HomeMy WebLinkAbout0201 - Reichert - UpheldRESOLUTION NO. 0201
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF JARED REICHERT FOR THE PROPERTY
LOCATED AT 1790 S. ARABY DR., PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION
AB0297 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 Jared Reichert and Adam Zweig did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 1790 S. Araby Dr.,
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. AB0297 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on November 21, 2020 to
Jared Reichert and Adam Zweig for the property located at 1790 S. Araby Dr., Palm
Springs; and
WHEREAS, Jared Reichert filed an administrative appeal of the Administrative
Citation No. AB0297 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at
1790 S. Araby Dr., Palm Springs with the City Clerk; 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 was presented evidence that
Jared Reichert and Adam Zweig violated Section 5.25.040 (a) of the Palm Springs
Municipal Code by an advertisement for the property located at 1790 S. Araby Dr.,
Palm Springs from Advertisement on airbnb.com/rooms/38153293; and
Resolution No. 0201
Page 2
WHEREAS, the Administrative Appeals was presented evidence Jared Reichert
and Adam Zweig violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 1790 S. Araby Dr., Palm Springs
for a period less than twenty-eight (28) days (October 15, 2020 to October 22, 2020
[7 nights]); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 28, 2021;
and
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 Appellants are in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Jared
Reichert and Adam Zweig are permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 1790 S. Araby Dr., 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 JULY 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0201
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. 0201 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 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