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HomeMy WebLinkAbout0192 - Roumbos - UpheldRESOLUTION NO. 0192 A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MELINA ROUMBOS FOR THE PROPERTY LOCATED AT 949 VISTA DUNES, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0299 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Melina Roumbos did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 949 Vista Dunes, 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 op erate 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. AB0299 Operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on November 30, 2020 to Melina Roumbos for the property located at 949 Vista Dunes, Palm Springs; and WHEREAS, Melina Roumbos filed an administrative appeal of the Administrative Citation No. AB0299 Operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 949 Vista Dunes, Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on April 28, 2021; and WHEREAS, the Administrative Appeals Board was presented evidence that Melina Roumbos violated Section 5.25.040 (a) of the Palm Springs Municipal Code by an advertisement for the property located at 949 Vista Dunes, Palm Springs from Advertisement on airbnb.com/rooms45657387; and Resolution No. 0192 Page 2 WHEREAS, the Administrative Appeals was presented evidence Melina Roumbos violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 949 Vista Dunes, Palm Springs for a period less than twenty-eight (28) days (January 7, 2021 to January 10, 2021 [3 nights)]; and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on April 28, 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 is in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Melina Roumbos is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 949 Vista Dunes, 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 with 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. 0192 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. 0192 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: Basile, Moses, Kane, Sinclair, and Paonessa NOES: None 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