HomeMy WebLinkAboutItem 5 - AB0673 - Fuminaya PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: May 22, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MAXIMUS
FUMINAYA IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION
RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE
FINE OF $5,000 FOR OPERATING AN UNREGISTERED HOMESHARE
PROPERTY LOCATED AT 3982 EASTGATE RD., PALM SPRINGS,
CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Maximus Fuminaya has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for
operating an unregistered Homeshare property located at 3982 Eastgate Rd., Palm
Springs.
RECOMMENDATION:
1) Open the Appeal Hearing and accept public testimony.
2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF MAXIMUS FUMINAYA, FOR THE PROPERTY LOCATED AT 3982
EASTGATE RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0673 ISSUED IN THE AMOUNT OF $5,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
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Item 5 - Page 1
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 3982 Eastgate Rd., Palm Springs
STAFF ANALYSIS:
The owner for the property located at 3982 Eastgate Rd., Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on February 5, 2024.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 3982 Eastgate Rd., as a Homeshare from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/33222941 listed as “Beautiful guest bedroom
in sunny Palm Springs!” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/33222941 lists 103 reviews. ATTACHMENT
5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates February 12, 2024, through February 14, 2024 (2-nights);
ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates February 12, 2024, through February 14, 2024 (2-
nights); ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/33222941 and inquiry
affirmation for the dates February 12, 2024, through February 14, 2024 (2-nights) for stay
at property 3982 Eastgate Rd., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0673, in the amount of $5,000, to Maximus Fuminaya, the
owner on title, for operating a Homeshare without a Vacation Rental Registration
Certificate. The Administrative Citation was mailed by the Department of Special Program
Compliance staff to the mailing address on title.
The following Palm Springs Municipal Codes sections and Regulations are applicable to
this matter.
The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows:
"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,…”
Palm Springs Municipal Code §5.25.040(a) reads as follows:
The operation of a Vacation Rental or a Homeshare Interest without a Vacation
Rental Registration Certificate is prohibited.
Item 5 - Page 2
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 3982 Eastgate Rd., Palm Springs
Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative
fine:
(c) Any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City for the payment of transient
occupancy tax pursuant to the provisions of the Palm Springs Municipal
Code Chapter 3.24, including without limitation penalties and interest,
payment of an administrative fine in the amount of Five Thousand Dollars
($5,000.00), and permanent ineligibility to operate a Vacation Rental in the
City…”
Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining
“Operation” of a Vacation Rental to include the following:
1. “Advertisement” of the property means on any web-based advertising,
hosting platform, print media, bulletin, signage, radio, and television or
on 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.
2. An owner, agent or other representative of the owner has an interest in
rental, exchange, trade, gift, or grant of a guest stay at a property of less
than twenty-eight (28) consecutive days or less.
3. An owner, agent or any other representative of the owner interacts with
another party whether directly or indirectly through personal or
digital/electronic contact with the intent to provide availability of the
property for occupancy of 28 days or less, or to complete a rental and/or
reservation of the property for future occupancy of 28 days or less.”
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Administrative Regulation “Operation of a Homeshare Interest in Violation of
PSMC Chapter 5.25, including without a Registration Certificate” dated 10/2023
reads as follows:
“The operation of a Homeshare Interest in violation of Chapter 5.25,
including, without limitation, operating a Homeshare Interest without a Registration
Certificate, shall be subject to the same penalties as a person who operates a
Vacation Rental in violation of Chapter 5.25, including operating without a Vacation
Rental Registration Certificate. This includes the criminal, civil, administrative
fines, suspension, and ineligibility penalties set forth in Section 5.25.090”.
Item 5 - Page 3
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 3982 Eastgate Rd., Palm Springs
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
AB0673 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0673 & citation letter 4
Copy of the Airbnb.com/rooms/33222941 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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Item 5 - Page 4
ATTACHMENT 1
Item 5 - Page 5
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MAXIMUS FUMINAYA FOR THE
PROPERTY LOCATED AT 3982 EASTGATE RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0673 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 Maximus Fuminaya did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 3982 Eastgate Rd., Palm Springs,
pursuant to Palm Springs Municipal Code Chapter 5.25; and
WHEREAS, any person who operates a Homeshare 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, "Homesharing" means an activity whereby the owner hosts visitors
in the owner's home, for compensation, for periods of 28 consecutive days or less, while
the owner lives on site and in the home, throughout the visitor's stay.
WHEREAS, Administrative Citation No. AB0673, operating a Homeshare without
a Vacation Rental Registration Certificate, was issued on February 9, 2024, to Maximus
Fuminaya for the property located at 3982 Eastgate Rd., Palm Springs; and
WHEREAS, Maximus Fuminaya filed an administrative appeal of the
Administrative Citation No. AB0673 operating a Homeshare without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at 3982
Eastgate Rd., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 22, 2024; and
Item 5 - Page 6
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Maximus Fuminaya violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Airbnb.com/rooms/33222941 for the property located at 3982
EASTGATE RD., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Maximus Fuminaya 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 3982 Eastgate Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; February
12, 2024, through February 14, 2024 (2-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 22, 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
Maximus Fuminaya is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 3982
Eastgate Rd., 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 Maximus Fuminaya is permanently ineligible
to operate a Vacation Rental in the City of Palm Springs, including the
property located at 3982 Eastgate Rd., Palm Springs and the fine of
$5,000.
Item 5 - Page 7
Resolution No.
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 DAY OF 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
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. 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 day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of .
Brenda Pree, MMC, CERA
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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City of Palm Springs
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
Like No Place Else!
02/28/2024 02:28PM Shahriar
002340-0006
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2024 Item: OTHCHG
1 @ $911.0000
Balance unpaid: -$911.00
OTHER CHARGE CURRENT
SVC (OTHCHG) $911.00
--------------
$911.00
Subtotal $911.00
Total $911.00
CHECK $911.00
Check Number 752
--------------
Change due $0.00
Paid by: MAXIMUS FUMINAYA | ADMIN
CITATION APPEAL#AB0673 - CITY CLERK'S
OFFICE
Thank you for your payment
CUSTOMER COPY
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