HomeMy WebLinkAbout0207 Williams - UpheldRESOLUTION NO. 0207
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KATHERYN WILLIAMS FOR THE
PROPERTY LOCATED AT 5300 E. WAVERLY DR., UNIT
G10, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB00321 ISSUED IN THE
AMOUNT OF $5,000 AND THE PERMANENT
INELIGIBILITY 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 Katheryn Williams did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 5300 E. Waverly Dr., Unit G10, 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. AB0321 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 17, 2021 to
Katheryn Williams for the property located at 5300 E. Waverly Dr., Unit G10, Palm
Springs; and
WHEREAS, Katheryn Williams filed an administrative appeal of the
Administrative Citation No. AB0321 Operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
5300 E. Waverly Dr., Unit G10, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 22, 2021; and
Resolution No. 0207
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Katheryn Williams violated Section 5.25.040 (a) of the Palm Springs Municipal Code by
an advertisement for the property located at 5300 E. Waverly Dr., Unit G10,
Palm Springs from Advertisement on airbnb.com/rooms/47805330; and
WHEREAS, the Administrative Appeals was presented evidence Katheryn
Williams violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 5300 E. Waverly Dr., Unit G10,
Palm Springs for a period less than twenty-eight (28) days (July 3, 2021 to July 9, 2021
[6 nights]); 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
5.25.040(a). The Administrative Appeals Board upholds the administrative decision that
Katheryn Williams is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 5300 E. Waverly Dr., Unit G10,
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 22nd DAY OF SEPTEMBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0207
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. 0207 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, Kane, Moses, Sinclair and Chair 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 29th day of September 2021.
ANTHONY J. MEJIA, MMC
City Clerk