HomeMy WebLinkAboutResolution No. 0222 Poladyan - UpheldRESOLUTION NO. 0222
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF VAGAN POLADYAN FOR THE
PROPERTY 1951 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 1951 S. Araby Dr., Palm Springs; and
WHEREAS, The Department of Special Program Compliance issued a letter of
suspension for the property located at 1951 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 1951 S. Araby Dr., Palm Springs to the Enforcement Official with the City Clerk
and paid the appeal fee; and
Resolution No. 0222
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. The Appellant is in violation of Palm Springs Municipal Code 5.25.070(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 1951 S. Araby Dr., 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. 0222
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.0222 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, Sinclair, Paonessa
NOES: None.
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