HomeMy WebLinkAbout0190 - Dickson - OverturnRESOLUTION NO. 0190
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KEVIN DICKSON REGARDING THE
PROPERTY LOCATED AT 940 E. PALM CANYON DR.,
UNIT 207, PALM SPRINGS, CALIFORNIA
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Kevin Dickson did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 940 E. Palm Canyon Dr., Unit 207,
Palm Springs, pursuant to Palm Springs Municipal Code Chapter 5.25; and
WHEREAS, any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City an administrative fine in the amount of
Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation
Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and
WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal
Code Section 5.25 includes “Advertisement” of the property on any web based
advertising, hosting platform, print media, bulletin, signage, radio and television or any
other medium for the purposes of promoting interest in, testing the market for , or
soliciting the occupancy of a property for a period of twenty -eight (28) consecutive days
or less; and
WHEREAS, Administrative Citation No. AB0292 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on July 30, 2020 to Kevin
Dickson for the property located at 940 E. Palm Canyon Dr., Unit 207, Palm Springs;
and
WHEREAS, Kevin Dickson filed an administrative appeal of the Administrative
Citation No. AB0292 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000.00 for the property located at
940 E. Palm Canyon Dr., Unit 207, Palm Springs with the City Clerk and paid the
appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 24, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Kevin Dickson violated Section 5.25.040 (a) of the Palm Springs Municipal Code by an
advertisement for the property located at 940 E. Palm Canyon Dr., Unit 207, Palm
Springs from Advertisement on vrbo.com/1708014; and
Resolution No. 0190
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that Kevin
Dickson violated Section 5.25.040 (a) of the Palm Springs Municipal Code by responding
to an inquiry to book the property located at located at 940 E. Palm Canyon Dr., Unit 207,
Palm Springs for a period twenty-eight (28) days or less (September 3, 2020 to
September 10, 2020 [7 nights])
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 24, 2021.
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 are not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the administrative decision
that Kevin Dickson is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 940 E. Palm Canyon Dr., Unit 207, Palm
Springs and the fine of $5,000
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 w ith the Palm
Springs City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 28th DAY OF APRIL 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0190
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. 0190 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 28th day
of April 2021, by the following vote:
AYES: Cleary, Moses, and Kane
NOES: Sinclair and Paonessa
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the of ficial seal of
the City of Palm Springs, California, this 28th day of April 2021.
ANTHONY J. MEJIA, MMC
City Clerk