HomeMy WebLinkAbout0218 Baraz - UpheldRESOLUTION NO. 0218
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF SUSAN BARAZ FOR THE PROPERTY
LOCATED AT 1109 VIA TENIS, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0345 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 Susan Baraz did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 1109 Via Tenis, 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. AB0345 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on July 29, 2021, to
Susan Baraz for the property located at 1109 Via Tenis, Palm Springs; and
WHEREAS, Susan Baraz, filed an administrative appeal of the Administrative
Citation No. AB0345 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 1109 Via Tenis,
Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on January 26, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Susan Baraz violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement on airbnb.com/rooms/45163726 for the property located at
1109 Via Tenis, Palm Springs; and
Resolution No. 0218
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence Susan
Baraz violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding
to an inquiry to book the property located at 1109 Via Tenis, Palm Springs and
approved a period less than twenty-eight (28) days (September 11, 2021 to September
26, 2021 [15 nights]); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on
January 26, 2022; 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
Susan Baraz is permanently ineligible to operate a Vacation Rental in the City of Palm
Springs, including the property located at 1109 Via Tenis, 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 26th DAY OF JANUARY 2022.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0218
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. 0218 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 26th day of January 22, 2022 by the following vote:
AYES: Basile, Hedrick, Kane, Moses, Paonessa
NOES: None.
ABSENT: Sinclair
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 1st day of February 2022.
ANTHONY J. MEJIA, MMC
CITY CLERK