HomeMy WebLinkAbout0297 - Hopkins - UpheldRESOLUTION NO. 0297
A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF THE ADMINISTRATIVE CITATION AB0651 ISSUED
IN THE AMOUNT OF $2,500 TO LAURA HOPKINS AND THE
ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION
OF THE VACATION RENTAL REGISTRATION CERTIFICATE
FOR THE PROPERTY LOCATED AT 1331 E. DEL PASO WAY,
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, Laura Hopkins 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 1331 E. Del Paso Way, hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0651 failure to file a Contract
Summary was issued on January 10, 2024, to Laura Hopkins for the property located at
1331 E. Del Paso Way, Palm Springs; and
WHEREAS, Laura Hopkins, filed an administrative appeal of the Administrative
Citation No. AB0651 for failure to file a Contract Summary prior to an occupancy for the
property 1331 E. Del Paso Way, Palm Springs to the Enforcement Official with the City
Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 27, 2024; and
Resolution 0297
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Laura Hopkins., 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 Laura Hopkins., for the property located at
1331 E. Del Paso Way, 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 Laura Hopkins., for the property located at
1331 E. Del Paso Way, Palm Springs
THIS PORTION OF PAGE BLANK
Resolution 0297
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 0297
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. 0297 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