HomeMy WebLinkAboutItem 5 - PoladyanADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: February 23, 2022
SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO
VAGAN POLADYAN FOR THE PROPERTY LOCATED AT 1951 S. ARABY
DR., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Vagan Poladyan has requested an appeal of (1) the 6-month suspension of the Vacation
Rental Registration Certificate and the administrative fine of $2500.00 for failure to submit
contract summaries to the Enforcement Official for the property located at 1951 S. Araby
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 VAGAN POLADYAN FOR THE PROPERTY LOCATED AT 1951 S.
ARABY DR., PALM SPRINGS REGARDING ADMINISTRATIVE CITATION
AB0355 ISSUED IN THE AMOUNT OF $2,500 AND THE ADMINISTATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICAT E
THIS PORTION OF PAGE BLANK
Item 5 - 1
Administrative Appeals Board Staff Report
February 23, 2022 -Page 2
Vacation Rental Appeal -1951 S. Araby Dr., Palm Springs
STAFF ANALYSIS:
The owner for the property located at 1951 S. Araby Dr. was issued administrative citation
AB0355 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 5.25.0?0(b).
On October 2, 2021 at 1 :02 PM, a Code Compliance Officer was dispatched to property
1951 S. Araby Dr. It was determined that there were Vacation Rental guests at the
property and that a Contract Summary was not filed with the Enforcement Official.
ATTACHMENT 4.
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 6.
The City provided newsletters discussing Contract Summaries. ATTACHMENT 7.
The Department of Special Program Compliance determined after reviewing the notes
from the Code Compliance Officer that the property was rented for short-term use and no
contract summaries had been submitted for the guest stay.
Staff finds that based on the information received and reviewed, that short-term vacation
rental use at the property 1951 S. Araby Dr. occurred and Contract Summaries were not
submitted as required prior to a guest stay of 28-days or less and proceeded to issue
administrative citation number AB0355 in the amount of $2,500.00 to Vagan Poladyan,
the owner on title, for failure to file contract summaries to the Enforcement Official prior
to occupancy of the Vacation Rental. The Administrative Citation was mailed by staff to
the mailing address located on the title report.
Accordingly, the City Manager has issued a suspension of the Vacation Rental
Registration Certificate #2609 per Palm Springs Municipal Code 5.25.090 (d)
ATTACHMENT 5
Item 5 - 2
Administrative Appeals Board Staff Report
February 23, 2022 -Page 3
Vacation Rental Appeal -1951 S. Araby Dr., Palm Springs
The following Palm Springs Municipal Code Sections are applicable to this matter:
The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows:
"Vacation Rental" means a single-family dwelling, or any portion thereof,
utilized for occupancy for dwelling, lodging, or sleeping purposes without
the Owner being present for a period of twenty-eight (28) consecutive days
or less, ... "
Palm Springs Municipal Code §5.25.0?0(h) reads as follows:
"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
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(d) reads as follows in regards to the
administrative fines:
"Any person who advertises a Vacation Rental without including the
Vacation Registration Certificate in any advertising for such Vacation
Rental, or operates a Vacation Rental without a contract, or without
providing the City with a summary or abstract of such contract, or
without timely tendering full monthly payments of transient occupancy tax,
shall pay a fine in the amount of Two Thousand, Five Hundred Dollars
($2,500.00) and the Owner's Vacation Registration Certificate shall be
suspended for six (6) months for a first offense and shall pay a fine in the
Item 5 - 3
Administrative Appeals Board Staff Report
February 23 , 2022 -Page 4
Vacation Rental Appeal-1951 S. Araby Dr ., Palm Springs
amount of Five Thousand Dollars ($5,000.00) and the Owner's Vacation
Registration Certificate shall be revoked for a second offense . Any
subsequent violations will be subject to the provisions of Subsection (c) of
this Section ".
\~ ~ F>triCk Clifford
Executive Program Administrator
Attachments :
Resolution no . Decision of the Administrative Appeals Board 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Code Officer Event Report 4
Suspension Letter ; Administrative Citation AB0355 5
Application Documents 6
Vacation Rental Newsletters 7
Contract Summary Review 8
October 2, 2021
Item 5 - 4
ATTACHMENT 1
Item 5 - 5
RESOLUTION NO.
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF VAGAN POLADYAN FOR THE
PROPERTY 1921 S. ARBY DR., REGARDING
ADMINISTRATIVE CITATION AB0355 ISSUED IN THE
AMOUNT OF $2,500 AND THE ADMINISTATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, Vagan Poladyan did not file Contract Summaries for occupancies 28
days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, "Vacation Rental" means a single-family dwelling, or any portion
thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or less; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 1921 S. Araby Dr., hosted guests for a period of twenty-eight (28) consecutive
days or less; and
WHEREAS, Administrative Citation No. AB0355 failure to file Contract
Summaries was issued on October 2, 2021 to Vagan Poladyan for the property located
at 1921 S. Araby Dr., Palm Springs; and
WHEREAS, The Department of Special Program Compliance issued a letter of
suspension for the property located at 1921 S. Araby Dr., for a suspension period for
six-months effective November 1, 2021; and
WHEREAS, Vagan Poladyan filed an administrative appeal of the Administrative
Citation No. AB0355 for failure to file Contract Summaries prior to occupancies for the
property 1921 S. Araby Dr., Palm Springs to the Enforcement Official with the City Clerk
and paid the appeal fee; and
Item 5 - 6
Resolution
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 23, 2022; and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Vagan Poladyan violated Section 5.25.070 (h) 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 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 5.25.0?0(h).
The Administrative Appeals Board upholds the administrative decision of a six
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Vagan Poladyan for the property located at
1921 S. Araby Dr., Palm Springs
D The Appellant is not in violation of Palm Springs Municipal Code 5.25.0?0(h).
The Administrative Appeals Board overturns the administrative decision of a six
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Vagan Poladyan for the property located at
1921 S. Araby Dr., Palm Springs
THIS PORTION OF PAGE BLANK
Item 5 - 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.
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
Michael Paonessa
Chair
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Resolution No. __ is a full, true and correct copy, and was duly adopted at a
meeting of the Administrative Appeals Board of the City of Palm Springs
on the __ day of ______ , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
ANTHONY J. MEJIA, MMC
City Clerk
Item 5 - 8
ATTACHMENT 2
Item 5 - 9
NOTICE OF ADMINISTRATIVE HEARING
CITY OF PALM SPRINGS, CALIFORNIA
TO: Vagan Poladyan
BEFORE THE
ADMINISTRATIVE APPEALS BOARD
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 1951 S. Araby Dr. Palm Springs, CA
Hearing Date: Wednesday, February 23, 2022
Hearing Time: 5:30 p.m.
Location: Zoom Meeting: https://us02web.zoom.us/j/85863440229 or
Call (669) 900-6833, Zoom Meeting 858 6344 0229
The Administrative Appeals Board requests that if you have supplemental documentation/evidence,
that you provide such documentation 24-hours in advance of the hearing. You may submit your
documentation in person or via email at CityClerk@palmspringsca.gov. Documentation submitted at
the meeting will be accepted; however, if the Board does not think it has adequate time to review your
documentation, your appeal hearing may be continued to a future meeting.
A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in
advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at
CityClerk@palmspringsca.gov.
State of California ) County of Riverside )ss. City of Palm Springs )
AFFIDAVIT OF MAILING
I, ANTHONY J. MEJIA, 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 February 02, 2022, postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoJ::� nthonyJ� City Clerk
Item 5 - 10
NOTIFICACION DE AUDIENCIA ADMINISTRATIVA
CIUDAD DE PALM SPRINGS, CALIFORNIA
ANTE LA
JUNTA ADMINISTRATIVA DE APELACION
PARA: Vagan Poladyan --
POR LA PRESENTE SE NOTIFICA, de acuerdo con el Codigo Municipal de Palm Springs
§2.50.080(d), de la Audiencia de Apelacion ante la Junta de Apelaciones Administrativas, sobre la
decision del Departamento de Cumplimiento de Programas Especiales, Violacion del Codigo
Municipal de Palm Springs 5.25, con respecto a las operaciones de alquileres vacacionales
localizadas en, 1951 S. Araby Dr. Palm Springs, CA
Fecha de la Audiencia: Febrero, de 23, enero de 2022
Hora de la Audiencia: 5:30 p.m.
Lugar: Reunion por Zoom:https://us02web.zoom.us/j/85863440229 or
Call (669) 900-6833, Zoom Meeting ID 858 6344 0229
La Junta Administrativa de Apelacion solicita que si usted tiene documentacion/pruebas
complementarias, que proporcione dicha documentacion 24 horas antes de la audiencia. Puede
presentar su documentacion en persona o por correo electronico en CityClerk@palmspringsca.gov. La
documentacion 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 disposicion un interprete bilingue y/o de Lenguaje Americana de Sefias, sin costo alguno,
si se solicita al menos 48 horas antes de la audiencia. Por favor, pongase en contacto con la Oficina
del Secretario Municipal al (760) 323-8204 o por correo electronico a CityClerk@palmspringsca.gov.
Estado de California
Condado de Riverside ) ss.
Ciudad de Palm Springs)
DECLARACION JURADA POR CORREO
Yo, ANTHONY J. MEJIA, Secretario Municipal de Palm Springs, California, 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, 02 de Febrero de 2022, con franqueo
prepago y depositandolo en el correo de los EE.LIU. en Palm Springs, California.
Declare bajo pena de perjurio que lo anterior es cierto y correcto.
Item 5 - 11
ATTACHMENT 3
Item 5 - 12
RECEIVED City of Palm Springs CITY OF PALH SPRINGSOffice of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CAiji�Q�T 25 Af1 IQ: 53TEL: (760) 323-8 204 I FAX: (76 0) 323-B*rcE OF THE CITY ;,''·WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CLE.··
CERTIFICATE SUSPENSION, REVOCATION OR DENIAL
AVISO ESCRITO DE FORMULARIO DE APELACICJN PARA SUSPENSl6N REVOCACICJN O NEGACl6N
DEL CERTIFICADO DE ALQUILER DE VACACIONES
If you have received a Suspension, Revocation or Denial Notice of a Vacation Rental Registration Certificate from the City
of Palm Springs Vacation Rental Compliance Department, please use this form to request an appeal. You must include
payment of the appeal fee with this form. I Si recibi6 un aviso de suspension revocaci6n o denegaci6n de un certificado
de registro de alquiler vacacional del Departamento de cumplimiento de alquileres vacacionales de la ciudad de Palm
Springs, utilice este formulario para solicitor una apealaci6n. Debe incluir el pogo de la tarifa de apelacion con este
formulario.
APPELLA NT INFORMATION/ INFORMACION DEL APLICANTE
ADDRESS I D1RECCI N
CITY/ CIUOAD STA TE/ EST ADO ZIP/CODIGO POSTAL fAX/EL FAX
ADMINISTRATIVE APPEALS BOARD HEARING REQUEST/ SOLICITUD DE AUDIENCIA DE
LA JUNTA DE APELACIONES ADMINISTRATIVAS
10/2-/2-1
lb/2-/2-1
VACATION PROPERTY ADDRESS, IF APPLICABLE/ DIRECCION OE PROPIEDAD VACACIONAL, SI ES APLICABLE
3IPage This completed form must be sent to:
City of Palm Springs: Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
Item 5 - 13
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
TEL: (760) 323-8204 I FAX: (760) 323-8332
WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL
CERTIFICATE SUS PENSION, REVOCATION OR DENIAL
PLEASE COMPLETE THE FOLLOWING QUESTIONS/ POR FAVOR COMPLETE LAS
SIGU IENTES PREGUNTAS:
ATTACH ADDIONAL SHEETS, AS NECESSARY. PLEASE BE DETAILED; YOU MAY ALSO PRESENT FACTS AND EVIDENCE AT THE TIME OF YOUR APPEAL HEARING./ ADJUNTE HOJAS ADICIONALES, COMO NEC ESARIO. POR FAVOR DETALLADO; TAMBIEN PUEDE PRESENTAR HECHOS Y PRUEBAS AL MOMENTO DE SU AUDIENCIA DE APELACION.
1.State the specific action being appealed/ lndique la acci6n especifica 9ue se esta apelando.(,,\)(> 0� �pea..tihj -fl,\.( '5USpen�it)n I CS\.c�cf c..-f-t.cr our
yg-�-
vlnf<:tlun&t'kl'j , -V,,i.s vv.ers our-VC'"'3 'tii-.t-Q>t\>4'rLU>c.c..
rent,� (M\ 1 tm-4 � f)tn (ty/-b plblole t)-ti
Item 5 - 14
ATTACHMENT 4
Item 5 - 15
Saturday, October 2, 2021
Supplemental Report -Vacation
Rental Code Compliance Officer
Event Report
Time
3:44PM
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:
211002125345
Property Address
1951 S Araby Dr
92264
Suppliemental Information:
Received a call regarding loud occupants and
music at location. Ultimately a citation for Music
Amplified Beyond the Property line was issued.
Upon returning back to the station I tried to locate
a contract summary submission for the occupants
stay. I was unable to locate a contruct summary
under the Owner/Operator submissions or the
Agency submission. Citation AB0355 issued to the
owner of the property for failing to submit a
contract summary.
Code Compliance Officer submitting the form:
Dustin Wade
Code Compliance Officer Email:
dustin.wade@palmspringsca.gov
Item 5 - 16
Vacation Rental Code Compliance
Officer Event Report
Date Saturday, October 2, 2021 Saturday, October 2, 2021
Date of the Event Saturdai October 2. 2021
Time 2:45PM
TYPE OF REPORT
VACATION RENTAL ENFORCEM!Nr
lime arrived at the property:Time received the complaint from the Hotline: ,:20 PM 1:02PM
Property Address
1951 S Araby Dr 92264
Is 1his a registered vacation rental? Yes
Is this a unit in a Condominium complex?
No
Was there a Contract Summary on file for thisproperty/ guest stay?
No
Location of the noise source? Backyan::I Patio i .
I I
I � I . th ,, . R Is uae person occupymg e vacation enta overnight?
N�-I
Name of Person Citation being issued to: Beatriz Pinedaruiz
Code Section Violated: Music at the property line 525.070(g)
Is this report based on a proactive finding, a lead from the community or response to a callinto the hotline?
Vacation Rental Hotline
Type of a Complaint Reported: (You may select more then one)
Music coming from the property
Occupants being loud
Please input dB levels. Its recommended tolake a reading every two minutes
dB reading one
dB reading two dB reading three
Tme
1328
1330 1332
dB level
50.1
54.3 50.8
At which location on the property or off the property were you present when you witnessedthe violation? -neighboring property
Citation Number (if applicable)
A6861
Total time amount witnessing the violation:
10minutes Item 5 - 17
Type of noise source?
Speaker
Upon Arrival found the following:
Music at the property line
Please attach 2-3 pictures as needed to
support your findings. Pictures of the front of
the home with address are a must along with a
picture of the violation if applicable
Was Citation issued?
Yes
Additional Notes:
Amved at the property at 1328 and observed the property
from the street to the North of the location. A clear violation
for Music An'l>lified Beyond the Property Line was observed.
I used my department issued cell phone and the app,
�songbeingplayedas
----I contacted the occupants and
responsible renter. Beatriz, and advised them of the
c011'4>1aint and my observations. Occupants stated they
thought they coukt have rrusic playing until 1 OPM and that it
was never clearly explained to them. Citation issued for
Music Anl>lified Beyond the Property Line. Contacted LC for
the property and advised them of the complaint and my
observations as well as the issuance of a citation. Followed
up with RP and advised of my findings as well.
Has 1his event been communicated to the
Local Contact for 1his property?
Yes
Code Compliance Officer submitting the form:
Dustin Wade
Code Compliance Officer Email:
dustin.wade@palmspringsca.gov
Number of Code Officers responding to the
event
1
Code Officer Name #1:
Dustin Wade
Item 5 - 18
Item 5 - 19
ATTACHMENT 5
Item 5 - 20
I'
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• CllY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation
DATE . DAY OF WEEK
1 D/02/2021 Saturda
�OCATION OF VIOLATIONll.951 S Araby Dr
I �Agent
□PropertyOwner
_□other
NAME (First, Middle, Last): Vagan Poladyan
AB0355
TIME AM
3:40 PM PM
OLorlD
IAODRE5S
1951 S Araby Dr
CITY
Palm Springs
STATE
CA
zip 92264
You are being issued an Administrative Citation for the following Code
provi&lon(s).
Count PSMC Desaiption
1. 5.25.090 {d) FAIWRETO SUBMIT A CONTRACT SUMMARY
COMPLIANCE ORDER
You are ordered ID correct or ottlerwise remedy this/these violations
by; 16 CALENDAR DAYS FROM MAILING DATE OF CITATION.
You an, furtller ordered to pay an Administrative Fine as prescribed in the selledule below for each count fisted above. Payment must be paid in full by the compliance date to avoid additional penalties. The total CITATION
ADMINISTRATNE FINE SCHEDULE
□First violation -Operating without a Vacation Registration Certific ate: $5000. 00 and pennanent ineligibility to operate
□Se_cond violation -Operating without a vacation Registratio
Certificate: $10,000.00
First violation -Advertising without posting TOT/City ID number;
operating without a contract; failure to provide contract summary;
failure to pay TOT timely: $2500.00 and 6 month suspension
□Second violation -Advertising without posting TOT/City number;
operating without a contract; failure to provide contr act summary;
failure to pay TOT timely: $5,000.00 and revocation
other/Description:
10/02/21
Date of lssuence
Type of SelVice
c Personal
o Mail
COPY TO PROPERTY OWNER/AGENT; PROCESSING; FILE
Item 5 - 21
CITY OF PALM SPRINGS
DEPARTMENT OF SPB:IALPROGRAM COMPLIANCE
ADMINISTRATIVE CITATION
IMPORTANT INFORMATION -PLEASE READ
COMPLETELY AND CAREFULLY
You have been 1SSued 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 TO PAY THE FINE
The amount of fine is indicated on the front of the Admin istrative Citation
The fine must be paid within fifteen C15l calendar days from the date the
citation is mailed. Payment can be made by crediUdebit card on-line at
www.CitationProcessingCenter.com or by calling 1-800-96�158.
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 chedc/money order. and mail it to the address below 1QQ
NOT Nfld your payment to the City of Palm Sprln91 Offices.I
City of Palm Springs Administrative Citation Program
PO. 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 C15l calendar davs 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 Cleril no later than
fifteen (15) calendar days from the date the citation is mailed. PAYMENT
OF THE ADMINISTRATIVE FINE MUST BE SENT TO THE CITY'S
CITATION PROCESSING CENTER IN NEWPORT BEACH SPECIFIED
ABOVE. THE APPEAL FEE AND REQUEST FOR APPEAL FORM
MUST BE SENT TO THE PALM SPRINGS OFFICE OF THE CITY
CLERK. For questions, please see the City website listed above or
contact the City of Palm Springs Vacation Rental Compliance
Department
FAILURE TO ANSWER OR PAY PENALTY FOR VIOLATION(Sl
Failure to pay the penalty or contnt the citation within fifteen (15)
calendar days may result in additional administrati ve fines and
the recordation 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 Municipal Code Violations. Fines are
cumulative and citations may be issued each day the violation exists.
Each and every day a violation is unaddressed constitutes a separate
and distinct offense and shall be sut>;ect to citation.
Additional Enforcement Officer Notes:
Item 5 - 22
.. ·•·
.. · -�,-··· ... .... · �. . �ll;l� \ {����-}: '.�,' ' ... \: •, ' ..... ·· ···· ......... � ..... •···
October 7, 2021
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 Re: Suspension of Short-Term Vacation Rental Registration Certificate for 1951 S. Araby Dr., Palm Springs, CA
92264.
Upon review of the recent activity at your short-term rental property located at 1951 S. Araby Dr .• the City of
Palm Springs is hereby suspending your Vacation Rental Registration Certificate for a period of six (6) months. In
order to minimize the negative impact to any near-term guests visiting our City who may already be currently
booked at your property, the suspension period will begin on November 1, 2021 and will end on May 1, 2022.
All advertising of your property for short term rentals must � immediately.
During the suspension period, your property may not be rented for short term stays (28 days or fewer) but you
may rent your property as a long-term rental. 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
This suspension is issued in accordance with the City of Palm Springs Municipal Code (PSMC) Section 5.25.090(d)
as follows:
"(d) Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any
advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the
City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient
occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00} and the Owner's
Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in
the amount of Five Thousand Dollars ($5,000.00) and the Owner's Vacation Registration Certificate shall be
revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this
Section.
You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(1).
Your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal
Code, Chapter 2.50. 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 November 1, 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 5.25.090(c). Post Office Box 2743 • Palm Springs, California 92263-2743 Item 5 - 23
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 22, 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 5 - 24
ATTACHMENT 6
Item 5 - 25
VACATIOi✓ RENTAL REGULAT!ONS
'c.�'_Jp, ,, Ta,_!
Owner, ; ;1',_;,c read and 1n1t10! below
Short Tenn Vacation Rental property shall only be rented 32 times In any calendar year. In 3"' quarter of each year (JuVAul/Sep) 4 addltlonal con�cts
are allowed, for a total of 36 contracts. For the first year when a Vacation Rental Registration Certificate Is In effect, the 32 contract Imitation shall be
prorated based on the number of months that have elapsed prior to the issuance of the Vacation Rental Regi�ion Certificate.
Prior to each occupancy, the Owner or A&ent shafl enter into a written contract with a Responsible Person 25 years of 11e 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 Proeram 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 wHI dispatch Department of Special P,osram Compliance officers to investlpte hotline reported
concems 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 emer1ency repairs or events that rl!llsonably warrant a timely response.
Walk-in level of trash semce or hlcher Is required. By submittin1 this Application, you authorize the City of Palm Spri1115 to upgrade your tnsh service
on your behalf. If you already have walk-in servia! you must provide a current Palm Sprlncs Disposal Service billing showins the walk in level of service
or higher at the time of the application.
Good Neighbor Brochure and Statement of Rules and Rqulations (available online in pdf format) must be provided to the Responsible Person, silned
by all 1uests, and posted conspicuously In the Vacation Rental property at the front door and back door, for each occupancy. In addition, a copy of the
Re1istrati0n Certificate must be posted conspicuously at the front door.
The Owner or Aaent 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 Proaram Compliance is required for Owners and A&ents and representatives that address the
Vacation Rent11I rules 11nd regulations. Owner and any A&ent or representative of Owner that is in contact with 1uests has viewed the educational
videos and tests on the City's website at www.psvilCltlonrentalcompliance.com.
Transient Occupancy Tax (TOT) of 11.5" must be collected on short term stays of 28 consecutive days or less. A TOT retum must be flied monthly,
eyen If no tf• is due . TOT returns must be physically receiwd at the City Hall TOT desk by 6:00pm on the last worklnt day of the month followlnc the
close of each calendar month. Delinquency is determined by the date receiwd, not the postmark date.
Occupancy and car limits are strictly enforced.
Number of
Bedrooms
Studlo/1
2
3
4
4
6
8
Additional
DayTlme
Occupants
4
4
4
4
Total Daytime
Occupancy
6
8
10
12
Total Vehicles
Allowed
1
2
3
5 Estate Only 10 4 14 5
6EstateOn U 4 16 6
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 nntals or not, and agree to comply with all requirements of the Palm Springs Municipal Code.
oft:. d.
Date: 3 ·31-:1-/
6.19,19 Item 5 - 26
Antony Bryan Valle
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hello Vagan,
Antony Bryan Valle
Tuesday, May 11, 2021 4:06 PM
Shantel Sterling
1951 S Araby Vacation Rental Information
Vacation Rental FAQs.pdf; TOT Return.pdf; Calendar 2021 Delinquent Dates.pdf;
RevisedTOTTaxabilitySchedu.pdf; Good Neighbor Brochure.pdf; Statement of Rules &
Regulations.pdf; PSDS Vacation Rental Letter.pdf; February2021VRNewsletter.pdf; April
2021 VR Newsletter.pdf
Your application has been fully processed and is effective 5/13/2021; your City ID # is 2609 and your TOT
permit# is 7830. Please make sure that the City ID# of 2609 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-surnmary; 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. Also, be aware your prorated contracts for the
2021 calendar year are 24 with four ( 4) additional contracts in the third quarter (July, August, September).
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.palmspringsca.gov/ government/departments/finance-treasury/transient-occupancy-tax-tot to pay
on line. Starting in June, 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.gov/government/departments/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
You should receive your TOT Tax Permit and Vacation Rental Registration Certificate next week via email. 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
Take care,
Bryan
1 Item 5 - 27
Antony Bryan Valle I Admin istrative Secretary
Department of Special Program Compliance
Email: bryan.valle@palmspringsca.go v 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 5 - 28
ATTACHMENT 7
Item 5 - 29
June,2021 .. ····· ...._�. ··· ...
DEPARTMEN T OF SPECIA L PROGRAM
COMPLIANCE
... I,.. �;l� ·:(:.:tz1·t1 �j
�
Vacation Rental and Homeshare Monthly Newsletter
In this 1ssut':
+Contract Summaries
Welcome to the Vacation Rental and Homeshare Monthly Newsletter. The goal for
the newsletter is to conti nue communication with stakehol ders on topics of general
concern on and between the months of the Quarterly Stakeholder Meeting.
•Covid-19 Update 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 availabl e.
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
(excludln1 Horneshares)
Q; What are Contract Summaries?
A: Contract Summaries are a
summary of the rental contract for
stays 28 days or less.
This ena bles the Department of
Special Prosram Compliance to
monitor contract count limitations
as defined In the municipal code
S.25.070(bl
The contract submittal tool ls
located on our website. Submit
Contract Summary
The contract submittal tool will not
allow submissions retroactively. All
summaries must be submitted prior
to occupancy.
Covid-19 Update
As of June 15, 2021, the Governor
terminated the executive orders that put
Into place the Slay 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, leavin, 1 subset of provisions
that facllltate the onaoln1 recovery.
The new public health order effective
June 15 supersedes all prior health
orders. The order has llrnited
restrictions, only related to maskln1 and
mesa-events. as well as settlnp serv1n1
children and Youth pendl,. an expected
update to the K-12 schools auldance bv
the Centers for Disease Control and
Prevention.
Restrictions that ended on
June 15 include:
•Physical dlstandna
•Capacity ltrnlts on businesses
•County tier system
Tourism Business
Improvement District
(TBID)
Starting July 1, 2021, Vacation
Rental and Homeshare 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.visitgreaterpalmsprings.co
m/2020-tbid/
Althoug h 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 eve.
The Department of Special Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 5 - 30
July, 2021 ········ . . . ... .�.
..... ..•: . ·· ...
DEPARTM EN 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.
•Meet and Greet Future Stakeholder Meeting: UPDATED
♦Tourism Business
Improvement Oi�trict
•September 1 , 2021 at 5:00 p.m. via Zoom. Call-in information will be posted to
the Vacation Rental web site when available.
If you have topics that you would like to see discussed, please email
vacation.rentals@palmspringsca.gov
Contract Summarie s
Contract Summaries are required to
be submitted prior to occupancy for
Vacation Rental Properties
(excludln1 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 ls
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 !!Kl 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 durtns the COVID emersency, has
ended.
The City of Palm Sprtnas has resumed
In-person meet and 1reets pursuant to
PSMC 5.25.07Q(m). "'The owner or the
Owner's aaent or representathle shall
meet the Responsible Party In person
at the Vacation Rental or the Owner's
or Owner's aaent's office prior to, or
within twenty-four (24) hours of, the
commencement of the occupancy and
verbally explain and describe all Nies
and reaulations applicable to the use
of the property as a Vacation Rental
and the responsibilities of the
Responsible Party to the nelshbors
and the City as well as the Owner. The
Owner shall secure the slsnature of
the Responsible Party and all adult
1uests to a statement of rules and
regulations -•
Tourism Business
Improvement District
(TBID)
On July 1, 2021, Vacation Rental
and Homeshare lodginss began
paying the 1% TBI0 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.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 eve.
The Depar1ment of Special Program Compliance
425 N Civic Dr, Palm Springs, CA. 92262
Item 5 - 31
August, 2021 .. ·· ·� ·· ..
DEPARTMENT OF SPECIAL PR OGRAM
COMPLIANCE
.... "-�;'" \
: ,..,�-: \�+'f �, ) · .. ::::::�_ .-····· .......... · ....... ····
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 l:lus1 ness
Improvement Oistncl
•i1pl11Rlaer 1, JOU al itOG p,Al, IJ.lia JeeAI, (.all IA IAferMalhlA will N ..... ., ,.,
Iha >Jatalh�A AeAtal '/.i!IIIHile whaA l',llilalale,
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
(excludlna Homesharas}
Q: What are Contract Summaries?
A: Contract Summaries are a
summary of the rental contract for
stavs 28 days or less.
The contract submittal tool ls
located on our we bsite. 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 certfflcat e, In
accordance with PSMC section
5.25.090(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.
Repairs and maintenance shall
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 .visitgreaterpalmsprings.co
m/2020-tbid/
Although the 1% TBI0 will be paid
at the same time as your monthly
TOT payments, TBID money Is a
separate item that will be
directed to the eve.
The Department of Special Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 5 - 32
September, 2021
DEPARTMEN T OF SPECIAL PROGRAM
COMPLIANCE
Vacation Rental and Homeshare Newsletter
In this issue:
• Contr;ict Sum manes
Welcome to the Vacation Rental and Homeshare Newsletter. The goal for the
newsletter is to continue communication with stakeholders on topics of general
concern on and between the months of Quarterly Meeti ngs.
•Clos mg a VR/
l lomesharc Certificate
•VR Homesharc
renewal
VACATION RENTAL STANDING SUBCOMMITTEE MEETING
With Mayor Holste1e and Coundlrnember Garner
Monday, September 27, 2021 5:30 P.M.
To join meeting, please use the following link: https://us02web.zoom.us/j/84629916043
Agenda Is posted on the Vacation Rental Website.
Contract Summaries
Contract Summaries are required to
be submitted prior to occupancy for
Vacation Rental Properties
(excludlna Homeshal'fl)
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 ls
located on our website. Submit
Contr act 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 Certlftcate, In
accordance with PSMC lectfon
5.25.090(d).
Closing a Vacation
Rental/Homeshare
Certificate
Owners that have recently sold or
looking to sell their Vacation
Rental/Homeshare property or
decided to stop renting their
Vacation Rental/Homeshare
property for short-term use will
need to complete a Closure Form.
Lettina the Vacation Rental or
Homeshare Certificate expire wilt
not automatically close the
property.
Please email or mall completed
form to:
Shant el.Sterling@>palmspringsc a.gov
or PO Box 2743, Palm Springs,
CA 92263-2743.
VR / Homeshare
Renewal
An nual registration renewal
paperwork can be delivered In
person or mailed to our office
located at 425 N Civic Dr. Palm
Springs, CA 92262.
Annual registration renewal
paperwork must be complete or it
will be returned.
Emailed annual registration
renewal documents are no longer
accepted.
For the list of annual registration
renewal documents, please visit
our VR Renewal page.
The Department of SpeciaJ Program Compliance
425 N Civic Dr, Palm Springs, CA, 92262
Item 5 - 33
ATTACHMENT 8
Item 5 - 34
!Year 12021
Count of Enter the City ID Number: Column Labels
Row Labels Contract Cancellation New Contract Summary Grand Total
1 4 4
13 8 8
22 12 12
26 17 17
31 1 2 3
32 19 19
37 16 16
38 9 9
57 1 12 13
64 1 8 9
68 7 7
71 7 7
75 2 2
76 2 2
87 9 9
98 12 12
125 7 7
131 5 5
154 8 8
195 20 20
222 1 1
245 2 19 21
260 7 7
264 12 12
265 14 14
266 5 5
273 1 7 8
277 23 23
292 2 15 17
297 15 15
Item 5 - 35
2552 11 11
2554 22 22
2556 13 33 46
2559 1 1
2564 2 12 14
2569 10 10
2572 15 15 '/I No �°'""'·"" S"M64 er
2573 5 5 .(,, C-"-1 �() * 'Z..C.D9
�ffl. < 2592 14 14
2620 11 11
2626 10 10
2629 2 2
2645 13 13
2649 21 21
2652 3 3
2657 11 11
2658 6 6
2674 9 9
2678 1 4 5
2685 16 16
2691 1 1
2695 3 3
2713 11 11
2722 12 12
2730 1 9 10
2743 2 2
2744 1 14 15
2747 18 18
2750 1 14 15
2754 1 9 10
2756 24 24
2767 11 11
2778 4 4
2783 13 13
Item 5 - 36