HomeMy WebLinkAbout0206 Bell Burke - UpheldRESOLUTION NO. 0206
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MARY LYNN BELL BURKE FOR THE
PROPERTY 1676 E. VIA ESTRELLA, REGARDING
ADMINISTRATIVE CITATION AB0335 ISSUED IN THE
AMOUNT OF $2,500 AND THE ADMINISTRATIVE
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, Mary Lynn Bell Burke 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 1676 E. Via Estrella, hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0335 failure to file Contract
Summaries was issued on July 2, 2021 to Mary Lynn Bell Burke for the property located
at 1676 E. Via Estrella, Palm Springs; and
WHEREAS, The Department of Special Program Compliance issued a letter of
suspension for the property located at 1676 E. Via Estrella, for a suspension period for
six-months effective August 2, 2021; and
WHEREAS, Mary Lynn Bell Burke filed an administrative appeal of the
Administrative Citation No. AB0335 for failure to file Contract Summaries prior to
occupancies for the property 1676 E. Via Estrella, Palm Springs to the Enforcement
Official with the City Clerk and paid the appeal fee; and
Resolution No. 0206
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 Mary Lynn Bell Burke 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. The Appellant 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 Mary Lynn Bell Burke for the property located at 1676 E. Via Estrella,
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. 0206
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. 0206 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 22th 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