HomeMy WebLinkAbout0202 Thompson; Spleen - UpheldRESOLUTION NO. 0202
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ALBERT THOMPSON AND
ANTHONY SPLEEN FOR THE PROPERTY 1280 S. CALLE
ROLPH, REGARDING ADMINISTRATIVE CITATION A6268
ISSUED IN THE AMOUNT OF $2,500 AND THE
ADMINISTATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, Albert Thompson and Anthony Spleen did not file Contract
Summaries for occupancies 28 days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, “Vacation Rental” means a single-family dwelling, or any portion
thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or less; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 1280 S. Calle Rolph was in operation and submitted transient occupancy tax
for occupancies 28 days or less;
WHEREAS, Administrative Citation No. A6268 failure to file Contract Summaries
was issued on June 1, 2021 to Albert Thompson and Anthony Spleen for the property
located at 1280 S. Calle Rolph, Palm Springs; and
WHEREAS, Albert Thompson and Anthony Spleen filed an administrative appeal
of the Administrative Citation No. A6268 for failure to file Contract Summaries prior to
occupancies for the property 1280 S. Calle Rolph, Palm Springs to the Enforcement
Official 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 August 25, 2021; and
Resolution No. 0202
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Albert Thompson and Anthony Spleen violated Section 5.25.070 (h) 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
August 25, 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 Appellants are in violation of Palm Springs Municipal Code
5.25.070(h). The Administrative Appeals Board upholds the administrative decision of a
six-month suspension of the Vacation Rental Registration Certificate and the Administrative
Fine of $2500.00 to Albert Thompson and Anthony Spleen for the property located at
1280 S. Calle Rolph, 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 28th DAY OF JULY 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0202
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. 0202 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 25th day
of August 2021, by the following vote:
AYES: Basile, Hedrick, Sinclair, and Paonessa
NOES: None
ABSENT: None
ABSTAIN: Moses
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 31st day of August 2021.
ANTHONY J. MEJIA, MMC
City Clerk