 suspensi6n 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 lncluir el pogo de la tarlfa de opelacion con este /ormularlo. ,, .BE PR_q.,EDAP~V~CIONAL, SI ES A,PUCABLE 2600 E Vincentia Rd, Palm Springs, CA 92262 l, 31Page ..
Item 5 - 13•~~-;~~~ :i<-11 :: ! . • -City of Palm Springs .. t ~-., Office °' ~~e l;lty Clerk 3200 E. Tahqultz canyon Way, Palm Springs, CA 92263 . :t:!TEL: (760) 323-8204 I ~AX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVO~TION OR DENIAL ,·, PLEASE COMPLETE THE FOLLOWING QUESTIONS/ POR FAVOf~ COMPLETE LAS SIGUIENTES PREGUNTAS: Administrative Citation# AB-038O Municipal Code Section 5.2S.090 ~ .. )_ I \ I ~ . . ' 2. Specify the grounds of the appeal / Especifique los mqJ~~s ~tJ~ ap!!aci6n. I 1. We listed the property while completing the Short Tenn Rental Application. '1 '-1! •.J ~•., 'if' I 2. We got ahead of oursleves and as soon as we recieved:the"'cita~on, w~ imm~~liately unlisted the property and ceased all operations out of respect for the rules and regul}ltions~of the City of,Palm Springs. 3. We are more than willing to pay the pentaly of$5,000 to the city of Palm Springs and reapply all necessary documents. 1 1. ·" t 3. Specify the relief you are seeking/ Especifique el alivio que busca. 1. We wish for the Office of Special Programs to allow us to resubmit vacation rental pennit. 2. Allow for the owner and property to become eligible to operate a VacationaJ Rental in the city of Palm Springs. . . . I I ; ... ,.. •..,~ \~'.: I • ~ • 41Page ) I
Item 5 - 14City of Palm Springs Office of Special Programs 42S North Clvic Drive • Pahn Sprlnaa, California 92262 TeL 760.322-8.382 • Fax: 760.322.8317 • TDD 760.864.9527 • WW\\·.palmsprlnp:1.gov 5/10/22 RE: Vacation Rental Application -2600 E Vincentia Rd. Thank you for providing the previously requested documents. Unfortunately, upon further review of the application for a Vacation Rental Registration Certificate for the property located at 2600 E Vincentia Road, it was brought to our attention that you recently received a citation (AB0380), from our Code Compliance Department, for operating this property as a short-term rental without a valid Vacation Rental Certificate. As a result, we are unable to process the application and are returning the submitted documents and payment. Pursuant to Municipal Code 5.25.090 (c); any person who operates a Vacation Rental without a Vacation Registration Certificate, will result in permanent ineligibility to operate a Vacation Rental in the City Should you wish to appeal the citation and the Administrative Appeals Board overturns the citation you may resubmit the application. If you have any questions. please feel free to contact Patrick Clifford. our Executive Administrator, at (760) 322-8372. I I Thank you, The Department of Special Program Compliance Posr Office Box 2743 • Palm Springs, California 92263 .. 2743
Item 5 - 15AB0380 CITY OF PALM SPRINGS Veca11o1, Rental Enforcement Admlnlllnllive Cllallon DLorlD ~ '-n M1lllr ONJtflCI 10 Plf 1ft MffllnlllrlM FIM • PfllClllld In 1119 ,. ---bllow lbr ·-count ..... aDQIIM. ,_.. fflUlt --in full bf 1ha complano. dall ID avoid eddllfanal Pllllltill, 11w 111111 CITATION A0MlNl81RATNE FINE SCHEDULE ~ Pntvlolltion-OpnllngwllllOl41v..tlorlReglllrdOnedlcall MOQ0.00 and permanent lnellglbillty to ..... 0 8econd vlOIIUon -Operating without 8 vacation ReglMr8tiol Celllllclll: $10,000.00 c Fnt vlallllon -~ without polllne 10TICly ID number; -rating wlhout • CXHltrad: ...... to pNMde conlraCt IUfflfflatY; fatlura to pay TOT91111y: $2800.00 and 8 month auepenelon c Second violaUon -Mvefllllng wllhaul po1ting TOT/Cly number. operating Wll'lout • contract flan to prOWlt oontrlCt 8'IMll,y: faluretopayTOTllmlly: '5,000.00 and NVOCltlon t . ! I r . ,( 04J2fo22 Oaltd...,.,_ TVPIIOll8lvlce • I Q ,..._ i(MII
Item 5 - 16City of Palm Sprlnp Office of the Cty aerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 TEL: (760) 323-8204 I FAX: (760) 323~8332 Administrative Appeals Board Flllin1 Process -Vacation Rentals When to file your Appeal 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 (15) calendar days from the date of the citation to submit your Appeals Form and pay the appeal fee . ... Where to file your Appeal ~ t-_. Mail your completed Written Notice of Appeal Form and yo~r appeal fee to: } Scheduling the Appeal Hearing City of Palm Sprin1s Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 j i "·· The Office of the City Clerk will ~b.edule your Appeah~lt~in 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. • 1'· · "{, Appearlna at the Appeal Hearlna . ·· , , 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 vert>al) 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 (5) 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 tn_e matter. I ' 11:l --r f1•·· p{1 If the Hearing Officer dismisses the Administrative Citation, the penalty and the appeal ~ee 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. · ~ ... ; . ~• '-f. j I.. • I llPage
Item 5 - 17Cludad de Palm Sprlnp Ofldna del Secretario Munlclpal 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 TEL: (760) 323-8204 I FAX: (760) 323-8332 .;..( Proceso de Presentad6n de la Junta de Apeladones ~dminlstrativas -Alqulleres Vacacionales ., ·r Cuando debe presentar su apelacl6n , ,,.. SI recibi6 un Avlso de Suspensi6n del Certlflcado de Alquiler Vacaclonal o un Aviso de Revocaci6n del Certiflcado de Alquller Vacacional o una Denegaci6n de un Certificado de Registro de Alquller Vacacional y desea apelar, tiene QUINCE (15} dlas calendorlo a partir de la fecha de la citaci6n para presentar su Formularlo de Apelaciones y pagar la tarlfa de apelaci6n. D6nde debe presentar su apelacl6n Envie su Formulario de Notlficaci6n de Apelacl6n por escrito completo y su tarifa de apelaci6n a: \ City of Palm Springs Office of the Cty Clerk 3200 E. Tahquitz Canyon Way ., Palm Springs~i,CA 92263 Proaramacl6n de la audlencia ·C,e apelacl6n , 1 ." ·, .. J·,. . La Oficina del Secretario Municipal pi'ogramara su Apelac16rlrdentro de los cuarenta y cinco (45) d(as posterlores a la recepci6n del Formulario de Notificaci6n de Apelaci6n por es~~to y la tarifa de apelaci6n. Se I~ eh~iari un aviso por escrito a la direccl6n especfficada en su formulario; este indlcara~ancira y el luiar de su·audiencia deapelaci6n ante la Junta de Apelaciones Administratlvas. Este aviso se le enviar~ por correo al menos aiez (10) dfas calendario antes de la fecha de su audiencia. p I Comparecencla en la audiencla de apelacl6n , El hecho de no comparecer en su audiencia constituira la perdida de la multa y I~ renuncia a utilizar completamente los recursos administrativos del apelante. En la audiencia de apelaci6n, se le pedira que haga un juramento y podra presentar su testimonio o evidencia (escrita o verbal) sobre la infracci6n. Todas las audienclas esdn abiertas al publico. I:' Despum de la audlenda de apelaci6n La Junta de Apelaciones Administrativas emitira su decisi6n dentro de los quince (15) dfas posteriores a la conclusi6n de la audiencia de la apelaci6n, a menos que se extienda por una buena causa. A mas tardar cinco (5) dias despues de la declsi6n de la Junta de Apelaciones, el Secretario Municipal envfar~ por correo una copla de la decisi6n al Apelante. La decisi6n de la Junta de Apelaciones constituve, una acci6n admlnistratlva final sobre el asunto. ~·..1~ .. ~ Si el funcionario de audtencias desestima la Citaci6n Adminlstrativa, la multa y la tarifa de apelacion serc\n devueltas al apelante. Si el funclonarlo de audienclas mantlene la citaci6n admlnistrativa, la multa y la tarifa de apelad6n serjn retenidas por la Ciudad y el duefto de la propiedad o la peaisona que reclbe la dtaci6n de6era correglr la infracci6n o enfrentar un proceso penal y/o la imposici6n de multas admlnlstratlvas adicionales. ·• • 21Page
Item 5 - 18ATTACHMENT 4
Item 5 - 19CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation DAYOFV\EEK T 1•Agn )C PropertyOwner • Other I NAME (First, Middle, Last): Su Un1Tlan AB0380 TIME 4:28PM DLorlD 2600 E Vincentia Rd, Palm Springs, CA 92262-3807 You are being issued an Administrative Citation for the following Code provlsion{s). Count PSMC Description 1. 5.25.040 (a) OPERATING A VACATION RENTAL W/OUT A VACATION RENTAL REGISTRATION CERTIFICATE 2. 5.25.090 (c) VIOLATIONS COMPLIANCE ORDER ,X You are ordered to correct or otherwise remedy this/these violations by: 11 CAL,l!NQAR QAXS fRON MAILING QAJE Pf CJTAJIPN-lii:I You are further ordered to pay an Administrative Fine as prescribed in the ,.,. schedule below for each count listed above. Payment must be paid in full by the compliance date to avoid additional penalties. The total CITATION PENALTY due is $i.lH.lll. ADMINISTRATIVE FINE SCHEDULE ~ First violation -Operating without a vacation Registration Certificate $5000.00 and permanent ineligibility to operate • Second violation -Operating without a Vacation Registratior Certificate: $10,000.00 • 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 • 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/Description: David Williams-DSPC 04/231:022 Date of Issuance lype of Service • Personal .,(Mall COPY TO PROPERTY 0\/VNER/AGENT; PROCESSING; FILE
Item 5 - 20CITY OF PALM SPRINGS DEPARTMENT OF SPECIAi.PROGRAM COMPLIANCE ADMINISTRATIVE CITATION IIPQRJANT INFORMATION • PLEASE READ COMPLETELY AND CAREFULLY You have been issued an Administrative Citation for violation(s) as indicatec on the reverse. ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTIONAND/ORADDITIONALADMINISTRATIVE FINES. HQWTO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen '15) calendar days from the date the citation is mailed. Payment can be made by credit/debit card on-line a1 www.CitationProcessingCenter.com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, persona1 check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order, and mail it to the address below. mg NOT und your payment to thf c11y ot pa1m Springs Offices,> City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO APPEAL THIS CITATION A responsible party receiving an administrative citation may appeal such citation within fifteen '15) caiendar days from the date the citation is mailed. The provisions of Pabn Springs Municipal Code Chapter 2.50 wil apply to appeals. An appeal must be filed in writing by using the applicable request for appeal form available from the City's website a1 www.palmsprinqsca.gov OR www psyacationrentaicompliance com It 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 appeal fee and submit the request fo1 appeal form to the Palm Springs Office of the City Clerk no later than fifteen (15) calendar days from the date the citation 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 CIT\' CLERK. For quHtions, please see the City website listed above 01 contact the City of Palm Springs Vacation Rental Compliance Department. FAILURE IQ ANSWER QB PAY PENALJY FOR VIOLATION(§) Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result In additional administrative fines and the recordation of a special Hen against your property. In addition, notification may be made to the State of Callfomla Franchise Tax Board. Palm Springs Municipal Code provides for the Issuance ot administrative citations for Municipal Code Vlolatlons. Fines are cumulative and citations may be Issued each day the vlolatton exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. Additional Enforcement Officer Notes:
Item 5 - 21ADMINISTRATIVE CITATION-$5,000.00 City of Palm Springs Department of Special Program Compliance 425 N Civic Drive, PO BOX 2743, Palm Springs, CA 92263 Facsimile: 760-322-8317 Website: www.psvacationrentalcompliance.com Date of Issuance: April 21, 2022 Property Address: 2600 E Vincentia Rd Su Ling Tian Su Ling Tian 2600 E Vincentia Rd Palm Springs, CA 92262-3807 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 determined to exist with respect to your ownership and use of the property referenced above. Accordingly, you are receiving this Administrative Citation # AB-0380. Pursuant to Section 5.25.090(c), you are ordered to pay an administrative fine in the amount of five thousand dollars ($5,000.00). 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 unpermitted 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 information 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 form 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 5 - 22Administrative 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. ~-ckClifford 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/584329732436313238 on the date of April 19, 2022. We have a copy of the advertisement(s) for our records. The City of Palm THIS PORTION OF PAGE BLANK
Item 5 - 23ATTACHMENT 5
Item 5 - 24City o·f Palni Springs Office of Special Programs 42~ North Civic Drive • ·Palm Springs, California 92262 Tel: 760.32U3382 ·• Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov 5/10/22 Su Ling Tian RE: Vacation Rental Application -2600 E Vincentia Rd. Thank you for providing the previously requested documents. Unfortunately, upon further review of the application for a Vacati_on Rental Registration Certificate for the property-located at 2600 E Vincentia Road, it was brought to our attention that you recently received a citation (AB0380), from our Code Compliance Department, for operating this property as a short-term rental without a valid Vacation Rental Certificate. As a result, we are unable to process the application and are returning the submitted documents and payment. Pursuant to Municipal Code 5.25.090 (c); any person who operates a Vacaition Rental without a Vacation Registration Certificate, will result in permanent ineligibility to operate a Vacation Rental in the City Should you wish to appeal the citation and the Administrative Appeals Board overturns the citation you may resubmit the application. If you have any questions, please feel free to contact Patrick Clifford, our Executive Administrator, at (760} 322-8372. · Thank you, The Oepartmentof Speci~I Program Compliance Post Office Box 2743 • Palm Springs, California 92263-2743
Item 5 - 25ATTACHMENT 6
Item 5 - 26la "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?source_impres ... 11The Gorilla Villa11 0 Most Luxury 6bed 5 bath with pool designer Villa in central Palm Spring! * 5.0 • 5 reviews . : Superhost . Palm Springs, California, United States I of8 5/10/2022, 2:22 p~
Item 5 - 27la "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?source_impres ... Entire home hosted by Michael 16 guests• 6 bedrooms• 8 beds• 4.5 baths 0 cl Dedicated workspace 2 of8 A private room with wifi that's well-suited for working. OJ. Self check-in Check yourself in with the smartlock. ~ Michael is a Superhost Superhosts are experienced, highly rated hosts who are committed to providing great stays for guests. The Gorilla Villa is a rear 6bedrooms 4.5baths, 8beds (King, queen, double) 1 sleeping sofa (double) 2 air mattress designer villa that sleeps 16-22 in central Palm Spring! (additional guest fee after 16) High Ceiling ... Showmore > Where you'll sleep Bedroom1 1 king bed Bedroom2 1 queen bed > $1,240 night * 5.0 • 5 reviews ,,-----CHECK-IN CHECKOUT 5/15/2022 5/18/2022 GUESTS 1 guest V Reserve You won't be charged yet .$1,240 x 3 nights $3,721 Cleaning fee $500 Service fee $596 Total before taxes $4,817 ,-. Report this listing 5/10/2022. 2:22 PM
Item 5 - 28la "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/5843297324363 l3238?source_impres ... What this place offers 3 of8 Mountain view Resort view Kitchen Wifi Dedicated workspace Free parking on premises ~ Private pool 7511 HDTV with Amazon Prime Video, Disney+, Hulu, Netflix, Roku Free washer -In unit Security cameras on property Show all 56 amenities 3 nights in Palm Springs May 15, 2022 -May 18, 2022 5/10/2022, 2:22 PM
Item 5 - 29Ga "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?source _impres ... May2022 Su Mo Tu -1 g -9 10 • 16 17 22 23 24 Cleanliness 2-9 30 31 Accuracy @nmunication Location Check-in Value Hirsh May 2022 We 4 11 • 25 Th Fr Sa Su Mo Tu 7-12 13 +4 19 20 ~1 12 13 14 26 27 28 19 20 21 26 27 28 Probably the best Airbnb stay I've ever had. Incredible property and incredible hosts! Myris May 2022 The place is so beautiful! Michael and Brandon were great, thank you so much, my family and I enjoyed our stay it was a perfect weekend getaway! :) Yu-Chuan April 2022 The stay was relaxing, my family loved how spacious and private it was, the house had a pool and plenty of room for the kids to run around. Wanted to give six stars to the host Michael if I could, he checked in on us daily during our 2 day stay and made sure we had everything we need. I ... Show more> 5.0 5.0 5.0 5.0 5.0 5.0 4of8 5/10/2022, 2:22 PM
Item 5 - 30Ga "The Gorilla Villa" QMost Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?check_in=202 ... ~ "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool designer Villa in central Palm Spring! : Superhost • Palm Spring!, California, United States ~ Share O Save t \J \ " ~\ \ °'-. 2.LPO~ ~ 1 of 5 4/19/2022, 4:28 p~
Item 5 - 31la "The Gorilla Villa" QMost Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?check_in=202 ... Entire home hosted by Michael 16 guests• 6 bedrooms• 8 beds• 4.5 baths ~~~~ I]_ Self check-in Check yourself in with the smartlock. ~ Michael is a Superhost Superhosts are experienced, highly rated hosts who are committed to providing great stays for guests. 0 The Gorilla Villa is a rear 6bedrooms 4.5baths, 8beds (King, queen, double) 1 sleeping sofa (double) 2 air mattress designer villa that sleeps 16-22 in central Palm Spring! (additional guest fee after 16) 2 of5 High Ceiling ... Show more> Where you'll sleep Bedroom 1 1 king bed Bedroom2 1 queen bed > $1,621 $1,438 night CHECK-IN CHECKOUT 8/11/2022 8/16/2022 GUESTS 6guests V You won't be charged yet jj,438 x 5 nights $7,190 Cleaning fee $500 Service fee $1,086 Total before taxes $8,776 ,.. Report this listing 4/19/2022, 4:28 PlV
Item 5 - 32"The Gorilla Villa" QMost Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/5843297324363 l3238?check_in=202 ... What this place offers ~ ~ M, ~ 'o' ~ ~ 0 r Mountain view Resort view Kitchen Wifi Free parking on premises Private pool 7511 HDTV with Amazon Prime Video, Disney+, Hulu, Netflix, Roku Free washer -In unit Free dryer -In unit Security cameras on property Show all 56 amenities 5 nights in Palm Springs Aug 11, 2022 -Aug 16, 2022 3 of 5 4/19/2022, 4:28 PM
Item 5 - 33"The Gorilla Villa" OMost Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?check_in=202 ... 4 of5 < August2022 Sep Su Mo Tu We Th Fr Sa Su Mo Tu 1 2 3 This host has 101 reviews for other places to stay. Show other reviews We're here to help your trip go smoothly. Every reservation is covered by Airbnb's Guest Refund PolicY-. ~ L=.:.J * @ 4/19/2022, 4:28 PM
Item 5 - 34la "The Gorilla Villa" QMost Luxury 6bed 5 bath with pool design... https://www.airbnb.com/rooms/584329732436313238?check_in=202 ... 5 of 5 4/19/2022, 4:28 PM
Item 5 - 35ATTACHMENT 7
Item 5 - 360 * 5.0 • 5 reviews Cleanliness Accuracy communication Location Check-in Value -----5.0 -----5.0 -----5.0 -----5.0 -----5.0 -----5.0 ( 0.. Searcl1 reviews Hirsh May2022 Probably the best Alrbnb stay I've ever had. lncredlble property and Incredible hosts! Myrls May2022 The place Is so beautlfull Michael and Brandon were great, thank you so much, my family and I enjoyed our stay It was a perfect weekend getaway! :) YU-Chuan April 2022 ) The stay was relaxing, my family loved how spacious and private It was, the house had a pool and plenty of room for the kids to run around. wanted to give six stars to the host Michael If I could, he checked In on us dally during our 2 day stay and made sure we had everything we need. I recommend this Alrbnb and would come back If I have the chance. Comella April2022 the "The Gorilla VIiia• ts one of the most impressive places I have stayed. The house was huge and stylish, more than enough for 8 of us to stay. I should have brought more
Item 5 - 37ATTACHMENT 8
Item 5 - 384/20/22, 7:47 AM [1] Messages • Airbnb < Michael and Sagah Response time: 1 hour Apr19,2022 &:, Your inquiry for 6 guests on Aug 11 -16 has been sent. Show listing Dave 4:28PM Hi, I wanted to see if your beautiful home is available August 11th-16th. My family and I will be heading to Palm Springs for our parents 50 wedding anniversary. Please let me know and I will book it. Thank you, Dave Sagah 4:28 PM Hello Dave! Thanks a lot for your interest in "The Gorilla Villa" 0 Most Luxury 6bed 5 bath with pool designer Villa in central Palm Spring! for your trip in Palm Springs! I wanted to confirm right away that it would be a pleasure to host you from Thursday, August 11 to Tuesday, August 16 (6 people for 5 nights). Although the house is still available at this time, I may have received requests for those dates. I would advise you to book quickly. If you need any additional information, please do not hesitate to ask, it would be my pleasure to answer any questions you may have! I look forward to hosting you! Best regards, Brandon https://www.airbnb.com/guest/inbox/1167192381 ?ttype=home_booking -a 1/4
Item 5 - 394/20/22, 7:47 AM [1] Messages • Airbnb Dave 4:31 PM Thank you so much. I will book it as soon as I get home from work this evening. Is the pool heat additional? and will it even be needed in August? Please let me know and also, any restaurant suggestions you have would be great. Thanks, Dave )ffi----,, Michael 5:03 PM ,-J.OA~~l..lf'. Pool heating is additional and you probably won't need pool heating in August:) Ready to book? Michael lets guests book instantly. Book now (rype a message ) https://www.airbnb.com/guest/inbox/1167192381 ?ttype=home_booking 2/4
Item 5 - 404/20/22, 7:47 AM [1] Messages• Airbnb https://www.airbnb.com/guest/inbox/1167192381 ?ttype=home _booking 3/4
Item 5 - 414/20/22, 7:47 AM (1] Messages• Airbnb https://www.airbnb.com/guestlinbox/1167192381 ?ttype=home_booking 4/4
Item 5 - 42David Williams From: Sent: To: Subject: Dave Williams Tuesday, April 19, 2022 4:50 PM David Williams Fwd: Inquiry at ~"The Gorilla Villa" OMost Luxury 6bed 5 bath with pool... for Aug 11 -16,2022 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. ----------Forwarded message ---------From: Airbnb <express@airbnb.com> Date: Tue, Apr 19, 2022 at 4:28 PM Subject: RE: Inquiry at la "The Gorilla Villa" e Most Luxury 6bed 5 bath with pool. .. for Aug 11 -16, 2022 To: RE: Inquiry at • "The Gorilla Villa" Most Luxury 6bed 5 bath with pool. .. for Aug 11 -16, 2022 For your protection and safety, always communicate through Airbnb. I El ·-1 Sagah 1
Item 5 - 43Respond to Sagah by replying directly to this email. Reservation details la "The Gorilla Villa" e Most Luxury 6bed 5 bath with pool designer Villa in central Palm Spring! Y"f Home -Entire home/apt hosted by Michael Guests 6 guests GJ: Check-In GI: Check-out 3
Item 5 - 44Contact Michael https://www.airbnb.com/contact_ host/58432 973243631323 8/send _ me ... < Contact Michael Typically responds within an hour Most travelers ask about Getting there • Free parking on the premises. • Check-in time for this home starts at 4:00 PM and checkout is at 11:00 AM. House details and rules • No smoking. No pets. 1 of2 Price and availability • Get a 10% discount on stays longer than a week, or 15% on stays longer than a month. • Michael's home is available from Aug 11 -16. Book soon. • 50% refund before 30 days prior to check in, minus service fees Still have questions? Message the Host $1,621 $1,438 night la'The Gorilla Villa" QMost Luxury 6bed5 bath with pool designer Villain central Palm Spring! 'P w Entire home CHECK-IN 8/11/2022 GUESTS 6guests CHECKOUT 8/16/2022 V You won't be charged yet ~,438 x 5 nights $7,190 Cleaning fee $500 Service fee $1,086 Total before taxes $8,776 4/19/2022, 4:27 Pl\/
Item 5 - 45Contact Michael https://www.airbnb.com/contact_host/584329732436313238/send_me ... [ 2 of2 Hi, -i I wanted to see if your beautiful home is available August 11th-16th. My family and I will be heading to Palm Springs for our parents 50 wedding anniversary. Please let me know and I will book it. Thank you, Dave ,) Send message ] 4/19/2022, 4:27 PM
Item 5 - 46ATTACHMENT 9
Item 5 - 47Site Address: 2600 E VINCENTIA RD PALM SPRINGS, CA 92262-3807 Mail Address: 2600 E VINCENTIA RD PALM SPRINGS, CA 92262-3807 Primary Owner {s): TIAN SU LING Bedrooms: 3 Baths {F/H): 2 / 1 Total Rooms: O Zoning: R1C Number of Stories: 1.0 Transfer Date: 8/23/2021 Transfer Value: $0.00 First Loan Amt: $0.00 Assessed Value: $580,192.00 Land Value: $127,639.00 Improvement Value: $452,553.00 Prop rty Profile Property Data APN: 501-362-012 Census Tract: 044604 Housing Tract Number: Legal Block/Lot: LOT:31 BLOCK: Legal Description: LOT 31 MB 030/097 DESERT PARK ESTATES ~· · Subdivision: DESERT PARK ESTATES 6 ' Property County RIVERSIDE COUNTY Vesting: MARRIED WOMAN Property Characteristics Year Built: 2008 Use Code: SFR Number of Units: 1 Building Style: Sale & Loan Information Seller: CHEN LIAN ZHAN Cost/Sq Feet: $567.76 Lender: Assessed & Tax Information Percent Improvement: 78.0% Tax Amount: $7,660.58 Delinquent Year: SQFT: 2959 Lot Size: 20038 Garage: ATTACHED (6) Coords: 33.8515439659229, -116.518721289825 Document: 2021.589945 Title Company: ORANGE COAST TITLE COMPANY Homeowner Exemption: Tax Rate Area: 01-030 Tax Year: 2021