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HomeMy WebLinkAboutResolution No. 0229 Fike - UpheldRESOLUTION NO. 0229 A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOHN FIKE FOR THE PROPERTY LOCATED AT 1380 N. INDIAN CANYON, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0376 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 John Fike did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 1380 N. Indian Canyon, 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. AB0376 operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on April 7, 2022 to John Fike for the property located at 1380 N. Indian Canyon, Palm Springs; and WHEREAS, John Fike, filed an administrative appeal of the Administrative Citation No. AB0376 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 1380 N. Indian Canyon, 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 John Fike violated Section 5.25.040(a) of the Palm Springs Municipal Code by a reservation from booking.com with a confirmation number 2166207573 for dates April 4, 2022 to April 11, 2022 (7-nights) with total price of $1606.43 Resolution No. 0229 Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that John Fike violated Section 5.25.040(a) of the Palm Springs Municipal Code by an advertisement on vrbo.com/1799872 for the property located at 1380 N. Indian Canyon, Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence John Fike violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 1380 N. Indian Canyon, Palm Springs and confirmed a period less than twenty-eight (28) days; June 9, 2022 to June 16, 2022 (7- 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 John Fike is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1380 N. Indian Canyon, 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. 0229 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. 0229 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