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HomeMy WebLinkAbout0296 - Grosso - UpheldRESOLUTION NO.0296 A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE CITATION AB0599 ISSUED IN THE AMOUNT OF $2,500 TO TAYLOR GROSSO AND JULIE WHITE AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 622 S. HIGHLAND DR., 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, Taylor Grosso and Julie White did not file a Contract Summary for an occupancy 28 days or less; WHEREAS, any person who operates a Vacation Rental and fails to submit a contract summary to the Enforcement Official, shall be liable to the City an administrative fine in the amount of Two Thousand and Five Hundred Dollars ($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a period of six-months, Palm Springs Municipal Code 5.25.090 (d); and WHEREAS, “Vacation Rental” means a single-family dwelling, or any portion thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the Owner being present for a period of twenty-eight (28) consecutive days or less; and WHEREAS, the City investigated and determined that the Vacation Rental Property 622 S. Highland Dr., hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0599 failure to file a Contract Summary was issued on November 3, 2023 to Taylor Grosso and Julie White for the property located at 622 S. Highland Dr., Palm Springs; and WHEREAS, Taylor Grosso and Julie White, filed an administrative appeal of the Administrative Citation No. AB0599 for failure to file a Contract Summary prior to an occupancy for the property 622 S. Highland Dr., Palm Springs to the Enforcement Official with the City Clerk and paid the appeal fee; and Resolution 0296 Page 2 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 prima facie evidence that Taylor Grosso and Julie White violated Section 5.25.070 (h) 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 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 5.25.070(h). The Administrative Appeals Board upholds the administrative decision of a six-month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to Taylor Grosso and Julie White for the property located at 622 S. Highland Dr., Palm Springs The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h). The Administrative Appeals Board overturns the administrative decision of a six-month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to Taylor Grosso and Julie White for the property located at 622 S. Highland Dr., Palm Springs THIS PORTION OF PAGE BLANK Resolution 0296 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 0296 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. 0296 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: Vice Chair Parker, Board member Kane, Basile, 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