HomeMy WebLinkAboutItem 4 - CorreyeroADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: March 23, 2022
SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION AB0352 AND
ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE
PROPERTY LOCATED AT 2825 E. VERONA RD., PALM SPRINGS,
CALIFORNIA.
BY: Department of Special Program Compliance
SUMMARY
Joseba Correyero has requested an appeal of administrative citation AB0352 issued in
the amount of $2,500 and two (2) year suspension of the Vacation Rental Registration
Certificate #4559 for the property located at 2825 E. Verona Rd., Palm Springs, California.
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 JOSEBA CORREYERO FOR THE PROPERTY LOCATED AT 2825
E. VERONA RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0352 ISSUED IN THE AMOUNT OF $2,500
AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION
CERTIFCATE #4559
STAFF ANALYSIS
The owner for the property located at 2825 E. Verona Road was issued administrative
citation AB0352 for failure to file contract summaries to the Enforcement Official as
required by The Vacation Rental Ordinance 1918 for guests stays of 28 days or less at a
Vacation Rental.
The Vacation Rental Ordinance No. 1918 (Palm Springs Municipal Code 5.25) requires
the submittal of a Contract Summary prior to each separate guest stay of 28 days or less
at a Vacation Rental. This Contract Summary allows the Office of Special Program
Compliance Department to verify the contract limitations outlined in Palm Springs
Municipal Code Section 5.25.070(b ).
Item 4 - 1
Administrative Appeals Board Staff Report
March 23, 2022 --Page 2
Vacation Rental Appeal -2825 E. Verona Rd., Palm Springs
On September 13, 2021 at 2:30 PM, a Code Compliance Officer was dispatched to
property 2825 E. Verona Road, Palm Springs. It was determined that there were Vacation
Rental guests at the property and that a Contract Summary was not filed with the
Enforcement Official. Citation AB0352 was issued to the owner for a violation 5.25.070(h)
for failure to file contract summaries to the Enforcement Official. ATTACHMENT 4.
On September 13, 2021 the City of Palm Springs Vacation Rental Hotline received a call
for the property located at 2825 E. Verona Rd., reporting a complaint for loud music. On
July 31, 2021 Code Officer Nabhan responded to the report. As a result, Code Officer
Nabhan issued citation A6711 for violation of PSMC 5.25.070(9) Music amplified beyond
the property line. ATTACHMENT 5
On June 20, 2021 the City of Palm Springs Vacation Rental Hotline received a call for the
property located at 2825 E. Verona Rd., reporting a complaint for loud music. On June 30,
2021 Code Officer Nabhan responded to the report. As a result, Code Officer De Avila
issued citation A6673 for violation of PSMC 5.25.070(9) Music amplified beyond the
property line. ATTACHMENT 6.
Pursuant to PSMC 5.25.090(b), "Upon the third violation in any twelve-month period, the
City Manager shall suspend the Vacation Registration Certificate for two (2) years".
Pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative
citation and the suspension of the Vacation Rental Registration Certificate will be
heard by the Administrative Appeals Board according to PSMC Chapter 2.50.
Based on the three (3) administrative citations issued in a twelve-month period, a
suspension of the Vacation Rental Registration Certificate was issued by the Department
of Special Program Compliance with an effective date of October 11 for two (2) years
through October 11, 2023. ATTACHMENT 7.
DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC
06/20/2021 A6673 Music Audible at Property Line 5.25.070(g)
09/13/2021 A6711 Music Audible at Property Line 5.25.070(g)
09/13/2021 AB0352 Failure to submit contract summaries 5.25.070(h)
The City provides notice to applicants of the requirement to submit contract summaries
when the application is approved and owners acknowledge annually the requirement to
submit Contract Summaries during the application process. ATTACHMENT 8.
The City provided by mail a letter to the owner for failing to submit Contract Summaries
for the month of April, 2021 on August 4, 2021. In response to the letter, the missing
summary was received on August 23, 2021 for a stay with dates April 25, 2021 through
April 26, 2021. ATTACHMENT 9
The City provided newsletters in June 2021, July 2021 and August 2021 discussing
Contract Summaries. ATTACHMENT 10
Item 4 - 2
Administrative Appeals Board Staff Report
March 23, 2022 --Page 3
Vacation Rental Appeal -2825 E. Verona Rd., Palm Springs
Citation History Background
Third Citation
Administrative citation AB0352 was issued on September 13, 2021. The citation was
issued to the owner for a violation 5.25.070(h) for failure to file contract summaries to the
Enforcement Official. On the third Administrative Citation in the 12-month period, the City
Manager issued a suspension of the Vacation Rental Registration Certificate per Palm
Springs Municipal Code 5.25.090(b). The Code Enforcement Officer report is attached as
ATTACHMENT 4
Second Citation
Administrative citation A6711 was issued on September 13, 2021. The citation was issued
to a guest for violation of 5.25.070(9) that occurred September 13, 2021; Music audible
at property line. The Code Enforcement Officer report is attached as ATTACHMENT 5
First Citation
Administrative Citation A6673 was issued on June 20, 2021. The citation was issued to a
guest for violation of 5.25.070(9) that occurred on June 20, 2021; Music audible at
property line. The Code Enforcement Officer report is attached as ATTACHMENT 6
The following Palm Springs Municipal Code sections and Regulations are applicable to
this matter.
The Palm Springs Municipal Code, Vacation Rentals §5.25.070 -Operational
Requirements and Standard Conditions:
(g)"Notwithstanding the provisions of Section 11. 7 4. 043, any radio
receiver, musical instrument, phonograph, loudspeaker, sound
amplifier, or any machine or device for the producing or reproducing
of any sound shall be conducted within a fully enclosed Vacation
Rental unit and shall not be audible at the property line of the
Vacation Rental."
(h)"Prior to occupancy pursuant to each separate occasion of rental of
a Vacation Rental, the Owner or the Owner's agent or representative
shall enter into a written Contract with a Responsible Person where
(1)the Responsible Person will provide the Responsible Person's
name, age, address, and a copy of a government issued
identification; (2) establishes and sets out the terms and conditions
of the Contract, including without limitation occupancy limits, noise
prohibitions, and vehicle parking requirements; (3) requires the
Responsible Person to acknowledge and agree that he or she is
legally responsible for compliance of all occupants of the Vacation
Rental or their guests with all provisions of this Chapter and/or the
Municipal Code; (4) the Owner or the Owner's Agent provides a copy
of the "Good Neighbor Brochure" to the Responsible Person; (5) the
Item 4 - 3
Administrative Appeals Board Staff Report
March 23, 2022 --Page 4
Vacation Rental Appeal -2825 E. Verona Rd., Palm Springs
Responsible Person provides a list of all guests by name; and (6) the
Responsible Person provides a list of all guests' vehicles, including
license plate numbers. Each Contract shall be maintained by the
Owner or the Owner's Agent for a minimum of four (4) years and
shall be readily available for inspection upon request of the
Enforcement Official. A summary or abstract of the written
Contract, in a form approved by the Enforcement Official, shall
be filed with the Enforcement Official prior to occupancy, in a
manner approved by the Enforcement Official, and shall be
posted in a conspicuous location on the Vacation Rental
property and shall be made available on site at the request of an
Enforcement Official".
Palm Springs Municipal Code §5.25.090 (b)-Violations
(b)"Upon the third violation in any twelve month period, the City Manager shall
suspend the Vacation Registration Certificate for two (2) years".
ADMINISTRATIVE REGULATION "Violation Count for Purposes of Suspending a
Vacation Rental Certificate"-Effective 8/2017
Procedure:
A.Section 5.25.090(b) specifies, "Upon the third violation in any twelve (12)
month period, the City Manager shall suspend the Vacation Rental Certificate for
two (2) years." Following is a clarification how violations are counted.
1.Administrative citations for violations of Chapter 5. 25 issued to the Vacation
Rental guest, Owner, or Owner's agent prior to April 16, 2017 will count towards
the calculation of the three (3) violations in any twelve (12) month period for
suspending the Vacation Rental Certificate for such property in accordance
with Section 5.25.090(b).
2.There will be no suspension unless at least one (1) violation occurs under
new Ordinance No. 1918.
3.Appeals of the third administrative citation and the suspension of the
Vacation Rental Registration Certificate will be heard by the
Administrative Appeals Board according to PSMC Chapter 2.50.
Administrative Regulation "Authority for the Issuance of Administrative Citations"
dated 08/2017 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."
Item 4 - 4
Administrative Appeals Board Staff Report
March 23, 2022 -Page 5
Vacation Rental Appeal -2825 E. Verona Rd., Palm Springs
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
Resolution no. --Notice of Appeal Hearing
Administrative Citation Appeal Letter
Administrative Citation AB0352 and officer report
Administrative Citation A6711 and officer report
Administrative Citation A6673 and officer report
2825 E. Verona Rd suspension letter
Application document and approval email
Contract Summary letter dated August 4, 2021
Vacation Rental newsletters
1
2
3
4
5
6
7
8
9
10
Item 4 - 5
ATTACHMENT 1
Item 4 - 6
RESOLUTION NO.
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF JOSEBA CORREYERO FOR THE
PROPERTY LOCATED AT 2825 E. VERONA RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0352 ISSUED IN THE AMOUNT OF $2,500
AND THE TWO-YEAR SUSPENSION OF VACATION
RENTAL REGISTRATION CERTIFCATE #4559
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, the City investigated in detail and found the property 2825 E. Verona
Rd., Palm Springs, to be in violation pursuant to Section 5.25.070 (h) on September 13,
2021 and issued administrative citation AB0352; and
WHEREAS, the City investigated in detail and found the property 2825 E. Verona
Rd., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on September 13,
2021 and issued administrative citation A6711; and
WHEREAS, the City investigated in detail and found the property 2825 E. Verona
Rd., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on June 20, 2021
and issued administrative citation A6673; and
WHEREAS, upon the third violation in any twelve-month period, the City
Manager shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS Joseba Correyero was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 2825 E. Verona Rd., Palm Springs,
on September 20, 2021 with an effective suspension date of October 11, 2021, and
WHEREAS, Joseba Correyero for the property located at 2825 E. Verona Rd.,
Palm Springs, filed an administrative appeal of the administrative citation AB0352 and
sus ension of the Vacation Rental Registration Certificate with the City Clerk and paid
the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC
Chapter 2.50
Item 4 - 7
Resolution
Page2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 23, 2022; and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Joseba Correyero violated Section 5.25.070 (h) of the Palm Springs
Municipal Code; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Joseba Correyero is in violation pursuant to Section 5.25.090 (b) of the Palm Springs
Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 23,
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 5.25.070(b).
The Administrative Appeals Board upholds administrative citation AB0352 and
the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 2825 E. Verona Rd .. , Palm
Springs.
D The Appellant is in violation of Palm Springs Municipal Code 5.25.070(b).
The Administrative Appeals Board overturns administrative citation AB0352 and
the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 2825 E. Verona Rd .. , Palm
Springs.
THIS PORTION OF PAGE BLANK
Item 4 - 8
Resolution
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
AD MINISTRATIVE APPEALS BOARD THIS ___ DAY OF _____ 2022.
ATTEST:
MONIQUE M. LOMELI, CMC
Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
Michael Paonessa
Chair
I, MONIQUE M. LOMELI, CMC, 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:
MONIQUE M. LOMELI, CMC
Interim City Clerk
Item 4 - 9
ATTACHMENT 2
Item 4 - 10
NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA
BEFORE THE
ADMINISTRATIVE APPEALS BOARD
TO: Joseba Bermejo Correyero
2825 E. Verona Rd
Palm S . s CA 92262
NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(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 2825 E. Verona Rd Palm Springs, CA.
Hearing Date: Wednesday, March 23, 2022
Hearing Time: 5:30 p.m.
Location: Zoom Meeting: https://us02web.zoom.us/i/83550814332 or
Call (669) 900-6833, Zoom Meeting ID 835 5081 4332
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@palmsprinqsca.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.
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 and mailed to the parties at the address above, on March 3, 2022, postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and corr
,.-�-
Item 4 - 11
NOTIFICACl6N DE AUDIENCIA ADMINISTRATIVA
CIUDAD DE PALM SPRINGS, CALIFORNIA
ANTE LA
JUNTA ADMINISTRATIVA DE APELACl6N
PARA: Joseba Bermejo Correyero
2825 E. Verona Rd iiliililiii2262
POR LA PRESENTE SE NOTIFICA, de acuerdo con el C6digo Municipal de Palm Springs
§2.50.080(d), de la Audiencia de Apelaci6n ante la Junta de Apelaciones Administrativas, sobre la
decisi6n del Departamento de Cumplimiento de Programas Especiales, Violaci6n del C6digo Municipal
de Palm Springs 5.25, con respecto a las operaciones de alquileres vacacionales localizadas en,
2825 E. Verona Rd Palm Springs, CA.
Fecha de la Audiencia: Miercoles, de 23, Marzo de 2022
Hora de la Audiencia: 5:30 p.m.
Lugar: Reuni6n por Zoom: https://us02web.zoom.us/j/83550814332 or
Call (669) 900-6833, Zoom Meeting ID 835 5081 4332
La Junta Administrativa de Apelaci6n solicita que si usted tiene documentaci6n/pruebas
complementarias, que proporcione dicha documentaci6n 24 horas antes de la audiencia. Puede
presentar su documentaci6n en persona o por correo electr6nico en CityClerk@palmspringsca.gov. La
documentaci6n presentada en la reunion sera aceptada; sin embargo, si la Junta considera que no
tiene tiempo suficiente para revisar su documentacion, su audiencia de apelacion puede continuar en
una reunion futura.
Se pondra a disposici6n un interprete bilingoe y/o de Lenguaje Americano de Senas, sin costo alguno,
si se solicita al menos 48 horas antes de la audiencia. Por favor, p6ngase en contacto con la Oficina
del Secretario Municipal al (760) 323-8204 o por correo electr6nico a CityClerk@palmsprinqsca.gov .
Estado de California Condado de Riverside ) ss.Ciudad de Palm Springs)
DECLARACl6N JURADA POR CORREO
Yo, MONIQUE LOMELI, Secretario Municipal de Palm Springs, Califomia, por la presente certifico que la Notificaci6n de la Audiencia ante la Junta Administrativa de Apelaciones fue enviada por correo electr6nico y por
correo postal a los interesados a la direcci6n anteriormente indicada, 3 de Marzo de 2022, con franqueo prepago y depositandolo en el correo de los EE.UU. en Palm Springs, California.
Declaro bajo pena de perjurio que lo anterior es cierto y correcto.
Item 4 - 12
ATTACHMENT 3
Item 4 - 13
,.. RECEIVED '"'ITY OF PALM SPRINGS
aty of Palm 5pr11111 2021 NOV -
I
A
N 11 : t, IOffice of the City Clerk
3200£. TahqultzClnyonWay,PalmSprlnp,aPffii§ OF THE CiTY CLERf·
TEL: (760) 323-8204 I FAX: (760) 323-8332
WRlffEN NOTia OF APPEAL FORM FOR VACATION RENTAL
aRTIFICATE SUSPENSION, REVOCATION OR DENIAL
AVISO ESCRno DE FORMULARIO DI APE1.ACl6N PARA SUSPENSldN RIVOCACl6N 0.NEGA06N DEL CERTIFICADO DE ALQUILER DE VACACIONES
I If you have received a Suspension, Revocation or Denial Notice of a Vacation Rental Realstmlori certificate from the City
of Palm SpriniS Vacation Rental Compliance Department, please use this form to request an ••I. Vou must lndflde ,.,,,,.,., a/the,,,,,,.,, /N .. this to,m. / Si redbl6 un avlSo de suspensi6n revocad6n o dentpei6n de un certiflcado
de realstro de a1qufler vacac:lonal del Departamento de cumpllmlento de alqulleres vacactonalesi de la dudad de Palm
Sprlnas, utilice este fonnulario para solicitor una apealaci6n. Debe lndulr el"""°• ta tori/a de opeJod6n ,:on este fo,rnulatlo.
Appellant: Joseba Bermejo Correyero
R resented b : Mitchell Reed Sussman & Associates Law Firm
Palm Springs
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L/\ :,;j\: ,\I'_ /\·;!L_.t\( l,)Nl:c: h,'._)\·ill\�f(_�lf�/\.f1V/\'_.
AB0352 -PSMC § 5.25.070(h) Failure to submit contract 09/13/2021
summary
2825 E Verona Road, Palm Springs CA 92262 � ,o
Note: please contact legal representative Mitchell 1leed Sussman & Associates moving forward with appeal
process
3IPa1e
Item 4 - 14
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 AP PEAL HEARING./ ADJUNTE HOJAS ADICIONALES, COMO NECESARIO. POR FAVOR DETALLADO; TAMBl�N PUE6>E PRESENTAR HECHOS Y PRUEBAS AL MQMENTO DE SU AUDIENCIA DE APELACIQN.
1.State the specific action being appealed/ lndique la acci6n espedfica que se esta apelando.Appealing citation number #AB0352 given on 09/13/2021 for a violation of PSMC § 5.25.070(h). The resulting action from the citation is that the property in question--2825 E Verona Rd, Palm Springs--can no longer act as a vacation rental due to PSMC § 5.25.090(b) "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years." 2.Specify the grounds of the appeal / Especifique los motivos de la apelad6n.Homeowner completed the requisite contract summary per PSMC § 5.25.070(h) but improperly submitted before the tenant rented the property in November of 2021. Homeowner lives in another country and solely rents ��p�operty for income. Homeowner states that she improperly submitted the contract summary via mailing if instead of electronically submitting the form. Homeowner is still in possession of the contract summary per code and is willing to re-submit the summary. 3.Specify the relief you are seeking / Especifique el alivio que busca.Property NOT to be suspended for the two year period per PSMC § 5.25.090(b ), that the third violation be waived and instead a warning be given retrospectively. Homeowner understands that if another violation is committed within the 12 month period per PSMC § 5.25.090(b) that the vacation registration certificate will be suspended. 41Page
Item 4 - 15
RECEIVED
��CITYOFPALHSPRINGS
,-.,...I f'.:4,,.1,. -» /'3' __ J r\4!. ��I V -I �H II: 4 I
\../YllWRDll � \JlJllSSllkDI �LI"'' I" O c.r,r •
October 27, 2021
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs CA 92263
Re: Notice of Appeal for Vacation Rental Certificate Suspension
Client: Joseba Bermejo Correyero
Address: 2825 B. Verona Road
Palm Springs, Ca. 92262
Dear Office of the City Clerk,
Sussman Law has been retained as it relates to the abovementioned client.
Please see the enclosed check in the amount of $802.00 for the appeal fee as it relates to the formal appeal for a vacation rental certificate suspension.
Please direct all formal responses to:
Juliet Sussman
1053 s. Palm canyon Drive
Palm Springs, Ca. 92264
juliatmariesuss@aol.com
(760)325-7191 Office
(760)325-7258 Fax
Thank you for your consideration in this matter. We look forward to your response.
Regards, Jeff Murphy
Law offices Sussman
1053 s. Palm Canyon Dr., Palm Springs, ca. 92264
Phone 760 -325 -7191 / 760 -325 -7258 Fax
Item 4 - 16
ATTACHMENT 4
Item 4 - 17
I I
I
I I
CITY OF PALM SPRINGS Vacation Rental Enforcement
Administrative Citation
DATE DAY OF VVEEK
09/13/21 Monda
LOCATION OF VIOLATION
I c Agent p( Property Owner
□Other
AB0352
TIME
3:20
NAME (First, Middle, Last): DLorlD Joseba Bermejo Correyero
ADDRESS
2825 E Verona Rd
CITY STATE
Palm Springs CA
ZIP
92262
You are being issued an Administrative Citation for the following Code
provisjon(s).
Count PSMC Description
1.5.25.070 (h) FAILURE TO SUBMIT CONTRACT SUMMARY
COMPLIANCE ORDER
,( You are ordered to correct or otherwise remedy this/these violations
by: 15 CALENDAR DAYS FROM MAILING DATE OF CITATION.
Gt You are further ordered to pay an Administrative Fine as prescribed in the
schedule below for each count fisted above. Payment must be paid In full
by the compliance date to avoid additional penalties. The total CITATION
PENALTY due Is $2,500.00.
ADMINISTRATIVE FINE SCHEDULE
□First violation -Operating without a Vacation Registration Certificate:$5000.00 and permanent ineligibility to operate
□Second violation -Operating without a Vacation RegistrationCertificate: $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
o Second 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
Other/Description:
M.Nabhan - DSPC/CODE
��ntOffi�r
Signature
09/13/2021
Date of Issuance
Type of Service
c Personal
/f(,.Mall
COPY TO PROPERTY OWNER/AGENT; PROCESSING; FILE
Item 4 - 18
CITY OF PALM SP RINGS DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
ADMINISTRATIVE CITATION
IMPORTANT INFORMATION -PLEASE READ COMPLETELY AND CAREFULLY
You have been issued an Administrative Citation for violation(s) as indicated
on the reverse. ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL
PROSECUTION AND/OR ADDITIONALADMINISTRATIVE FINES.
HOW TO 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 malled. Payment can be made by credit/debit card on-line at
www.CitationProcessingCenter.com or by calling 1-800-969-6158.
Payments are also accepted in the form of a cashier's check, personal
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. (DO
NOT send your payment to the City of Palm 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) calendar days from the date the citation is
mailed. The provisions of Palm Springs Municipal Code Chapter 2.50 will
apply to appeals. An appeal must be filed in writing by using the applica ble request for appeal form available from the City's website at www.palmsprinqsca.gov OR www.psvacationrentalcompliance.com. 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 appeal fee and submit the request for 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 SP ECIFIED
ABOVE. THE APP EAL FEE AND REQUEST FOR APPEAL FORM
MUST BE SENT TO THE PALM SP RINGS OFFICE OF THE CITY
CLERK. For questions, please see the City website listed above or contact the City of Palm Springs Vacation Rental Compliance Deparbnent.
FAILURE TO ANSWER OR PAY PENALTY FOR VIOLATION{S)
Failure to pay the penalty or contest the citation within fifteen (16) calendar days may result in additional adminis trative fines and the recordatlon of a special lien against your property. In addition,
notification may be made to the State of California Franchise Tax Board.
Palm Springs Municipal Code provides for the Issuance of
administrative citations for Nlunlcipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists.
Each and every day a violation ls unaddressed constitutes a separate and distinct offense and shall be subject to citation.
Addltlonal Enforcement Officer Notes:
Item 4 - 19
Monday, September 13, 2021
'I
Su:pplemental· Repo·rt - Vacation
·Rental Code Compliance Officer
Event Report
: Date
I I 1 1 Monday, September 13, 2021
I I
Time
: 3:23 P.M
This ·is a suppliemental form to provide additional information on a Code Compliance
Officer Report already submitted. This form is to be used by the original officer to update
the original report information about an event.
, . Hotline Call Number:
: : 2109131-33215
Property Address
2825 F Verona Rd ' 92262
·Suppliemental Information:
Prior to responding to the complaint for loudmusib that was received via the vacation rental
, hot li�e. I conducted a search and found that there
was no contract summary submitted by the' prop�rty owner or their authorized agent. While contacting the guests at the property in response to mYi observations related to the complaint, the
1 occupants stated that they had booked the
property for a short-tenn stay arriving on Sunday,
SeptJmber 12th, 2021 and departing on Tuesday, ' Sept�mber 14th, 2021 via the booking weQsite
AirBnB. A second more detailed check for a
submitted contract summary was condu'cted upon
: arriva.1 back at my workstation after completing my! . response to the call and found that there was no, : contr�ct �ummary on file for the current guest!I stay. f"S a result of this, I will be issuing citation, , AB0352 for violation of PSMC 5.25.070(h} Failure
: I to Su�mit A Contract Summary Prior to Guest ) ' Occupancy to the property owner, Joseba Bermejo 11 C I . orreyero. 'I i
Code Compliance Officer submitting the form:
Mitch Nabhan
1
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Code Compliance Officer Email:
mitchell.nabhan@palm.springsca.gov
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2
,:.. .��. �i .. r ·.'
Item 4 - 21
ATTACHMENT 5
Item 4 - 22
-
Cl I Y Ut' t'ALM :if"KINU:J
Vacation Rental Enforcement
Administrative Citation
DATE DAY OF WEEK
I D Agent D Property Owner
�Tenant D Other
A 6711
I �RESS !!1111111 S"l'ATE ZIP IYou are � luued 'an � Citation for lhe tolowing Code
provlsion(s).
Count PSMC Desc:r1ptlon
1 .• f. i.s: W-, l .. ,, , �-,,.i1
2. ----
3. ----
COMPLIANCE ORDER
v'I)
You ara orderad to carrect or alhalwtlle ramedy thilllhele vlollllonl by
I /'111'l )1..-lit:l.t
You are further ordenld to pay an Administrative Fine a prescribed In lhe
schedule betow for each count lill8d above. Payment must be paid In full
by the compliance data to ffl>id adclllanat penaftles. The llul CITATION r r1, <.) PENALTY due Is S OJ 1
ADMINISTRATIVE FINE SCHEDULE "'
Jil... First Citation in a 12--Month Period /$500.00 per count �
Failure to correct the violation and pay the AdmlnlstratlYe Fl� within 1Cktaya wHI
resuh in an additional $500.00 penalty. / --0 Second Citation In a 12-Month Pertod 11,000.00 per count
SECOND ATTEMPT TO OBTAIN COMPLIANCE. Fatlwe to mmtct the v1o1ation
and pay ALL AdmlnlatraUve Fines within 1Cklays wilt result In an additional
$1,000.00 penalty.
D __ Cffation In a __ Month Period $1, •• 00 per count
FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY
MAY RESULT IN A PUBLIC NUISANCE PROCEEDINGS ANO OTHER
ENFORCEMENT ACTIONS - ALL COSTS ASSOCIATED WITH PUBLIC
NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT
PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY.
Type of Service
Penlonal ail
SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION
WHITE: Property Owne rlRasident • YEUOW: Prooeaing • PINK: Fila
Item 4 - 23
DEPARTMENT OF VACATION RENTAL COMPLIANCE
ADMINISTRA11VE CFrATION
IMPORTANT INfOBNe:JJON • Pf f!lf BHP
COMPLETELY MP CARffULLY
You have been Issued an Administrative Citation for violation(s) as indicated
on the reverse. ADDITION AL VIOLATIONS MAY RESULT IN THE CRIMINAL
PROSECUTION ANO/OR AOOmONAL ADMINISTRATIVE FINES.
HOW JO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation.
The fine must be paid witbio fiftaen (15) calendar days from the date the
citation is deemed served. Payment can be made by aedit/debit card on
line at www.CitationProcessingCenter.com or by calling 1-10()..969-8158.
Payments are also accepted in the form of a cashier's check. personal
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. {IKl
NOT ynd your payment to 1w City at Palm Sprtngs Ofllal I
City of Palm Springs Administrative Citation Program
P.O. Box 7275
Newport Beach, CA 92658-7275
HOW JONff41 THIS CUATJON Payment must be made prior to appealing a citation. A responsible party
receiving an administrative citation may appeal such citation withjn fifteen
(15)cafen<lar days from the date the citation is deemed served. An appeal
must be filed in writing by using the standard Appeal Fonn available from
the City's website at www.palmspringsca.gov specifying the appellanfs full
name, mailing address, citation number, and the basis for the appeal. You
may also appeal after paying on-line at wn CitaliznProrerinDCea'erl]Jffl.
(DO NOT ltQd ypur IPPW 'l9Hll1 to a,. en, pf palm IPdD9I Ollk;n·
Hod U tg 1bt PIYIQIDl..,.,,..,)
FAILURE Jo ANSWER QR PAY PEULIY fOB VIOLATIQNfll Failure to pay the penalty or contest the citation within llflNn (15) calendar days may mun In additional admlnlatratlve fin• and
the recordatlon of a apeclal Hen agalnat your property. In addition,
notification may be made to the State of Callfomla Franchise Tu
Board.
Palm Sprtnga Municipal Code provides for the laauance of
administrative citation• for llunlclpal Code Vlolatlons. Finn are cumulative and citations may be Issued each day the Ylolatlon exists.
Each and every day a violation Is unaddreued constitutas a ....,... and distinct offense and shall be subject to citation.
AQQCOO,W, INfOBIIATJON For further information regarding the specific citation, compliance order, or
to request an extension of the compliance date, please contact the City of
Palm Springs Vacation Rental Compliance Oeparbnenl
Additional Enforcement Officer Notes:
Item 4 - 24
Vacation Rental Code Compliance Officer Event Report
Date
Monday, September 13, 2021
Monday, September 13, 2021
Date of the Event
Monday, September 13, 2021
Time received the complaint from the Hotline: ' 1:33 Prli I I '
'I I I Property Address
: I 2825 EVerona Rd I 92262
Is this a registered vacation rental?
I l � Yes )
I I i
1 ,• Is thi� a unit in a Condominium complex? !I
1 No I I I Was there a Contract Summar y on file for this I propjrty l guest stay?
No I ' Location of the noise source?
Back�ard Patio f
Time
2:58PM
TYPE OF REPORT
VACATION. �ENTAL ENFORCEMENT
Time arrived at the property:
1:58PM
Is. this report based on a proactive finding, a lead from the community or response to a call into the hotline?
Vacation Rental HotHn.e
Type of a Complaint Reported: (You may select more then one)
Music coming from the property
Please Input dB levels. Ifs recommended to take a reading every two minutes
dB reading one
dB readJng two
dB reading three
Time dB level
1359
1401
1403
50.5
52.5
51.4
Is th� person occupying the Vacation Rental At which location on the property or off the over hight? property were you present when you witnessed
Ye� ----====---------=-====---=-the vlolatlon?--====---=-----=-----=---=====-----=--=--=----a'--'
Name of Person Citation being issued to:
Jacq,&ne Macias
Cod�[Section Violated:
Musi� at the property line 5.25_.070(g)
Type of noise source?
-Speaker
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On streetin front of the location
Citation Number (if applicable)
A6711
To tal time amount witnessing the violation:
10minutes
Was Citation Issued?
Yes
1
? J1Jirr:otrti Item 4 - 25
Upon Arrival found the following:
-Music• at the property line
Additional Notes:
Arrived at the property at 13:58. From the street in front of the property, a-violation for music amplified beyond the property line was observed. The son observed was Please attach 2-3 pictures as needed to identified a
support your findings. Pictures of the front of contacted the occupants at the front oor an brie discussed tt,e complaint received and the observed violation the home with address are a must along with a with the responsible renter, Jacqueline. Jacqueline stated picture of the violation if applicable that they were told they could listen to music, but to keep it ..,...., ____ ..,...._.... low. I issued the guests a good neighbor brochure and : : ��j�_ discussed in detail the specifics related to the rules for .'JTii ·· music, noise, and occupancy limits at vacation rental : .Ji1f r properties. The guests were frustrated and stated that they -:;?'�::: had turned the music off and came inside to have lunch
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right before I knocked on the door. I advised that I had been observing for approximately 10 mins before contacting them at the front door. They also had questions related to the city's observation procedures and practices, so I provided information on how the city responds to vacation rental complaints and takes enforcement action when there are observed violations. The guests stated that they understood and would not cause any further disturbances for the rest of their stay. Citation Issued. Attempted to follow up with both listed local contact's, Jorge and Ana, but neither one spoke English very well and didn't understand why I was calling them. I then attempted to call the property owner, but there was no answer, and I was unable to leave a message via voicemail. The reporting party did not request follow up.
Has this event been communicated to the
Local Contact for this property?
Yes
Code Compliance Officer submitting the form:
Mitch Nabhan
Code Compliance Officer Email:
mitchell.nabhah@palmspringsca.gov
Number of Code Officers responding to the
event:
1
Code Officer Name #1:
Mitch Nabhan
2 Item 4 - 26
I I
I
' ''
'I
• I
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3 I Jotfarni Item 4 - 27
1) Ticket#: 210913133215 Non-Active Nuisance Caller: Steven Row+
dispatcher@centralcomm1.com < dispatcher@centralcomm1.com >
Mon 9/13/20211:34 PM
To: psoffice@centralcomm.com <psoffice@centralcomm.com>
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.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
• I I 1)Ticket#: 210913133215Non-Active Nuisance
Caller:Phan
Address is Listed
Complaint Street Number. 2825 I I Complaint Street Name: E Verona Rd
Complaint: Loud Music Has Been Going On For 2 Days Straight. This Is The 3rd Time This Summer I Have
Had To Call. Its A Constant Problem. It Did Not End Until Way After 12am Last Night And Now Its On Again.;
. :Property Access Permitted
1Callback NOT Needed I ·•••••••i.••••••••• .. ••* .. •••••*•*••••••*"*****••• I ·Contact Name: Jorge Araga / Ana Gomez
Telephbne: {760) 641-0487I I !Alternate Telephone: (760) 774-8690
,Overnight Days: 6
I I · Suspended Account No I : tCaller ID:
I
Item 4 - 28
ATTACHMENT 6
Item 4 - 29
•CllY OF PALM SPRINGSVacation Rental EnforoementAdministrative Citation A 66 3.
You ara being ..,. an Mn*....._ Cllallon for the falallilr'I CoGa
proylalan(1).
Count PSMC DMcrtpllan
1 .. S:: Z »914(/U; J.(vS-lf: Be: YaNl) · f?JgpPf;Jz Ty:
2, ___ _
3. ----
COMPLIANCE ORDER �You ill8 ardnd 1D camltt or alhelWlle nNllldy 1hllllhale Vldlllofll IP;' I M/1W, Att$ "-Y ac---You 818 bther ordered lo pay an Admnlatnltlve Fine • Pl-=rlbad In the � below for ucti «NIil 11111d abcM . .,..,. must be paid In uIP/ the ...,-..a dlllll 10 awkl adCllkNI ......_ TIie _. crrATION
PENALTVullS -299:• �
ADMINISTRATIVE FINE SCHEDULE
�FilltClatiorllna 12-MonlhPeflpd f:allure ID CClfflNlt 118 vlalallortand pay lhaAd� Fine reeult In an addltlonal Mao.GO penalty. □Second Citation In a 12-Month Period $1,000.00 pll' aount SECOND AT18FT TO OBTAIN COMPLIANCE. Failure to COffllCt the vlolatlon and pay ALL Admlnllllndlw Flnee wfthln 10-daya wt1 NNt In an addlllanaf$1,000.00penaly.
□--Cllallan In•----Month P8llod 11.-.• per count FINAL ATI'EMPT TO OBTAIN COMPLIANCE - FAILURE TO COMPLY MAY RESULT lN A PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT AC110NS - AU. COSTS ASSOCIATED WITH PUBUC NUISANCE PROCEEDINGS MAY BE UENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE A\RTY.
6�.zo-,.y
Data � lauance Typeae:. D Mall
SEE REVERIE �E FOR MVMINT AND OTHER INFORMAllON
L-�-----------WHITE: P1oDertY Ownm1Rllllde11t i.YELLOW: Procesalng • PINK: Fie -----"'-----�----___,
Item 4 - 30
cm OF PALM SPRINGS DEPARTMENT OF VACATION Rl:NTAL COMPLIANCE ADMJNISTRAfflfE CITATION
IMPQRTANT INFORMATION • P! ftSE 116P COMPLETELY AND CAREFULLY
You have been issued an Administrative Citation for violation(.s) as indicated on the reverse.ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES.
HOW m PAY JHE FINEThe amount of fine is indicated on the front of the Administrative Citation.
The fine muat be paid wilhin fifteen (15) cal@ndar daw from the date the citalion is deemed served. Payment can be made by aedit/debit card � tine at www.C/tstJonProoesll/ngCBnlcom or by calling 1�969-8158. Payments ant- also accepted fl\ the fonn of a cashier's check., peraonal dlec:k. « money order payable to the City of Palm Springs. Payment of the fine does not excuse or diac:hafge any rasponsibility ancUagal consequences far mntinuation « reportad occunencas � the violatioft'9). Write the citation Nlmber on the check/money order. and mail It to the addntSS below. am
NQT w,d ygyr HY!DIOI to u,, City pf,_ --Offlw)
City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275
HQW I96PPEN THIS QTATIQN Payment must be made prior to � a dlation. A rasponsibte party receiving an administrative cilation may appeal such citation wilbio fifteen
(15) c;alendar ctara flbm the date the c::ilalion II deemed &eMKf. An appeal must be filed In writing by using the standatd Appeat Form available from the City's website at www.palmspringsca.gov specifying the appellant's full name. mailing addl8sa, citation number. and the basis for the appeal. You
may alsoappeal after paying on-Une at ll!WW CftelbrPrrreutmCertrmm. CPP N0J and ypyr •-• !IIMlllto • CIYgf'Plhn IPdnAI OfflFn; IIQd 1t to lbl PIYDMJ addqss WYt)
fAIYlftE IP MIIIEB AB PAY PEIWrIY fOB \IIOLA1JON(S) FailuN to pay the penalty • conteat the cltatlon Within flftee,. (15) calendar days may N11ult In additional administrative ftnH and 1M recordadon of a speclal llen against your property. In addition. notlftcatlon may be made to the Stata of Callfomia Franchise Tax Board.
Pabn Springs llunlcipal Code pnwlcles far the luuance of lldmlnlstratlve c:ltallons for Munlclpal Code Vlolatlons. Fines are c:11ppulallve and citallons may be Issued each day the violation exists. Eacfl and 8Y81J day• vlolatlon la unaddreSNd conaUtutaa a •parate and dldnct otr.n.-and shall be 8lllljact to citation.
ADDITIONAL 1Hf9BNATION For further information regarding the specific citation. compliance order, or to request an extension of the compltanoa data, please contact the Cily of Palm Springs Vacation Rental eon.,tlance Depmtmenl
Item 4 - 31
City of Palm Springs
425 N Clvic Dr • Palm Springs, California 92262
Tel: (760) 322-8382 • Fax: (760) 322-8317 • www.
Department of Special Program Compliance
June 24, 2021
Joseba Bermejo
2825 E. Verona Rd.
Palm Springs, CA 92262
Subject: 1st CITATION NOTICE -VACATION RENTAL
Reference: Vacation Rental Property: 2825 E. Verona Rd. Palm Springs, CA 92262
Dear Vacation Rental Owner:
Please be advised that our office has the following citations recorded for your Vacation Rental property:
DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC
06/20/2021 A6673 Music Audible at Property Line 05.2S.070(g)
Pursuant to Palm Springs Municipal Code §5.25.090(b), "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years".
Pursuant to Palm Springs Municipal Code §5.25.090(f), "The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate.
If you have any questions, please do not hesitate to contact me directly at 760-322-8372. You can find additional
information on the Vacation Rental Ordinance by visiting our website: www.psvacationrentalcompliance.com
Executive Program Administrator
The Department of Special Program Compliance
Cc: File, VR Property Post Office Box 2743 • Palm Springs, California 92263-2743 Item 4 - 32
Central Communications 8/21/2021
Back Central Communications
Message Details
93)ID: 29679, •••EMERGENCY CALL, June 20, 2021 06:06 PM PDT
Call Type: Active Nuisance: Music
Ticket#:210620180342
Caller Name:
Phone Numb
Caller Addre
Callback NO..........................
Complaint Street Number: 2825
Complaint Street Name: E Verona Rd
Complaint:: I'm Rental Properties. But, This One Is Frequently
Home,
Having Problems. The Music Is So Loud It Is Thumping My Walls And I Have Guests. Can The
Owner Do Something For Future?
Property Access Permitted ...............................
Contact Name: Jorge Araga / Ana Gomez
Te lephone: .(760) 641-0487
Alternate Te lephone: .(ZH) 774-8690
Overnight Days: 6
Suspended Account: N�
Reply
Add Note
Set Followup Required
Notes
Note added on Jun 21 12:44 AM PDT From: Roberto De Avila , Arrived at 1827 hrs. From the
. street in front of the property observed music that was extending beyond the property line.
Made contact with occupants and informed them of the complaint received and observations
made. Followed up with local property contact and property owner. Citation was issued for the
observed violation.
Delivery Details
0001. Jun 20 06:06 PM PDT Office -Group Email Other Email psoffice@centralcomm.com
EMAIL SENT
0002. Jun 20 06:06 PM PDT SENT TO DISPAT CHER
htlps://portal.centralcomm.com/portaVmobllelhome.xh1ml 1/2
Item 4 - 33
6/21/2021 Central Communications
0003. Jun 20 06:08 PM PDT PAGE: ESCALATION CLEARED
httos://oortal.centralcomm.com/pot1al/mobileJhome.xhtml 212
Item 4 - 34
Vacation Rental Code Compliance
Officer Event Report
Date
Monday, June 21, 2021
Monday, June 21, 2021
Date of the Evant
Sunday, June 20, 2021
Time
12:40AM
TYPE OF REPORT
VACATION RENTAL ENFORCEMENT
Tlma arrived at the property: Time racalved the complaint from the Hotline: 6:x, PM6:05PM
Property Address
2825 E Verona Rd. 92262
Is this a registered vacation rental?
Yes
Is this a unit In a Condominium complex?
No
Is this report ba•d on a proactive finding, a
lead from the community or response to a call
Into the hotline?
Vacation Rental Hotline
Type of a Complaint Reported: (You may select
mora than one)
Music coming from the property
Please Input dB levels. It's recommended to
Was there a Contract Summary on file for this take a reading every two minutes
property/ guest stay?
lhletermned
Location of the noise source?
Backyard Patio
cB reading one
•�two
dB reading three
Time
0
0
0
clllevel
0
0
0
Is the person occupying the Vacation Rental
over night?
Yes
At which location on the property or off the
property ware you present when you witnessed
the violation?
Name of Parson Citation being Issued to:
Luisa Azatyan
Coda Section Violated:
Music at the property line S.25.070(g)
Type of noise source?
Speaker
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On street In front of the location
Citation Number (If appllcabla)
A6673
Total time amount witnessing th� vlolatlon:
Sminutes
Was Citation Issued?
Yes
1
Item 4 - 35
Upon An'lval found the following:
Music at the property Hne
Additional Notes:
Arrived at 1827 hrs. Upon arrival observed m.islc that was being played loudly and extending beyond the property line. Utilizing m, work Issued cellular phone I was able to pick up
Please attach 2-3 plc:luras aa needed to the song playing at the time of arrtvat.
support your findings. Pictures of the front of I made contact with the occupants and lnfonned them ofthe home with addreaa are a must along with a the complaint received and obsesvatlon made. Occupants picture of the vlolatlon If applicable understood but stated they were not lnfonned correctly of �---.-the rules; they stated they had been told music was allowed until 1 O PM. Due to the aforementioned reason the responsible renter did not want to provide ID for citation.
I reached out to local property contact and informed her of the ongoing situation. I asked if they had a copy of the responsible renters ID in the event I was not able to get it from the actual renter to Issue the citation. The local contact stated that she would be coming to the property and would also be calling the owner to see what he wanted to do with the occupants if no ID was provided.
� arrival I Inquired from local contact as to whether the occupants had been Informed of the rules regarding noise and music. The local contact stated they had been told they could not play loud music and it had to be turned off by 1 oPM. I infonned local contact that the occupants had not been Informed correctly based on what she was telling me that occupants were told.
The local property contact stated the owner wanted to talk with me via phone call. I spoke to the owner and infonned him of the complaint and observations as well as the fact that it appeared that the occupants had not been property informed of the rules. Owner stated he would reach out to the occupants and try to solved the Issue.
Upon speaking with the owner the responsible renter provided ID and citation was issued for violation of amplified music beyond the property line. Responsible renter was reminded of the correct rules and stated she understood and would C001)ly.
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Has this event been communicated to the
Local Contact for this property?
Yes
Coda CompUance Officer submitting the fonn:
Roberto De Avila
Coda Compliance Officer Email:
roberto.deavlla@palmsprtngsca.gov
Number of Code Offacers responding to the
event
1
2
Item 4 - 36
Code Officer Name #1:
Roberto De Avila
3
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ATTACHMENT 7
Item 4 - 38
September 20, 2021
Joseba Bermejo Correyero
2825 E Verona Rd
Palm Springs, CA 92262
City of Palm Springs
Department of Special Program Compliance
42S North Civic Drive • Palm Springs, C..lifomia 92262 Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9S27 • www.palmspringsca.gov
Re: Suspension of Short-Term Vacation Rental Certificate for 2825 Verona Rd., Palm Springs, CA 92262
Upon review of the recent activity at your short-term rental property at 2825 Verona Rd., Palm Springs, the City
of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. In order
to minimize the negative impact to the near-term guests visiting our City who may be currently booked at your
property, the suspension period will begin on October 11, 2021 and will end on October 11, 2023. All
advertisin1 of your property for short term rentina must cease immediately.
During the suspension period, your property may not be rented for short term stays (28 days or less) but you
may rent your property as a long term rental.
This suspension is being made in accordance with the City of Palm Springs Municipal Code Section 5.25.090(b) as
follows:
"Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation
Registration Certificate for two (2) years."
During the last 12 months, the following citations have been issued to the property
{Copies are attached):
DATE OF VIOLATION CITATION VIOLATION
NUMBER
06/20/2021 A6673 Music Audible at Property Line
09/13/2021 A6711 Music Audible at Property Line
09/13/2021 AB0352 Failure to Submit Contract Summaries.
PSMC
5.25.070(g)
5.25.070(g)
S.25.070{h)
During your suspension, Transient Occupancy Tax returns and annual renewal fees will still be due unless you
choose to complete and submit the enclosed Owner's Request to Close TOT Permit and Vacation Rental
Certificate form.
Post Office Box 2743 • Palm Springs, California 92263-2743
Item 4 - 39
You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f),
and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will be heard by the
Administrative Appeals Board In accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of
the third Administrative Citation A80352 must be addressed at this Administrative Appeals Board hearing
pursuant to the Administrative Regulation. Please also see the attached Written Notice of Appeal Form and Filing
Process information; or feel free to contact the Department of Special Program Compliance at #760-322-8382
with questions.
Should you choose to appeal this suspension, your suspension does go into effect on October 11, 2021 in
accordance with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board
hearing. Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals
Board is a violation of PSMC Section S.25.090(c).
To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable
appeal fee of $802.00 must be received by the City Clerk's office no later than October 5, 2021 and should be
addressed to:
Respectfully,
Justin Clifton
City Manager
cc: File
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
Item 4 - 40
ATTACHMENT 8
Item 4 - 41
SECTION D -VACATION RENTAL REGULATIONS
It is Owner's responsibility to understand and comply with Palm Springs Municipal Code Chapter 5.25, Vacation Rentals,
AND Palm Spring Municipal Code Chapter 3.24, Transient Occupancy Tax Regulations. Below are key requirements but
there are others. Owner, please read and initial below.
Short Term Vacation Rental property shall only be rented 32 times in any calendar year. In 3rd quarter of each year (Jul/Aug/Sep) 4 additional contracts
are allowed, for a total of 36 contracts. For the first year when a Vacation Rental Registration Certificate is in effect, the 32 contract limitation shall be
prorated based on the number of months that have elapsed prior to the issuance of the Vacation Rental Registration Certificate.
Prior to each occupancy, the Owner or Agent shall enter into a written contract with a Responsible Person 25 years of age and older; the contract shall
include all requirements of the PSMC 5.25. Owner or Agent shall ensure that a summary of each such written contract is filed as required with the
Department of Special Program Compliance prior to occupancy.
There is a 24/7 short term vacation rental hotline set up for residents to call for any concerns in regards to vacation rental properties. The Vacation
Rental Hotline number is 760-322-8383. The hotline will dispatch Department of Special Program Compliance officers to investigate hotline reported
concerns and your Local Contact Person may be contacted to assist in all such cases. Your Local Contact Person must be available at property within 30
minutes of the call.
NO outside amplified music is allowed while being rented. Indoor amplified music shall not be heard at the property line.
All home repairs inside and outside of the home including yard maintenance, pool service, general repairs and general maintenance are to occur
between hours of 8:00am and 5:00pm Monday -Friday, except in the cases of emergency repairs or events that reasonably warrant a timely response.
Walk-in level of trash service or higher is required. By submitting this Application, you authorize the City of Palm Springs to upgrade your trash service
on your behalf. If you already have walk-in service you must provide a current Palm Springs Disposal Service billing showing the walk in level of service
or higher at the time of the application.
Good Neighbor Brochure and Statement of Rules and Regulations (available online in pdf format) must be provided to the Responsible Person, signed
by all guests, and posted conspicuously in the Vacation Rental property at the front door and back door, for each occupancy. In addition, a copy of the
Registration Certificate must be posted conspicuously at the front door.
The Owner or Agent must meet the Responsible Person on the contract in person at the Vacation Rental property or the Owner's or Owner's Agent
office prior to, or within 24 hours of commencement of occupancy.
Annual training from the City's Department of Special Program Compliance is required for Owners and Agents and representatives that address the
Vacation Rental rules and regulations. Owner and any Agent or representative of Owner that is in contact with guests has viewed the educational
videos and tests on the City's website at www.psvacationrentalcompliance.com.
Transient Occupancy Tax (TOT) of 11.5% must be collected on short term stays of 28 consecutive days or less. A TOT return must be filed monthly,
even if no tax Is due. TOT returns must be physically received at the City Hall TOT desk by 6:00pm on the last working day of the month following the
close of each calendar month. Delinquency is determined by the date received, not the postmark date.
Occupancy and car limits are strictly enforced.
Number of
Bedrooms
Total Overnight
Occupants (plus 2
children 12 years of
ase or under)
Additional
DayTime
Occupants
Studio/1 2 4
2 4 4
3 6 4
4 8 4
Total Daytime
Occupancy
6
8
10
12
5 Estate Only 10 4 14
Total Vehides
Allowed
1
2
3
4
5
=t"=-====��-1-u Estate Only�1"=....-=-1 &---11-----t.---===i
I declare under the penalty of perjury that I have reviewed the requirements of the City of Palm Springs' Transient
Occupancy Tax Regulations (PSMC Chapter 3.24) and Vacation Rental Regulations (PSMC Chapter 5.25), and
understand the procedures for remitting such tax and tax form to the City of Palm Springs each month, whether I
have rentals or not, and agree to comply with all requirements of the Palm Springs Municipal Code.
Owner Name: � �b. .......................................... -�
Owner Signature Date: _,_(--_I_S--_-_7_0 __ _
6.19.19 Item 4 - 42
Antony Bryan Valle
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hello Joseba,
Antony Bryan Valle
Thursday, January 7, 2021 9:33 AM
Joseba Bermejo
Shantel Sterling
2825 E Verona Rd -Vacation Rental Information
Advisory -Short-term lodging under Stay At Home Order.pdf; Mask Flyer.pdf; TOT
Return.pdf; Calendar 2021 Delinquent Dates.pdf; PSDS Vacation Rental Letter.pdf; Good
Neighbor Brochure.pdf; December Newsletter.pdf; Vacation Rental FAQs.pdf
Your application has been fully processed and is effective 1/11/2021; your City ID # is 4559 and your TOT
permit# is 7729. Please make sure that the City ID# of 4559 is posted on all advertising in accordance with
PSMC 5.25.040 (f). Not posting the ID# on your advertising can incur a $2500.00 citation and a six month
suspension.
Attached is the link to our Contract Summary tool
https://www.palmspringsca.gov/government/departments/special-program-compliance/vacation-rentals/submit
contract-summary� you are required to begin submitting your Contract Summaries using this tool for each guest
stay prior to arrival. Providing the contract itself is not necessary and will not be accepted as a Contract
Summary. You cannot submit Contract Summaries retroactively.
In addition, I have attached a blank TOT return and a calendar for your convenience. Please save this TOT
return for future monthly filings. You may also go to
https :/ /www.palmspringsc a.gov/ government/ departments/finance-treasury/transient-occupancy-tax-tot to pay
on line. Starting in February, it is your responsibility to submit Transient Occupancy returns whether you had
rental revenue or not. You may submit "zero" returns by emailing TOTdesk@palmspringsca.gov. If you have
questions regarding the tax process, please contact the TOT Desk at 760.323.8226 or
TOT desk@palmspringsca.gov.
To sign up for our e-notification to keep informed of stakeholder meetings, newsletters and up to date
information https:/ /www.palmspringsca.go v/ government/ department s/special-program -compliance/vacation
rentals/ e-notification-sign-up.
Please be informed and proactive of the most current Covid-19 information and orders in the City of Palm Springs so you can keep your guests informed. https://www.palmspringsca.gov/govemment/covid-19-updates
Next week you will receive your TOT Tax Permit and Vacation Rental Registration Certificate. If you have
any questions, please do not hesitate to contact me directly or visit our website at http://www.palmsprings
ca.gov/ government/ departments/vacation-rentals
Please take care and stay safe!
B ryan
1 Item 4 - 43
Antony Bryan Valle I Administrative Secretary
Department of Special Program Compliance
Email: bryan.valle@palmspringsca.gov I Office: 760.322.8382 I Direct: 760.322.8323 I Fax:
760.322.8317
425 North Civic Drive, Palm Springs, CA 92262
The Department of Special Program Compliance office is currently closed to the public but we are able to assist you
by phone or email during regular business hours Monday through Thursday 8 am - 6 pm.
2 Item 4 - 44
ATTACHMENT 9
Item 4 - 45
Joseba Bermejo;
2825 E Verona Rd
Palm Springs, CA 92262
City of Palm Springs Department of Special Program Compliance 425 North Civic Drive • Palm Springs, California 92262 Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov VIA MAIL
August 4, 2021
RE: Contract Summaries for the Month of April 2021 at 2825 E Verona Rd
Dear Joseba Bermejo;,
Palm Springs Municipal Code ("PSMC") section 5.25.070(h) requires that a summary or abstract of a written
Vacation Rental contract be filed with the Department of Special Program Compliance ("Department") prior to
each separate guest stay of 28 days or less. This abstract or summary assist the Department with verifying that
the contract limitations outlined in PSMC 5.25.070(b) are followed.
A review of your file indicates that you have not submitted any contract summaries for the month of April, 2021.
It is imperative that all contract summaries for this time period be submitted to our office no later than August
26, 2021. The summaries can be uploaded to our Contract Summary tool by visiting our website
www.psvacationrentalcompliance.com and select Submit Contract Summary on the left menu column
Failure to comply with this requirement constitutes a violation of the PSMC and maybe subject to an
Administrative Citation Penalty of $2,500 and a six-month suspension of the Vacation Rental Certificate, in
accordance with PSMC section 5.25.090(d). If you have any questions, please contact our Department at
(760)322-8382.
This letter serves as a warning and any future violation found by the Department during a review or audit of
these files, pursuant to PSMC 5.25.080, will be subject to the full extent of PSMC 5.25.090(d).
Sincerely,
City of Palm Springs
Patrick Clifford
Department of Special Program Compliance Post Office Box 2743 • Palm Springs, California 92263-2743 Item 4 - 46
SubmlulonDate This C.ontract Sum11111ry Is for: CltylD#:
2021-08-23 16:40:43 New Contract Summary 4559
YR Property
Address:
YR Property
Street fg!M_:
2825 E Verona Rd
TOT#: PalmSprlnp
Nellhborllood:
7729 Gene Autry
Bedroo Flnt Name Last Name rn_ 3 Joseba Bermejo
Arrival Date: Departure Date:
04-25--2021 04-21>-2021
C.ontract
ffl,_111_berfor
12
C.ontract
Year:
2021
C.ontract Summary ID Number
3 0056716
Item 4 - 47
ATTACHMENT 10
Item 4 - 48
June,2021
DEPARTMEN T OF SPECIAL PROGRAM
COMPLIANCE
Vacation Rental and Homeshare Monthly Newsletter
In this issue:
♦ Contract Summaries
Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for
the newsletter is to continue communication with stakeholders on topics of general
concern on and between the months of the Quarterly Stakeholder Meeting.
•Covicl-19 Upcbte Future Stakeholder Meeting:
♦Tourism Business
Improvement District
•August 10, 2021--5:00 p.m. via Zoom. Call-in information will be posted to the
Vacation Rental website when available.
If you have topics that you would like to see discussed, please email
vacation.rentals@palmspringsca.gov
Contract Summaries
Contract Summaries are required to
be submitted prior to occupancy for
Vacation Rental Properties
(excluding Homeshares)
Q: What are Contract Summaries?
A: Contract Summaries are a
summary of the rental contract for
stays 28 days or less.
This enables the Department of
Special Program Compli ance to
monitor contract count limitations
as defined in the municipal code
'------'=--==S.25.070(b)
The contract submittal tool is
located on our website. Submit
Contract Summary
The contract submittal tool will not
allow submissions retro actively • All
summaries must be submitted prior
to occup ancy.
Covid-19 Update
As of June 15, 2021, the Governor
terminated the executive orders that put
into place the Stay Home Order and the
Blueprint for a Safer Economy. He also
phased out the vast majority of
executive actions put in place since
March 2020 as part of the pandemic
response, leaving a subset of provisions
that facilitate the ongoing recovery.
The new public health order effective
June 15 supersedes all prior health
orders. The order has limited
restrictions, only related to masking and
mega-events, as well as settings serving
children and youth pending an expected
update to the K-12 schools guidance by
the Centers for Disease Control and
Prevention.
Restrictions that ended on
June 15 include:
•Physical distancing
•Capacity limits on businesses
•County tier system
Tourism Business
Improvement District
(TBID)
Starting July 1, 2021, Vacation
Rental and Ho m eshare lodgings
will begin paying the 1% TBID
assessment on short term stays of
27 days or less.
The Greater Palm Springs
Convention & Visitors Bureau
(CVB) has further information on
their website:
https://
www.visitgr_eateroal msorings.co
m/2020-tbid/
Although the 1% TBID will be paid
at the same time as your monthly
TOT payments, TBID money is a
separate item that will be
directed to the CVB.
The Department of Special Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 4 - 49
July, 2021
DEPARTMENT OF SPECIAL PROGRAM
COMPLIANCE
Vacation Rental and Homeshare Monthly Newsletter
In this issue:
+Contract Summaries
Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for
the newsletter is to continue communication with stakeholders on topics of general
concern on and between the months of the Quarterly Stakeholder Meeting.
♦ Meet and Greet Future Stakeholder Meeting: UPDATED
♦ Tourism Business
Improvement District
•September 1, 2021 at 5:00 p.m. via Zoom. Call-in information will be posted to
the Vacation Rental website when available.
If you have topics that you would like to see discussed, please email
vacation.rentals@palmspringsca.gov
Contract Summaries
Contract Summaries are required to
be submitted prior to occupancy for
Vacation Rental Properties
(excluding Homeshares)
Q: What are Contract Summaries?
A: Contract Summaries are a
summary of the rental contract for
stays 28 days or less.
The contract submittal tool is
located on our website. Submit
Contract Summary
Failure to comply with this
requirement constitutes a violation
of the PSMC and is subject to an
Administrative Citation Penalty of
$2,500 and a six-month suspension
of the Vacation Rental Certificate, in
accordance with PSMC section
S.25.090(d).
Meet and Greet Update
The virtual check-in process, permitted
only during the COVID emergency, has
ended.
The City of Palm Springs has resumed
in-person meet and greets pursuant to
PSMC 5.25.070(m). ''The Owner or the
Owner's agent or representative shall
meet the Responsible Party in person
at the Vacation Rental or the Owner's
or Owner's agent's office prior to, or
within twenty-four (24) hours of, the
commencement of the occupancy and
verbally explain and describe all rules
and regulations-applicable to the use
of the property as a Vacation Rental
and the responsibilities of the
Responsible Party to the neighbors
and the City as well as the Owner. The
Owner shall secure the signature of
the Responsible Party and all adult
guests to a statement of rules and
regulations ... "
Tourism Business
Improvement District
(TBID)
On July 1, 2021, Vacation Rental
and Homeshare lodgings began
paying the 1% TBID assessment
on short term stays of 27 days or
less.
The Greater Palm Springs
Convention & Visitors Bureau
(CVB) has further information on
their website:
https:ll
www.visitgreaterpalmsprings.co
m/2020-tbid/
Although the 1% TBID will be paid
at the same time as your monthly
TOT payments, TBID money is a
separate item that will be
directed to the CVB.
The Department of Special Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 4 - 50
August, 2021
DEPARTMENT OF SPECIAL PROGRAM
COMPLIANCE
Vacation Rental and Homeshare Monthly Newsletter
In this issue:
• Contract Summaries
Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for
the newsletter is to continue communication with stakeholders on topics of general
concern on and between the months of the Quarterly Stakeholder Meeting.
♦ Home Repairs Future Stakeholder Meeting: POSTPONED
♦ Tourism Business
Improvement District
•SepteFRber 1, 2021 at §:QQ p,Rl, :tJia 2eeFR, Call iA inferFRatien •1Jill he pesleEt te
the Vacatien Rental V1'ebsite vJhen a•Jailable.
If you have topics that you would like to see discussed, please email
vacation.rentals@palmspringsca.gov
Contract Summaries
Contract Summaries are required to
be submitted prior to occupancy for
Vacation Rental Properties
(excluding Homeshares)
Q: What are Contract Summaries?
A: Contract Summaries are a
summary of the rental contract for
stays 28 days or less.
The contract submittal tool is
located on our website. Submit
Contract Summary
Failure to comply with this
requirement constitutes a violation
of the PSMC and is subject to an
Admin istrative Citation Pen alty of
$2,500 and a six-month suspension
of the Vacation Rental Certificate, in
accordance with PSMC section
S.25.090(d).
Home Repairs at a
Vacation Rental
All home repairs (external and
internal), garden and yard
maintenance, and pool cleaning
and maintenance shall not be
performed between the hours of
5:00 pm on Friday through 8:00
am on Monday, except in the
case of an emergency or the
occurrence of an unexpected
event that reasonably warrants a
timely or immediate response.
Re1>airs and maintenance -shaU
not be scheduled in advance to
occur during the days and time
specified in this subsection.
Tourism Business
Improvement District
(TBID)
On July 1, 2021, Vacation Rental
and Homeshare lodgings began
paying the 1% TBID assessment
on short term stays of 27 days or
less.
The Greater Palm Springs
Convention & Visitors Bureau
(CVB) has further information on
their website:
https://
www.v1sitgfeaterpalmsprings.co
m/2020-tbid/
Although the 1% TBID will be paid
at the same time as your monthly
TOT payments, TBID money is a
separate item that will be
directed to the CVB.
The Department of Special Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 4 - 51