HomeMy WebLinkAbout0195 - Borkovic - UpheldRESOLUTION NO. 0195
A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF TIM HOUSEHOLDER ON BEHALF OF
ADRIJANA BORKOVIC FOR THE PROPERTY LOCATED AT
2880 N. SUNRISE WAY, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0301 ISSUED IN
THE AMOUNT OF $10,000 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 Adrijana Borkovic did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2880 N. Sunrise Way, Palm Springs,
pursuant to Palm Springs Municipal Code Chapter 5.25; and
WHEREAS Tim Householder, manager of Desert Luxury Estates, did not secure
a Vacation Rental Registration Certificate for the property located at 2880 N. Sunrise
Way, 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 operat e a Vacation
Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and
WHEREAS, In the event the person continues to operate a Vacation Rental
without a Vacation Registration Certificate, the person shall be liable to the City an
administrative fine in the amount of Ten Thousand Dollars ($10,000.00) 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, pursuant to Palm Springs Municipal Code 5.25.050 (a) the failure of
an agent to comply with this Chapter shall not relieve the Owner of the Owner’s
obligations under the provisions of this Chapter; and
Resolution No. 0195
Page 2
WHEREAS, Administrative Citation No. AB0290 in the amount of $5,000 for
Operating a Vacation Rental without a Vacation Rental Registration Certificate, was
issued on July 6, 2020 to Adrijana Borkovic for the property located at 2880 N. Sunrise
Way, Palm Springs; and
WHEREAS, Administrative Citation No. AB0301 in the amount of $10,000 for
Operating a Vacation Rental without a Vacation Rental Registration Certificate, was
issued on December 7, 2020 to Adrijana Borkovic for the property located at
2880 N. Sunrise Way, Palm Springs; and
WHEREAS, Tim Householder on behalf of the owner Adrijana Borkovic for the
property located at 2880 N. Sunrise Way, Palm Springs, filed an administrative appeal
of Administrative Citation No. AB0290 issued in the amount of $5,000 for Operating a
Vacation Rental without a Vacation Rental Registration Certificate for the property
located at 2880 N. Sunrise Way, Palm Springs with the City Clerk and paid the appeal
fee; and
WHEREAS, The Department of Special Program Compliance included with the
appeal of Administrative Citation No. AB0290, Administrative Citation AB0301 for
consideration; 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
Adrijana Borkovic violated Section 5.25.040 (a) of the Palm Springs Municipal Code by
an itinerary for the dates November 12, 2020 to November 16, 2020 (4-nights) from a
Vacation Rental guest for the property located at 2880 N. Sunrise Way, and
WHEREAS, the Administrative Appeals Board was presented evidence that
Adrijana Borkovic violated Section 5.25.040 (a) of the Palm Springs Municipal Code by
an advertisement for the property located at 2880 N. Sunrise Way, Palm Springs from
airbnb.com/rooms/41107632; 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:
Resolution No. 0195
Page 3
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
Adrijana Borkovic is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 2880 N. Sunrise Way, Palm Springs and
the fine of $10,000.
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
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. 0195 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 official seal of
the City of Palm Springs, California, this 28th day of April 2021.
ANTHONY J. MEJIA, MMC
City Clerk