HomeMy WebLinkAbout0205 Wolverton - UpheldRESOLUTION NO. 0205
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KYLE WOLVERTON ON BEHALF OF
TIMOTHY TIMMONS FOR THE PROPERTY
3065 N. FARRELL., REGARDING ADMINISTRATIVE
CITATION AB0334 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, Timothy Timmons 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 3065 N. Farrell Dr. hosted guests for a period of twenty-eight (28) consecutive
days or less; and
WHEREAS, Administrative Citation No. AB0334 failure to file Contract
Summaries was issued on July 2, 2021to Timothy Timmons for the property located at
3065 N. Farrell Dr., Palm Springs; and
WHEREAS, The Department of Special Program Compliance issued a letter of
suspension for the property located at 3065 N. Farrell Dr., for a suspension period for
six-months effective August 2, 2021; and
WHEREAS, Kyle Wolverton on behalf of Timothy Timmons filed an
administrative appeal of the Administrative Citation No. AB0334 for failure to file
Contract Summaries prior to occupancies for the property 3065 N. Farrell Dr., Palm
Springs to the Enforcement Official with the City Clerk and paid the appeal fee; and
Resolution No. 0205
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 22, 2021; and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Timothy Timmons 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 September 22,
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. Timothy Timmons is 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 Timothy Timmons for the property located at
3065 N. Farrell Dr., 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 22nd DAY OF SEPTEMBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0205
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 certify
that Resolution No. 0205 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 22nd day of September 2021, by the following vote:
AYES: Board Members Basile, Moses, Sinclair, and Chair Paonessa
NOES: Board Member Kane
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 29th day of September 2021.
ANTHONY J. MEJIA, MMC
City Clerk