HomeMy WebLinkAbout0196 - Knight - UpheldRESOLUTION NO. 0196
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF BYRON KNIGHT REGARDING THE
PROPERTY LOCATED AT 679 E. PALO VERDE AVE.,
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, the City investigated in detail and found the property of 679 E. Palo
Verde Ave., Palm Springs, to be in violation on April 2, 2021, and issued administrative
citation A6608; and
WHEREAS, upon the third violation in any twelve month period, the City Manager
shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS, Byron Knight was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 679 E. Palo Verde Ave., Palm Springs,
on April 12, 2021, with an effective suspension date of May 10, 2021, and
WHEREAS, Byron Knight, for the property located at 679 E. Palo Verde Ave., Palm
Springs, filed an administrative appeal of the suspension of the Vacation Rental
Registration Certificate 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 May 26, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on April 02, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that Byron
Knight is in violation pursuant to Section 5.25.090 (b) 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 May 26, 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. 0196
Page 2
SECTION 1. The Appellant is in violation of Palm Springs Municipal Code
5.25.090(b). The Administrative Appeals Board upholds administrative citation A6608 and
the administrative decision of a two-year suspension of the Vacation Rental Registration
Certificate for the property located at 679 E. Palo Verde Ave., 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 26th DAY OF MAY 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. 0196 is a full, true and correct copy, and was duly adopted at a
meeting of the Administrative Appeals Board of the City of Palm Spri ngs on the 26th day
of May 2021, by the following vote:
AYES: Basile, Hedrick, 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 26th day of May 2021.
ANTHONY J. MEJIA, MMC
City Clerk