HomeMy WebLinkAboutResolution No. 0221 Blanchard - OverturnedRESOLUTION NO. 0221
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF JOHN AND MELISSA BLANCHARD
FOR THE PROPERTY 1898 E. BELDING RD.,
REGARDING ADMINISTRATIVE CITATION AB0350
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, John and Melissa Blanchard 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 1898 E. Belding Rd., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS Administrative Citation No. AB0350 failure to file Contract
Summaries was issued on September 3, 2021 to John and Melissa Blanchard for the
property located at 1898 E. Belding Rd., Palm Springs; and
WHEREAS, The Department of Special Program Compliance issued a letter of
suspension for the property located at 1898 E. Belding Rd., for a suspension period for
six-months effective October 11, 2021; and
WHEREAS John and Melissa Blanchard filed an administrative appeal of the
Administrative Citation No. AB0350 for failure to file Contract Summaries prior to
occupancies for the property 1898 E. Belding Rd., Palm Springs to the Enforcement
Official with the City Clerk and paid the appeal fee; and
Resolution No. 0221
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 John and Melissa Blanchard 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. The Appellant is not in violation of Palm Springs Municipal Code
5.25.070(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 John and Melissa Blanchard for the property located
at 1898 E. Belding Rd., Palm Springs
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 23rd DAY OF FEBRUARY 2022.
MICHAEL PAONESSA
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0221
Page 3
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.0221 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 23rd day of February 2022 by the following vote:
AYES: Basile, Kane, Moses
NOES: Sinclair, Paonessa
ABSENT: None.
ABSTAIN: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 1st day of March 2022.
ANTHONY J. MEJIA, MMC
CITY CLERK