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Home My WebLink AboutA7983 - Valles Packet - Item 5 ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: June 26, 2024 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A7983 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 2311 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Mike Valles has requested an appeal of administrative citation A7983 issued in the amount of $500 and the two (2) year suspension of the Vacation Rental Registration Certificate #3438 for the property located at 2311 N. Whitewater Club Dr., Palm Springs, California. 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 MIKE VALLES FOR THE PROPERTY LOCATED AT 2311 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A7983 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #3438. Background The property located at 2311 N. Whitewater Club Dr., Palm Springs, California is currently registered as a Vacation Rental with Vacation Rental Registration Certificate #3438. The start date was September 2016. Vacation Rental Ordinance 1918 became in effect April 2017 and later amended and reinstated in November 2022 with Ordinance 2075. The previous and current Vacation Rental Ordinance details rules that guests renting a Vacation Rental for a period of 28 consecutive days or less must follow; Regulations that owners must follow relating to each stay that is 28 consecutive days or less and that upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years. Item 5 - Page 1 Administrative Appeals Board Staff Report June 26, 2024 -- Page 2 Vacation Rental Appeal – 2311 N. Whitewater Club Dr., Palm Springs, CA STAFF ANALYSIS First Citation – A7506 On May 19, 2023, a City of Palm Springs Code Compliance Officers responded to a complaint for the property located at 2311 N. Whitewater Club Dr., Palm Springs regarding music at or beyond the property line. Code Officer Whittaker and Code Officer Gonzalez arrived at the property at 2:46 pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) Music audible at the property line at the Vacation Rental located at 2311 N. Whitewater Club Dr. The Code Compliance Officers contacted the occupants, discussed the findings and violation, and issued citation A7506 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 4. Citation A7506 was not appealed and paid in full July 28, 2023. Second Citation – A7123 On September 1, 2023, a City of Palm Springs Code Compliance Officers responded to a complaint for the property located at 2311 N. Whitewater Club Dr., Palm Springs regarding music at or beyond the property line. Code Officer Ingram and Code Officer Gonzalez arrived at the property at 10:38 pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) Music audible at the property line at the Vacation Rental located at 2311 N. Whitewater Club Dr. The Code Compliance Officers contacted the occupants, discussed the findings and violation, and issued citation A7213 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 5. Citation A7123 was not appealed and paid in full September 8, 2023. Third Citation – A7983 On March 8, 2024, a City of Palm Springs Code Compliance Officers responded to a complaint for the property located at 2311 N. Whitewater Club Dr., Palm Springs regarding music at or beyond the property line. Code Officer Whittaker and Code Supervisor Nabhan arrived at the property at 1:07 pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(g) Music audible at the property line at the Vacation Rental located at 2311 N. Whitewater Club Dr. Code Officer Whittaker and Code Supervisor Nabhan contacted the occupants, discussed the findings and violation, and issued citation A7983 for a violation of PSMC 5.25.070 (g). The officer report is included as ATTACHMENT 6. Citation A7983 was not appealed and paid in full March 21, 2023 Pursuant to PSMC 5.25.090(b), “Upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. Pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Based on the three (3) administrative citations issued in a twelve-month period, a suspension of the Vacation Rental Registration Certificate was issued by the Department Item 5 - Page 2 Administrative Appeals Board Staff Report June 26, 2024 -- Page 3 Vacation Rental Appeal – 2311 N. Whitewater Club Dr., Palm Springs, CA of Special Program Compliance with an effective date of April 22, 2024, for two (2) years through April 22, 2026. ATTACHMENT 7. DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 05/19/2023 A7506 Music Audible at Property Line 5.25.070(g) 09/01/2023 A7123 Music Audible at Property Line 5.25.070(g) 03/08/2024 A7983 Music Audible at Property Line 5.25.070(g) The following Palm Springs Municipal Code sections and Regulations are applicable to this matter. The Palm Springs Municipal Code, Vacation Rentals §5.25.070 - Operational Requirements and Standard Conditions: (g) “Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental.” The Palm Springs Municipal Code, Vacation Rentals §5.25.040 - Operational Requirements and Standard Conditions: (f) “A copy of the current Registration Certificate as issued by the City and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each Vacation Rental or Homesharing Interest, including without limitation, web based advertising, hosting platform, print media, and television. Palm Springs Municipal Code §5.25.090 (b) – Violations (b) “Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. ADMINISTRATIVE REGULATION “Violation Count for Purposes of Suspending a Vacation Rental Certificate”- Effective 8/2017 Procedure: A. Section 5.25.090(b) specifies, “Upon the third violation in any twelve (12) month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years.” Following is a clarification how violations are counted. Item 5 - Page 3 Administrative Appeals Board Staff Report June 26, 2024 -- Page 4 Vacation Rental Appeal – 2311 N. Whitewater Club Dr., Palm Springs, CA 1. Administrative citations for violations of Chapter 5.25 issued to the Vacation Rental guest, Owner, or Owner’s agent prior to April 16, 2017, will count towards the calculation of the three (3) violations in any twelve (12) month period for suspending the Vacation Rental Certificate for such property in accordance with Section 5.25.090(b). 2. There will be no suspension unless at least one (1) violation occurs under new Ordinance No. 1918. 3. Appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2017 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.” Patrick Clifford Assistant Director Department of Special Program Compliance Attachments: Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation A7506 and officer report 4 Administrative Citation A7123 and officer report 5 Administrative Citation A7983 and officer report 6 2311 N. Whitewater Club Dr. Suspension letter 7 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 MIKE VALLES FOR THE PROPERTY LOCATED AT 2311 N. WHITEWATER CLUB DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A7983 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #3438 Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, the City investigated in detail and found the property 2311 N. Whitewater Club Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(g) on May 19, 2023, and issued administrative citation A7506; and WHEREAS, the City investigated in detail and found the property 2311 N. Whitewater Club Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(g) on September 1, 2023, and issued administrative citation A7123; and WHEREAS, the City investigated in detail and found the property 2311 N. Whitewater Club Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(g) on March 8, 2024, and issued administrative citation A7983; and WHEREAS, upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years; and WHEREAS Mike Valles, owner for the property, was issued a suspension of the Vacation Rental Registration Certificate for a period of two-years for the property located at 2311 N. Whitewater Club Dr., Palm Springs, California on March 28, 2024, with an effective suspension date of April 22, 2024, and WHEREAS, Mike Valles for the property located at 2311 N. Whitewater Club Dr., Palm Springs, California filed an administrative appeal of the suspension of the Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50 WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on June 26, 2024; and Item 5 - Page 6 Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Mike Valles, owner for the property located at 2311 N. Whitewater Club Dr., Palm Springs, is in violation pursuant to Section 5.25.090 (b) 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 June 26, 2024; 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 5.25.090(b). The Administrative Appeals Board upholds administrative citation A7983 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 2311 N. Whitewater Club Dr., Palm Springs, California The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b). The Administrative Appeals Board overturns administrative citation A7983 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 2311 N. Whitewater Club Dr., Palm Springs, California THIS PORTION OF PAGE BLANK Item 5 - Page 7 • • Resolution ____ 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 Item 5 - Page 8 ATTACHMENT 2 Item 5 - Page 9 Item 5 - Page 10 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA BEFORE THE ADMINISTRATIVE APPEALS BOARD TO: Mike Valles NOTICE IS H ERE BY GIVEN, pursuant to Palm Springs Municipal Cod e §2.50.080(d), of the Appeal Hearing before the A dmini strative Appeals Board, on the decision of the D ep a rtment of Special Program Compliance, Violation of th e Palm Springs Muni cipal Code 5.25, w ith respect to vacati on rental operations located at 23 11 N. Whitewater C lub Dr., Pa lm Springs, CA. 92262. Hearing Date : Hearing Time: June 26, 2024 5:3 0 p.m. Location: City Hall Large Conference Room 3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262 Th e Adminis trative A ppeals Board re quests th a t if yo u have s uppl e m enta l d ocum e nt a ti on/evidence, t ha t yo u pro v id e s uc h doc umenta ti o n 24-h o urs in a dvance of the hearin g. You m ay sub mi t your d ocume nta ti o n in p erson or v ia email at CityClerk@ palms pringsca.gov . D ocum e ntati o n s ubmitted at the meeting w ill be acce pte d ; however, if th e B oard does not think it has a deq ua te tim e to review your d oc um e nta ti o n, yo ur a ppeal hearing m ay be cont in ued to a fu ture meet ing. A bilingual and/or AS L interpret er w ill be made availabl e, at no cost, up on request at least 48 -hours in advance of th e hearing. Please contact the Offi ce of the C ity C lerk at (760) 323 -8204 or v ia e mai l at CityClerk@ palms prings ca.gov. State of C alifornia ) County of Ri ve rside ) ss. C ity of Palm Springs ) AFFIDAVIT OF MAILING I, Cassandra E dney, De puty C ity Clerk of the C ity of Palm Springs , California, do hereby certify that the Notice of H earing before the Admin istrati ve A ppeals Board was emailed to the parties at the address above, o n June 3, 2024. I decl a re under penal ty of p erjury that the foregoing is true and correc t. ~dney D eputy C ity Clerk ATTACHMENT 3 Item 5 - Page 11 Item 5 - Page 12 RECEIVED City of Pal m Sp rin gs APR O 9 2024 Office of t he City Clerk 3200 E. Tahquitz Canyon Way, Palm Sp r ings, CA 9~1CE OF THE CITY CLERK TEL: (760) 323-8204 I FAX : (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RE NTAL CERTIF ICATE SUSPENSION , REVOCAT ION OR DENIAL AVISO ESCRITO DE FORMULARIO DE APELACl6N PARA SUSPENS16N REVOCACl6N O NEGACl6N DEL CERTIFICADO DE ALQUILER DE VACACIONES If you have received a Suspension, Revocati on or Denial Notice of a Vacation Rental Registration Certificate from the City of Palm Springs Vacation Rental Compliance Department, please use this form to request an appeal. You must include payment of the appeal fee with this fo rm . / Si recibi6 u n aviso de suspension revocaci6n o denegacion de un certificado d e r egistro de alquiler vacac io nal d el Departame nto de cumplim i en t o de alqui le res vacacio nal es d e l a ciu d ad d e Pa lm Springs, utilice este formulario para solicitor una apea l aci6n . Debe incluir el pogo de la tori/a de a pe/aci6n co n este form ul ario . APPELLANT INFORMATION/ INFORMACIQN DEL APLICANTE NAM E/ NOMBRE E-MAIL/ CORREO ELECTR NICO ADDRESS / DIRECCI N STATE / ESTADO ZIP /C DIGO VACATI ON PROPERTY ADDRESS, IF APP LI CABLE / DIRECCIO N DE PROPIEDAD VACACIO NAL, SI ES AP LI CABLE 3I Page This completed form must be sent to: City of Palm Springs : Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Item 5 - Page 13 City of Palm Springs Office of the City Clerk 3200 E. Tahqu i t z Canyon Way, Pa lm Sp r in gs, CA 9 2262 TEL : (760) 323-8204 I FAX: (7 60) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVOCATION OR DENIAL PLEASE COMPLETE THE FOLLOWING QUESTIONS/ POR FAVOR COMPLETE LAS SIGUIENTES PREGUNTAS: ATTACH ADDIONAL SHEETS, AS NECESSARY. PLEASE BE DETAILED; YOU MAY ALSO PRESENT FACTS AND EVIDENCE AT THE TIME OF YOUR APP EAL HEARING./ ADJUNTE HOJAS ADICIONALES, COMO NECESARlO. POR FAVOR DETALLADO; TAMBltN PUEDE PRESENTAR HECHOS Y PRUEBAS AL MOMENTO DE SU AUDIENCIA DE APELACION . 1 . State the speclfic actio n being appealed / lnaique la accion especffica que se esta apeTando. fll O r {,t f rO l-f<z I ~ (P-t/' w~ C.,, o {}.-€_, µ,c / M ~ i~ 3. Spe cify the relief you are seekin g / Especifique el alivio que busca. ~d()A) ' 41 Pag e City of Palm Springs FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 Like No Place Else! 04/09/2024 11:01AM Shahriar 002581-0001 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 1451 -------------- Change due $0.00 Paid by: INTERIOR ILLUSIONS | FEE FOR ADMINISTRATVIE APPEAL CITATION#A7983 Thank you for your payment CUSTOMER COPY Item 5 - Page 14 ATTACHMENT 4 Item 5 - Page 15 Item 5 - Page 16 CITY OF PALM SPRINGS Vacation Rental Enforcement A Administrative Citation • Property Owner • Other 750, NAME (First, Middle, Last): provision(s). Count PSMC Description 3 . COMPLIANCE ORDER You are ordered to correct or otherwise remedy this/these violations by I J\ l\,\ , I You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above . Payment must be paid in full by the compliance date to avoid additional penalties . The total CITATION ADMINISTRATIVE FINE SCHEDULE First Citation in a 12-Month Period Failure to correct the violation and pay the Administrati result in an additional $500.00 penalty. $500.00 per count Fine within 1 .-li ays will • Second Citation in a 12-Month Period $1,000.00 per count SECOND ATTEMPT TO OBTAIN COMPLIANCE. Failure to correct the violation and pay ALL Administrative Fines within 10-days will result in an additional $1 ,000 .00 penalty. D ___ Citation in a ___ Month Period $1,000.00 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY MAY RESULT IN A PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS -ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY. Signature Date of Issuance Type of Service D Personal • Mail SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITE: Property Owner/Resident • YELLOW: Process ing • PINK: File Item 5 - Page 17 \,I I , vr r"'-Lm i>r""runu~ DEPART~ENT OF VACATION RENTAL COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION • PLEASE REAP COMPLETELY ANP CAREFULLY You have been issued an Administrative Citation for violation(s) as indicated on the reverse. ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen (15) calendar days from the date the citation is deemed served. Payment can be made by credit/debit card on- line at www.CitationProcessingCenter.com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, personal check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order, and mail ii to the address below . .W.O NOT send your payment to the City of Palm Springs Offices.) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach , CA 92658-7275 HOW TO APPEAL THIS CITATION Payment must be made prior to appealing a citation . A responsible party receiving an administrative citation may appeal such citation within fifteen (15) calendar days from the date the citation is deemed served. An appeal must be filed in writing by using the standard Appeal Form available from the City's website at www.palmspringsca .gov specifying the appellant's full name , mailing address, citation number, and the basis for the appeal. You may also appeal after paying on -l ine at www.CitationProcessingCenter.com. (PO NOT send your appeal request to the City of Palm Springs Offices: send it to the payment address above.) FAILURE TO ANSWER OR PAY PENALTY FOR YIOLATION(Sl Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordation of a special lien against your property. In addition, notific~tion may be made to the State of California Franchise Tax Board. Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. APPIJIONAL INFORMATION For further information regarding the specific citation, compliance order, or to request an extension of the compliance date, please contact the City of Palm Springs Vacation Rental Compliance Department. Additional Enforcement Officer Notes: Item 5 - Page 18 City of Palm Springs 425 N Ovic Dr • Pa lm Sp rin gs, Cali fo rn ia 92262 Tel: (760) 3 22-8382 • Fax: (760) 3 22-83 17 • www.p,-vacationrentalcompliance.com Department of Special Program Compliance May 24 , 2023 Mike Valles Subject: l51 CITATION NOTICE -VACATION RENTAL Reference: Vacation Rental Property: 2311 N Whitewater Club Dr, Palm Springs, CA 92262-4015 Dear Vacation Rental Owner: Please be advised that our office has the following citations recorded for your Vacation Rental property: DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 05/19/2023 A7506 Music Audible at Property Line 0S .25.070(g) Pursuant to Palm Springs Municipal Code §S.25.090(b), "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years". Pursuant to Palm Springs Municipal Code §S.25.090(f), "The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate. If you have any questions, please do not hesitate to contact me directly at 760-322-8372 . You can find additional information on the Vacation Rental Ordinance by visiting our website : www.psvacationrentalcompliance .c om Sincerely, v~- Patrick Clifford Executive Program Administrator The Department of Special Program Compliance Cc: File, VR Property Pos t Office Box 274 3 • Palm Springs, Cali fo rnia 9 226 3-274 3 Item 5 - Page 19 Vacation Rental Code Compliance Officer Event Report Date Friday, May 19, 2023 Friday, May 19, 2023 Date of the Event Friday, May 19, 2023 Time received the complaint from the Hotline : 2:29 PM Property Address 2311 N Whitewater Club Dr 92262 Is this a registered vacation rental? Yes Is this a unit in a Condominium complex? No Was there a Contract Summary on fi le for this property / guest stay? No Location of the noise source? Backyard Patio Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to : Shelby Scuderi Code Section Violated : Music at the property line 5.25 .070(g) Type of noise source? Speaker Upon Arrival found the following : Time 3:33 PM T YP E OF REPORT VACATION RENTAL ENFORCEMENT Time arrived at the property: 2:46 PM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Type of a Complaint Reported : (You may select more then one) Music coming from the property Please input dB levels. It's recommended to take a reading every two minutes Time dB level dB reading one dB reading two dB reading three 1448 1450 1452 59.4 60.6 51.4 At which location on the property or off the property were you present when you witnessed the violation? Frontyard Citation Number (if applicable) A7506 Total time amount witnessing the violation : 10 minutes Was Citation issued? Yes Create your own automated PDFs with Jotform PDF Editor-It's free ~ Jotform Item 5 - Page 20 Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the violation if applicable Additional Notes: Arrived at the location at 2:46 PM with Code Officer Jake Gonzale z and observed three vehicles parked in the street and one parked on the street directly in front of the property. This home is registered as a four-bedroom, so there was no violation in regards to vehicles. As I approached the front of the residence, I stood facing southwest in front of the driveway at the property line where I was able to hear loud music coming from the rear yard of the residence . After conducting my investigation, I made contact at the front door with and asked the occupants if they were renting the property. The primary guest, Shelby, stated that she rented via Airbnb with a check-in date of yesterday and check-out on Sunday, 5/21 /23. After issuing the citation, both Officer Gonzalez and myself reiterated the rules for music, and provided a good neighbor brochure . After departing the I II d d left a voicemail for the reporting party, f the resolution . I then called and p ontact, Scott, to advise him of the complaint and the violation that was observed. Scott stated that he would have the property owner contact me. As of the time of completing this report, I have not heard from the owner. Additionally, a thorough search was conducted to determine if a contract summary had been submitted. I was unable to locate one for this stay. As a result, a citation will be issued to the property owner for 5.25.070(h). Has this event been communicated to the Local Contact for this property? Yes Code Compliance Officer submitting the form: Jason Whittaker Code Compliance Officer Email: jason.whittaker@palmspringsca .gov Number of Code Officers responding to the event: 2 Code Officer Name #1: Jason Whittaker Code Officer Name #2: Jake Gonzalez Create your own automated PDFs with Jotform PDF Editor-It's free 2 ~ Jotform Item 5 - Page 21 City of Palm Springs 425 N Civic Dr • Pa lm Springs, Californ ia 92262 Tel: (760) 322-8382 • Fa x: (760) 322-83 17 • wv.,\ .. J""1rntionrenmlm mpliancc.com Department of Special Program Complian ce September 4, 2023 Mike Va ll es Subject: SECOND CITATION NOTICE -VACATION RENTAL Reference: Vacation Rental Property: 2311 N. Whitewater Club Dr., Palm Springs, CA, 92262 Dear Vacation Rental Owner: Please be advised that our office has the following citations recorded for your Vacation Rental property: DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 5/19/23 A7506 Music audible at property line 5.25.070(g) 9 /1/23 A71 23 Music audible at property line 5.25.070(g) Pursuant to Palm Springs Municipal Code §S.25.090(b), "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years". Pursuant to Palm Springs Municipal Code §S.25.090(f), "The appeal and hearing provisions of Chapter 2.5 0 shall apply to any revocation or suspension of a Registration Certificate. If you have any questions, please do not hesitate to contact me directly at 760-322-8372. You can find additional informatio n on the Vacation Rental Ordinance by visiting our webs ite: www.psvacationrenta l comp li ance.com Execut ive Program Administrator The Department of Special Program Compliance Cc: File, VR Property Post Office Box 274 3 • Pa lm Springs, Cali fo rn ia 92263-2 74 3 ✓ ATTACHMENT 5 Item 5 - Page 22 Item 5 - Page 23 CITY OF PALM SPRINGS Vacation Rental Enforcement A Administrative Citation I DATE DAY OF WEEK TIME I LOCATION OF VIOLATION • Property Owner • Other DL or ID Count PSMC Description 1. 2 . 3 . COMPLIANCE ORDER 0 You are ordered to correct or otherwise remedy this/these violations by 0 You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above . Payment must be paid in full by the compliance date to avoid additional penalties . The total CITATION PENALTY due is$ _____ _ ADMINISTRATIVE FINE SCHEDULE 0 First Citation in a 12-Month Period $500.00 per count Failure to correct the violation and pay the Administrative Fine within 10-days will result in an additional $500.00 penalty. • Second Citation in a 12-Month Period $1,000.00 per count SECOND ATTEMPT TO OBTAIN COMPLIANCE . Failure to correct the violation and pay ALL Administrative Fines within 10-days will result in an additional $1,000.00 penalty. 0 ___ Citation in a ___ Month Period $1,000.00 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY MAY RESULT IN A PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS -All COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY. Name and Dept. of Issuing Enforcement Officer Signature / Date of Issuance Type of Service D Personal D Mail SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITE : Property Owner/Resident • YELLOW: Processing • PINK : File Item 5 - Page 24 CITY OF PALM SPRINGS DEPARTMENT OF VACATION RENTAL COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION • PLEASE READ COMPLETELY AND CAREFULLY You have been issued an Administrative Citation for violation(s) as indicated on the reverse .ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen {15) calendar days from the date the citation is deemed served. Payment can be made by crediVdebit card on- line at www.CitationProcessingCenter.com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, personal check, or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order, and mail it to the address below. 1!2Q NOT send your payment to the City of Palm Springs Offices.} City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO APPEAL THIS CITATION Payment must be made prior to appealing a citation. A responsible party receiving an administrative citation may appeal such citation within fifteen (15) calendar days from the date the citation is deemed served. An appeal must be filed in writing by using the standard Appeal Form available from the City's website at www.palmspringsca.gov specifying the appellant's full name, mailing address, citation number, and the basis for the appeal. You may also appeal after paying on-line at www.CitationProcessinqCenter.com. (DO NOT send your appeal request to the City of Palm Springs Offices: send it to the payment address above.) FAILURE TO ANSWER OR PAY PENALTY FOR YIQLAJION{Sl Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordatlon of a special lien against your property. In addition, notification may be made to the State of California Franchise Tax Board. Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed ,eonstitutes a separate and distinct offense and shall be subject to citation. ADDITIONAL INFORMATION For furth~r information regarding the specific citation, compliance order, or to request an extersion of the compliance date, please contact the City of Palm :Sp,;ngs Vacation Rental Compliance Department. Additional Enforcement Officer Notes: Item 5 - Page 25 Vacation Rental Code Compliance Officer Event Report Date of report submission Friday, September 1, 2023 Friday, September 1, 2023 Date of the Event Friday, September 1, 2023 Time received the complaint from the Hotline: 10:30 PM Property Address 231 1 N Whitewater Club Dr 92262 Is this a registered vacation rental? Yes Is this a unit in a Condominium complex? No Was there a Contract Summary on file for this property / guest stay? Yes Location of the noise source? Backyard Pa tio Time of report submission 11:21 PM TYPE OF REPORT VACATI ON RENTAL ENFORCEMEN T Time arrived at the property: 10:38 PM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Type of a Complaint Reported: (You may select more then one) Music coming from the property Please input dB levels. It's recommended to take a reading every two minutes Time dB level dB reading one 2239 45.1 dB reading two 2241 47.9 dB reading 2243 42.2 three At which location on the property or off the property were you present when you witnessed the violation? On street in front of the location Citation Number (if applicable) A7123 Total time amount witnessing the violation: 10 minutes Was Citation issued? Yes Item 5 - Page 26 Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Martha Diaz Code Section Violated: Music at the property line 5.25.070(g) Type of noise source? Speaker Upon Arrival found the following: Music at the property line I Please add detailed notes regarding this ca I: Arrived at property at approximately 10:38 pm in reference to a loud music call. From the street in fro of the property, I was able to hear music beyond the property line. I performed a decibel reading of the m sic that was bein heard, and I was able to Shazam the ong to verify my observations. Based on the violation witnessed I iss ed the citation for music beyond property line. The repo~ing party didn't leave any call back information, so I wasry't able to touch base on my resolution. I called the local contact on file and notified them of the complaint an! a citation was issued to the responsible renter. Code Compliance Officer submitting the fo m: Johnathan Ingram Code Compliance Officer Email: johnathan.ingram@palmspringsca.gov Number of Code Officers responding to the event: 2 Code Officer Name #1: Johnathan Ingram Code Officer Name #2: Jake Gonzalez 2 Item 5 - Page 27 Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the violation if applicable 3 Item 5 - Page 28 4 Item 5 - Page 29 Vacation Rental Code Compliance Officer Event Report Please attached pictures supporting the recorded decibel reading 5 Item 5 - Page 30 Please select occupant below Guest Please enter the time the local contact was called back 11:00 PM Did the reporting party request a call back? No 6 Item 5 - Page 31 City of Palm Springs March 13, 2024 Michael Valles 425 N Chlc Dr • Pa lm S pri ngs , California 92262 Tel : (760) 322-8382 • Fax: (760) 322-83 17 • www.p,vacationrentalcomplianre.rom Department of Special Program Compliance Subject: THIRD CITATION NOTICE -VACATION RENTAL Reference: Vacation Rental Property: 2311 N. Whitewater Club. Palm Springs. CA. 92262 Dear Vacation Rental Owner: Please be advised that our office has the following citation(s) recorded for your Vacation Rental property: DATE OF VIOLATION CITATION NUMBER VIOLATION PSMC 3/8/24 A7983 Music audible at property line 5 .25.070(g) 9/1/23 A7123 Music audible at property line 5.25.070(g) 5/19/23 A7506 Music audible at property line 5.25.070(g) Pursuant to Palm Springs Municipal Code §5.25.090{b), "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years". Pursuant to Palm Springs Municipal Code §S.25.090(f), "The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate. If you have any questions, please do not hesitate to contact me directly at 760-322-8372. You can find additional information on the Vacation Rental Ordinance by visiting our website: www.psvacationrenta lcompliance.com Sincerely, Patrick Clifford Executive Program Administrator Special Program Compliance Cc: File, VR Property Post Office Box 274 3 • Palm Springs, California 92263-2743 ATTACHMENT 6 Item 5 - Page 32 Item 5 - Page 33 • . . I DATE CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation DAY OF WEEK I LOCATION OF VIOLATION ID Agent D Tenant D Property Owner D Other NAME (First, Middle, Last): Count 1. 2. 3. PSMC Description A COMPLIANCE ORDER TIME DL or ID AM PM D You are ordered to correct or otherwise remedy this/these violations by D You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above. Payment must be paid in full by the compliance date to avoid additional penalties. The total CITATION ADMINISTRATIVE FINE SCHEDULE 0 First Citation in a 12-Month Period $500.00 per count Failure to correct the violation and pay the Administrative Fine within 10-days will result in an additional $500 .00 penalty. D Second Citation in a 12-Month Period $1,000.00 per count SECOND ATTEMPT TO OBTAIN COMPLIANCE. Failure to correct the violation and pay ALL Administrative Fines within 10-days will result in an additional $1,000.00 penalty. D ___ Citation in a ___ Month Period $1,000.00 per count FINAL ATTEMPT TO OBTAIN COMPLIANCE -FAILURE TO COMPLY MAY RESULT IN A PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS -ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY. Name and Dept. of Issuing Enforcement Officer Signature Date of Issuance Type of Service D Personal D Mail SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION WHITE: Property Owner/Resident • YELLOW: Processing • PINK : File Item 5 - Page 34 CITY OF PALM SPRINGS DEPARTMENT OF VACATION RENTAL COMPLIANCE ADMINISTRATIVE CITATION IMPORTANT INFORMATION -PLEASE READ COMPLETELY AND CAREFULLY You have been issued an Administrative Citation for violation(s) as indicated on the reverse . ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMINAL PROSECUTION AND/OR ADDITIONAL ADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administrative Citation. The fine must be paid within fifteen /15) lendar days from the date the citation is deemed served. Payment can ri ade by credit/debit card on- line at www.CitationProcessingCenter.cc by calling 1-800-969-6158. Payments are also accepted in the torn cashier's check, personal check, or money order payable to the City o Springs. Payment of the fine does not excuse or discharge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the citation number on the check/money order. and mail it to the address below . .(QQ NOT send your payment to the City of Palm Sprjngs Offices.) City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO APPEAL THIS CITATION Payment must be made prior to appealing a citation . A responsible party receivirig an administrative citation may appeal such citation within fifteen 115) calendar days from the date the citation is deemed served. An appeal must be filed in writing by using the standard Appeal Form available from the City's website at www.palmspringsca.gov specifying the appellant's full name. mailing address . citation number, and the basis for the appeal. You may also appeal after paying on-line at www.CitationProcessingCenter.com. (PO NOT send your appeal request to the City of Palm Springs Offices: send it to the payment address above.) FAILURE TO ANSWER OR PAY PENALTY FOR YIOLATION(Sl Failure to pay the penalty or contest the citation within fifteen (15) calendar days may result in additional administrative fines and the recordation of a special lien against your property. In addition, notification may be made to the State of California Franchise Tax Board. Palm Springs Municipal Code provides for the issuance of administrative citations for Municipal Code Violations. Fines are cumulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation. ADDIIIONAL INFORMATION For further information regarding the specific citation, compliance order, or to request an extension of the compliance ciate, please contact the City of Palm Springs Vacation Rental Compliance Department. Additional Enforcement Officer Notes: Item 5 - Page 35 Vacation Rental Code Compliance Officer Event Report Date of report submission Friday, M arch 8, 2024 Friday, March 8, 2024 Date of the Event Friday, M a rch 8, 2024 Time received the complaint from the Hotline: 12:48 PM Property Address 2311 N Whitewater Club Dr 92262 Is this a registered vacation rental? Yes Is this a unit in a Condominium complex? No Was there a Contract Summary on file for this property / guest stay? Yes Location of the noise source? Backyard Patio Time of report submission 2:42 PM TYPE OF REPORT VACATION RENTA L ENFORCEMENT Time arrived at the property: 1:07 PM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Type of a Complaint Reported : (You niay select more then one) Music coming from the property Please input dB levels. It's recommended to take a reading every two minutes Time dB level dB reading one 1309 50.1 dB reading two 1311 46.1 dB reading 1373 47.2 three At which location on the property or off the property were you present when you witnessed the violation? On street i n front of the location Citation Number (if applicable) A7983 Total time amount witnessing the violation: 70 minutes Was Citation issued? Yes Item 5 - Page 36 Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Richa rd Franco Code Section Violated: Music at the property line 5.25.070(g) Type of noise source? Speaker Upon Arrival found the following: Music at the property line Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the vio lation if applicable Please add detailed notes regarding this call: I arrived at the property at 1 :07 pm, where I was later joined by Code Supervisor Nabhan . As I exited my city- assigned work vehicle , I was immed iately able to hear music coming from the backyard of the res idence . I conducted my investigation by sta nd ing in the street facing the residence from the property line, whe re I took my decibel readings, I then uti lized my department- issued cell phone, where I used the song identifying app 'Shazam'. The app was immediately able to detect the song that was playing . I then attempted to make contact at t he door with the occupants, however, it seemed the music was too loud to for them to hear the repeated knocking and ringing of the doorbell. As a result. I called and spoke to the local contact, Scott, who indicated that he would try to contact the guest via the Airbnb.com messaging feature. After several more minutes, the occupants came to the door and I was able to speak w ith the responsib le rente r, Richard Franco. Franco wa s ultimately issued a citation for the witnessed violat io n, and I went over the payment process with him . Code Supervisor Nabhan also reiterated the ordinance to Franco as I completed the citation. No follow-up was requested by the report ing party. Has this event been communicated to the Local Contact for this property? Yes Code Compliance Officer submitting the form: Jason Whittaker Code Compliance Officer Ema il: jason.whittaker@palmspringsca.gov Number of Code Officers responding to the event: 2 Code Officer Name #1: Jason Whittaker Code Officer Name #2: Mitch Nabhan 2 Item 5 - Page 37 3 Item 5 - Page 38 4 Item 5 - Page 39 Vacation Rental Code Compliance Officer Event Report Pl ease attached pictures supporting the recorded decibel reading 5 Item 5 - Page 40 Item 5 - Page 41 Please select occupant below Please enter the time the local contact was called back 1:20 PM Did the reporting party request a call back? 7 ATTACHMENT 7 Item 5 - Page 42 Item 5 - Page 43 j . ,._' · March 28, 2024 City of Palm Springs Department of Special Program Compliance 425 North Civic Drive • Palm Springs, California 92262 Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov Re: Suspension of Short-Terll) Vacation Rental Certificate 3438 for 2311 N. Whitewater Club Dr., Palm Springs, CA92262 U,pon review of the recent activity at your Vacation Rental property at 2311 N. Whitewater Club Dr., Palm Springs, the City of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. I~ order to minimize the negative impact to the near-term guests visiting our ci~ who may be currently booked at your property, the suspension period will begin on April 22, 2024, and will end on April 22, 2026. All advertising of your property for short-term renting must cease immediately. During the suspension period, your property may not be rented for short-term stays (28 days or less) but you may rent your property as a long term rental. This suspension is being made in accordance with the City of Palm Springs Municipal Code Sectio.n 5.25.090(b) as follows: "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years." Duringthe last 12 months, the following citations have been issued to the property. (!=opies are attached): DATE OF VIOLATION CITATION VIOLATION ·NUMBER 3/8/24 A7983 Music Audible at Property Line 9/1/23 A7123 Music Audible at Property Line 11 5/19/23 A7506 Music Audible at Property Line PSMC 5.25.070(g) 5.25.070(g) 5.25.070(g) I ~uring your suspension, Transient Occupancy Tax returns and annual renewal fees will still be due unless you i choose to complete and submit the enclosed Owner's Request to Close TOT Permit and Vacation Rental · Certificate form. You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f), Post Office Box 2743 • Palm Springs, California 92263-2743 Item 5 - Page 44 I and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will ·be heard by the · Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of the third Administrative Citation A7983 mt.ist be addressed at this Administrative Appeals Board hearing pursuant to the Administrative Regulation. Please also see the attached Written Notice of Appeal Form and Filing Process information; or feel free to contact the Department of Special Program Compliance at #760-322-8382 with questions. Should you choose to appeal this suspension, your suspension doei; go into effect on April 22, 2024, in accordance with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board hearing. Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals Board is a violation of PSMC Section S.25.090(c}. To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable appeal fee of $911.00 must be received by the City Clerk's office no later than April 18, 2024, and should be addressed to: Respectfully, I / / I ft_,,-s~~~• ~ :---- City Manager '(f cc: File; City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263