HomeMy WebLinkAboutItem 3 - Desert LuxuryADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: February 23, 2022
SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION AB0351 AND
ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE
PROPERTY LOCATED AT 2267 N. JANIS DR., PALM SPRINGS,
CALIFORNIA.
BY: Department of Special Program Compliance
SUMMARY
2267 N Janis Dr LLC has requested an appeal of administrative citation AB0351 issued
in the amount of $2,500 and two (2) year suspension of the Vacation Rental
Registration Certificate #1561 for the property located at 2267 N. Janis Dr., 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 2267 N JANIS DR LLC FOR THE PROPERTY LOCATED AT 2267
N.JANIS DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0351 ISSUED IN THE AMOUNT OF $2,500 AND THE TWO-YEAR
SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #1561.
THIS PORTION OF PAGE BLANK
Item 3 - 1
Administrative Appeals Board Staff Report
February 23, 2022-- Page 2
Vacation Rental Appeal – 2267 N. Janis Dr. Palm Springs
STAFF ANALYSIS
On September 11, 2021 at 4:41 pm, the City of Palm Springs Police Department
received a call for the property located at 2267 N. Janis Dr., Palm Springs regarding a
complaint stating, “Loud Partyf”. Code Officers Nabhan and De Avila arrived at 5:24 pm
and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) where
music was audible at the property line of the Vacation Rental located at 2267 N. Janis
Dr. Code Officers Nabhan and De Avila contacted the occupants, discussed the findings
and violation. The Responsible Person refused to provide identification and the Code
Officers advised they would contact the property management to obtain a copy and the
citation would be mailed. Code Officer Nabhan completed the officer report and is
included as ATTACHMENT 4.
Prior to responding to the complaint for loud music that was received via the vacation
rental hotline on September 11, 2021 Code Officer Nabhan conducted a search and found
that there was no contract summary submitted by the property owner or their authorized
agent. A second more detailed check for a submitted contract summary was conducted
by Code Officer Nabhan at the office after completing the response to the hotline call. It
was found that there was no contract summary on file for the current guest stay. As a
result, Code Officer Nabhan issued citation AB0351 for violation of PSMC 5.25.070(h)
Failure to submit s Contract Summary prior to guest occupancy to the property owner,
2267 N Janis Dr LLC. This citation was reviewed by the Department of Special Program
Compliance and issued on September 13, 2021. ATTACHMENT 5
On September 11, 2021 at 8:00 pm, the City of Palm Springs Code Compliance
responded to the property 2267 N. Janis Dr., Palm Springs regarding complaint called
into the City of Palm Springs Police Department regarding music, Code Officer Wade
observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) where music
was audible at the property line of the Vacation Rental located at 2267 N. Janis Dr. Code
Officer Wade contacted the occupants, discussed the findings and violation, and issued
citation A6858 to Lynsey Davar. Code Officer Wade completed the officer report and is
included as 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
Item 3 - 2
Administrative Appeals Board Staff Report
February 23, 2022-- Page 3
Vacation Rental Appeal – 2267 N. Janis Dr. Palm Springs
DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC
09/11/2021 A6709 Music Audible at Property Line 5.25.070(g)
09/11/2021 A6858 Music Audible at Property Line 5.25.070(g)
09/13/2021 AB0351 Failure to Submit Contract Summaries 5.25.070(h)
Citation History Background
Third Citation
Administrative citation AB0351 was issued on September 13, 2021. The citation was
issued to the owner for a violation 5.25.070(h) that occurred on September 3, 2021;
Failure to submit a Contract Summary. 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 5.
Second Citation
Administrative citation A6588 was issued on September 11, 2021. The citation was issued
to a guest for violation of 5.25.070(g) that occurred September 11, 2021; Music audible
at property line. The Code Enforcement Officer report is attached as ATTACHMENT 6.
The citation was paid in full.
First Citation
Administrative Citation A6709 was issued on September 11, 2021. The citation was
issued to a guest for violation of 5.25.070(g) that occurred on September 11, 2021; Music
audible at property line. The Code Enforcement Officer report is attached as
ATTACHMENT 4. This citation has been paid in full.
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 11.74.043, 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) “…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…”
Item 3 - 3
Administrative Appeals Board Staff Report
February 23, 2022-- Page 4
Vacation Rental Appeal – 2267 N. Janis Dr. Palm Springs
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.”
THIS PORTION OF PAGE BLANK
Item 3 - 4
Administrative Appeals Board Staff Report
February 23, 2022-- Page 5
Vacation Rental Appeal – 2267 N. Janis Dr. Palm Springs
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Administrative Citation A6709 and officer report 4
Administrative Citation AB0351 and officer report 5
Administrative Citation A6858 and officer report 6
2267 N. Janis Dr. suspension letter 7
Application acknowledgement regarding contract summaries 8
Contract Summaries received by the City for arrival dates 9/3/21 9
Item 3 - 5
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF 2267 N JANIS DR LLC FOR THE
PROPERTY LOCATED AT 2267 N. JANIS DR., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0351 ISSUED IN THE AMOUNT OF $2,500
AND THE TWO-YEAR SUSPENSION OF VACATION
RENTAL REGISTRATION CERTIFCATE #1561
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 2267 N. Janis
Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on September 11,
2021 and issued administrative citation A6709; and
WHEREAS, the City investigated in detail and found the property 2267 N. Janis
Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on September 11,
2021 and issued administrative citation A6858; and
WHEREAS, the City investigated in detail and found the property 2267 N. Janis
Dr.., Palm Springs, to be in violation pursuant to Section 5.25.070 (h) on September 11,
2021 and issued administrative citation AB0351 on September 13, 2021; 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 2267 N Janis Dr LLC was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 2267 N. Janis Dr., Palm Springs, on
September 20, 2021 with an effective suspension date of October 11, 2021, and
WHEREAS, 2267 N Janis Dr LLC for the property located at 2267 N. Janis Dr.,
Palm Springs, filed an administrative appeal of the suspension 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
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 23, 2022; and
Item 3 - 6
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on September 11, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
2267 N Janis Dr LLC 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 February 22,
2022;
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 5.25.090(b).
The Administrative Appeals Board upholds administrative citation AB0351 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 2267 N. Janis Dr., Palm Springs.
The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board overturns administrative citation AB0351 and
the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 2267 N. Janis Dr., Palm Springs.
THIS PORTION OF PAGE BLANK
Item 3 - 7
Resolution ____
Page 3
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.
MIKE PAONESSA
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
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 .
ANTHONY J. MEJIA, MMC
City Clerk
Item 3 - 8