HomeMy WebLinkAbout0199 - Bitonti - UpheldRESOLUTION NO. 0199
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF LARRY JAMES BITONTI, REGARDING
THE PROPERTY LOCATED AT 555 S. PALM CANYON
DRIVE, STE. A111, 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, Larry James Bitonti, owner of Hair of the Dog located at 555 S. Palm
Canyon Drive, Ste. A111 was in violation of Palm Springs Municipal Code 2.20.100A(1),
violation of the State and City Emergency Orders; and
WHEREAS, a responsible party who violates the orders shall be liable to the City
for an administrative fine up to the amount of Five Thousand Dollars ($5,000.00) for the
first violation, up to the amount of Ten Thousand Dollars ($10,000.00) for the second
violation, up to the amount of Twenty Five Thousand Dollars ($25,000.00) for the third
violation; and
WHEREAS, Administrative Citation No. B7882 was mailed on November 11, 2020
to Larry Bitonti for the property located at 555 S. Palm Canyon Dr., Ste A111,
Palm Springs; and
WHEREAS, Administrative Citation No. B7710 was mailed on January 9, 2021 to
Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111,
Palm Springs; and
WHEREAS, Administrative Citation No. PD18056 was mailed on January 29, 2021
to Larry James Bitonti for the property located at 555 S Palm Canyon Drive, Ste. A111,
Palm Springs; and
WHEREAS, Larry James Bitonti, Owner of the business located at 555 S. Palm
Canyon Drive, Ste. A111, Palm Springs, filed an administrative appeal of Administrative
Citation No. B7882 and the fine amount of $5,000.00, Administrative Citation No. B7710
and fine amount of $10,000.00, Administrative Citation No. PD18056 and fine amount of
$25,000.00 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 July 28, 2021; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeals on July 28, 2021;
and
Resolution No. 0199
Page 2
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
2.20.100A(1). The Administrative Appeals Board upholds administrative citation No. B7882
issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111,
Palm Springs and the fine of $1,000, as determined by the Board.
SECTION 2. The Appellant is in violation of Palm Springs Municipal Code
2.20.100A(1). The Administrative Appeals Board upholds administrative citation No. B7710
issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111,
Palm Springs and the fine of $5,000, as determined by the Board.
SECTION 3. The Appellant is in violation of Palm Springs Municipal Code
2.20.100A(1). The Administrative Appeals Board upholds administrative citation No. PD18056
issued to Larry James Bitonti for the property located at 555 S. Palm Canyon Drive, Ste. A111,
Palm Springs and the fine of $10,000, as determined by the Board.
SECTION 4. 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 JULY 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0199
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 ce rtify
that Resolution No. 0199 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 28th day
of July 2021, by the following vote:
AYES: Basile, Hedrick, Moses, 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 2nd day of August 2021.
ANTHONY J. MEJIA, MMC
City Clerk