HomeMy WebLinkAbout0295 - Maddy's Mgt - UpheldRESOLUTION NO. 0295
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MADDY’S MANAGEMENT INC. FOR
THE PROPERTY LOCATED AT 3591 MELODY LN., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0661 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 Maddy’s Management Inc. did not obtain a Short-Term Vacation
Rental Registration Certificate for the property located at 3591 Melody Ln., 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. AB0661, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on January 24, 2024, to
Maddy’s Management Inc. for the property located at 3591 Melody Ln., Palm Springs;
and
WHEREAS, Maddy’s Management Inc. filed an administrative appeal of the
Administrative Citation No. AB0661 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
3591 Melody Ln., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 27, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Maddy’s Management Inc. violated Section 5.25.040(a) of the Palm Springs Municipal
Resolution No. 0295
Page 2
Code by an advertisement listed on Airbnb.com/rooms/1024079251624369766 for the
property located at 3591 Melody Ln., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Maddy’s Management Inc. is in violation of Section 5.25.040(a) of the Palm Springs
Municipal Code by a response to an inquiry to book the property located at 3591 Melody
Ln., Palm Springs and confirmation of a period less than twenty-eight (28) days;
December 22, 2023, through December 29, 2023 (7-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 27,
2024; 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
Maddy’s Management Inc. is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 3591
Melody Ln., Palm Springs and the fine of $5,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Maddy’s Management Inc. is permanently
ineligible to operate a Vacation Rental in the City of Palm Springs,
including the property located at 3591 Melody Ln., Palm Springs and the
fine of $5,000.
Resolution No. 0295
Page 3
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 27th DAY OF MARCH 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0295
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0295 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 27th day of March 2024, by the following vote:
AYES: Board member Basile, Kane, Vice Chair Parker, and Chair Sinclair
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 1st day of April 2024.
Brenda Pree, MMC, CERA
City Clerk