HomeMy WebLinkAbout0208 Kirakosyan - UpheldRESOLUTION NO. 0208
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF SUSANNA KIRAKOSYAN AND
KEVIN OGILVIE REGARDING THE PROPERTY LOCATED
AT 947 N. CIBOLA CIR., PALM SPRINGS, CALIFORNIA
Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs
Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board.
WHEREAS, the City investigated in detail and found the property 947 N. Cibola
Cir., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on July 31, 2021;
and
WHEREAS, administrative citation A6702 was issued on July 31, 2021 to Kimberly
Lopez, Responsible Person for the Vacation Rental property located at 947 N. Cibola Cir.;
and
WHEREAS, the City investigated in detail and found the property 947 N. Cibola
Cir., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on August 21, 2021;
and
WHEREAS, administrative citation A6854 was issued on August 21, 2021 to
Jonathan Ebbert, Responsible Person for the Vacation Rental property located at 947 N.
Cibola Cir.; and
WHEREAS, upon the third violation in any twelve month period, the City Manager
shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS Susanna Kirakosyan was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 947 N. Cibola Cir., Palm Springs, on
August 10, 2021 with an effective suspension date of August 30, 2021, and
WHEREAS, Susanna Kirakosyan and Kevin Ogilvie, for the property located at
947 N. Cibola Cir., Palm Springs, filed an administrative appeal of the suspension of the
Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter
2.50
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 22, 2021; and
Resolution No. 0208
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on July 31, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on August 21, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Susanna Kirakosyan is in violation pursuant to Section 5.25.090 (b) 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;
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
5.25.090(b). The Administrative Appeals Board upholds administrative citations A6702
and A6854 and the administrative decision of a two-year suspension of the Vacation
Rental Registration Certificate for the property located at 947 N. Cibola Circle
Palm Springs, California.
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. 0208
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. 0208 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