HomeMy WebLinkAboutResolution No. 0228 Haus II - UpheldRESOLUTION NO. 0228
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF RONALD CLARK HAUS II FOR THE
PROPERTY LOCATED AT 3960 E. CALLE SAN ANTONIO,
PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0374 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 Ronald C Haus did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 3960 E. Calle San Antonio, 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. AB0374 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on March 24, 2022 to
Ronald C Haus for the property located at 3960 E. Calle San Antonio, Palm Springs;
and
WHEREAS, Ronald Clark Haus II, filed an administrative appeal of the
Administrative Citation No. AB0374 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
3960 E. Calle San Antonio, 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
Ronald C Haus violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
Resolution No. 0228
Page 2
advertisement on Airbnb.com/49079556 for the property located at 3960 E. Calle San
Antonio, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Ronald C
Haus violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to
an inquiry to book the property located at 3960 E. Calle San Antonio, Palm Springs and
confirmed a period less than twenty-eight (28) days; August 25 through August 29 (4
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. The Appellant is in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board upholds the administrative decision that
Ronald C Haus is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 3960 E. Calle San Antonio, Palm
Springs, and the fine of $5,000.
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 22 DAY OF JUNE 2022.
MICHAEL PAONESSA
Chair
ATTEST:
MONIQUE M. LOMELI, CMC
Interim City Clerk
Resolution No. 0228
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, do
hereby certify that Resolution No. 0228 is a full, true and correct copy, and was duly
adopted at a meeting of the Administrative Appeals Board of the City of Palm Springs
on the 22nd day of June 2022, by the following vote:
AYES: Board Members Hedrick, Moses, Sinclair, and Chair Paonessa
NOES: None
ABSENT: Basile, Kane
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 27th day of June 2022.
Monique Lomeli, CMC
Interim City Clerk