HomeMy WebLinkAbout0213 Hakobyan - UpheldRESOLUTION NO. 0213
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ANNA HAKOBYAN FOR THE
PROPERTY LOCATED AT 1895 N. WHITEWATER CLUB DR.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0349 ISSUED IN THE
AMOUNT OF $2,500 AND THE TWO-YEAR SUSPENSION
OF VACATION RENTAL REGISTRATION CERTIFCATE
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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
1895 N. Whitewater Club Dr., Palm Springs, to be in violation pursuant to
Section 5.25.070 (g) on September 3, 2021 and issued administrative citation A6702; and
WHEREAS, the City investigated in detail and found the property
1895 N. Whitewater Club Dr., Palm Springs, to be in violation pursuant to
Section 5.25.070 (g) on September 4, 2021 and issued administrative citation A6857; and
WHEREAS, the City investigated in detail and found the property 1895 N.
Whitewater Club Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (h) on
September 3, 2021 and issued administrative citation AB0349 on September 13, 2021;
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 Anna Hakobyan was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 1895 N. Whitewater Club Dr., Palm
Springs, on September 20, 2021, with an effective suspension date of October 11, 2021,
and
WHEREAS, Anna Hakobyan for the property located at 1895 N. Whitewater Club Dr.,
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 December 1, 2021; and
Resolution No. 0213
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (h) of the Palm Springs Municipal Code occurred
on September 3, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Anna Hakobyan 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
December 1, 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 citation AB0349
and the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 1895 N. Whitewater Club 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 1st DAY OF DECEMBER 2021.
MIKE PAONESSA
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
Resolution No. 0213
Page 3
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Resolution No. 0213 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 1st day of December 2021, by the following vote:
AYES: Board Members Basile, Kane, Moses, and Sinclair
NOES: Chair Paonessa
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 6th day of December 2021.
ANTHONY J. MEJIA, MMC
City Clerk