HomeMy WebLinkAboutAB0423;AB0557;AB0669 - Mohajerin Packet - Item 6ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: June 26, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT ASHKAN
BY:
MOHAJERIN, IS PERMANENTLY INELIGIBLE TO OPERATE A
VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE
ADMINISTRATIVE FINES OF $5,000 $10,000 AND $10,000 FOR
OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY
LOCATED AT 775 E. VISTA CHINO #2, PALM SPRINGS, CALIFORNIA
DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Ashkan Mohajerin has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fine of $10,000.00 for
operating an unregistered Vacation Rental property located at 775 E. Vista Chino #2,
Palm Springs. The appeal did not reference the first citation issued in the amount of
$5,000 and second and third citation issued in the amount of $10,000.
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 ASHKAN MOHAJERIN, FOR THE PROPERTY LOCATED AT 775
E. Vista Chino #2, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0423 ISSUED IN THE AMOUNT OF $5,000,
ADMINISTRATIVE CITATION AB0557 ISSUED IN THE AMOUNT OF $10,000,
ADMINISTRATIVE CITATION AB0669 ISSUED IN THE AMOUNT OF $10,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
THIS PORTION OF PAGE BLANK
Item 6 - Page 1
Administrative Appeals Board Staff Report
June 22, 2024
Vacation Rental Appeal – 775 E. Vista Chino #2., Palm Springs
STAFF ANALYSIS:
Citation AB0423
The owner for the property located at 775 E. Vista Chino #2, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on December 12, 2022.
Staff determined that the owner, without a Registration Certificate, advertised and
operated the property at 775 E. Vista Chino #2, as a Vacation Rental from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/748459843776313383 listed as “Palms and
Mountain View” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/748459843776313383 lists 1 review
ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates December 22, 2022, through December 26, 2022 (4-nights);
ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates December 22, 2022, through December 26, 2022 (4-
nights); ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/748459843776313383 and
inquiry affirmation for the dates December 22, 2022, through December 26, 2022 (4-
nights) for stay at property 775 E. Vista Chino #2, is in violation of §5.25.040(a) and
proceeded to issue Administrative Citation AB0423, in the amount of $5,000, to Ashkan
Mohajerin, the owner as listed on title, for operating a Vacation Rental without a Vacation
Rental Registration Certificate. The Administrative Citation was mailed by the Department
of Special Program Compliance staff to the mailing address on the grant deed.
Citation AB0557
The owner for the property located at 775 E. Vista Chino #2, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on July 23, 2023.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 775 E. Vista Chino #2, as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/896416191377462368 listed as “Palms and
Mountain” ATTACHMENT 8
2. Advertisement Airbnb.com/rooms/896416191377462368 lists minimum stay 2-
nights. ATTACHMENT 8
Item 6 - Page 2
Administrative Appeals Board Staff Report
June 22, 2024
Vacation Rental Appeal – 775 E. Vista Chino #2., Palm Springs
3. Advertisement Airbnb.com/rooms/896416191377462368 lists 4 reviews
ATTACHMENT 8
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates August 21, 2023, through August 26, 2024 (5-nights); ATTACHMENT 9
5. A response was received by the Code Compliance Officer confirming
availability for the dates August 21, 2023, through August 26, 2024 (5-nights);
ATTACHMENT 9
Staff finds that the advertisement found on Airbnb.com/rooms/896416191377462368,
inquiry affirmation and short-term rental agreement for the dates August 21, 2023,
through August 26, 2024 (5-nights) for stay at property 775 E. Vista Chino #2, is in
violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0557, in the
amount of $10,000, to Ashkan Mohajerin, the owner as listed on title, for operating a
Vacation Rental 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.
Citation AB0669
The owner for the property located at 775 E. Vista Chino #2, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on February 4, 2024.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 775 E. Vista Chino #2, as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/896416191377462368 listed as “Palms and
Mountain” ATTACHMENT 11
2. Advertisement Airbnb.com/rooms/896416191377462368 lists minimum stay 3-
nights. ATTACHMENT 11
3. Advertisement Airbnb.com/rooms/896416191377462368 lists 10 reviews
ATTACHMENT 11
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates March 28, 2024, through March 31, 2024 (3-nights); ATTACHMENT 12
5. A response was received by the Code Compliance Officer confirming
availability for the dates March 28, 2024, through March 31, 2024 (3-nights);
ATTACHMENT 12
Staff finds that the advertisement found on Airbnb.com/rooms/896416191377462368,
inquiry affirmation and short-term rental agreement for the dates March 28, 2024, through
March 31, 2024 (3-nights) for stay at property 775 E. Vista Chino #2, is in violation of
§5.25.040(a) and proceeded to issue Administrative Citation AB0669, in the amount of
$10,000, to Ashkan Mohajerin, the owner as listed on title, for operating a Vacation Rental
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
Item 6 - Page 3
Administrative Appeals Board Staff Report
June 22, 2024
Vacation Rental Appeal – 775 E. Vista Chino #2., Palm Springs
Additional Information
Three administrative citations for operating a Vacation Rental have been issued to the
owner on title, with an escalating fine amount. Each citation however has the penalty of
permanent ineligibility to operate a Vacation Rental in the City of Palm Springs, including
the address located at 775 E, Vista Chino #2. While the appeal mentions only the third
citation, staff finds that including the first citation and second citation is vital due to the
permanent ineligibility penalty applied.
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.
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.
Item 6 - Page 4
Administrative Appeals Board Staff Report
June 22, 2024
Vacation Rental Appeal – 775 E. Vista Chino #2., Palm Springs
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.”
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Item 6 - Page 5
Administrative Appeals Board Staff Report
June 22, 2024
Vacation Rental Appeal – 775 E. Vista Chino #2., Palm Springs
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 AB0423 & citation letter 4
AB0423 Copy of the Airbnb.com/rooms/748459843776313383
advertisement 5
AB0423 Copy of Code Compliance Inquiry 6
Administrative citation AB0557 & citation letter 7
AB0557 Copy of the Airbnb.com/rooms/896416191377462368
advertisement 8
AB0557 Copy of Code Compliance Inquiry 9
Administrative citation AB0669 & citation letter 10
AB0669 Copy of the Airbnb.com/rooms/896416191377462368
Advertisement 11
AB0669 Copy of Code Compliance Inquiry 12
Copy of the title reports and 13
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Item 6 - Page 6
ATTACHMENT 1
Item 6 - Page 7
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE
PROPERTY LOCATED AT 775 E. Vista Chino #2, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0423 ISSUED IN THE AMOUNT OF $5,000,
ADMINITSTRATIVE CITATION AB0557 ISSUED IN THE
AMOUNT OF $10,000, AB0669 ISSUED IN THE AMOUNT
OF $10,000 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 Ashkan Mohajerin did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 775 E. Vista Chino #2, 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, In the event the person continues to operate a vacation rental without a
vacation registration certificate, the person shall be liable for an administrative fine in
the amount of $10,000.00, 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. AB0423, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 12, 2023,
to Ashkan Mohajerin. for the property located at 775 E. Vista Chino #2, Palm Springs;
and
WHEREAS, Administrative Citation No. AB0557, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on July 28, 2023 to
Ashkan Mohajerin. for the property located at 775 E. Vista Chino #2, Palm Springs; and
Item 6 - Page 8
Resolution No.
Page 2
WHEREAS, Administrative Citation No. AB0669, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on February 6, 2024 to
Ashkan Mohajerin. for the property located at 775 E. Vista Chino #2., Palm Springs;
WHEREAS, Ashkan Mohajerin. filed an administrative appeal of the
Administrative Citation No. AB0669 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $10,000 for the property located
at 775 E. Vista Chino #2, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on June 26, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Ashkan Mohajerin. violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Airbnb.com/rooms/748459843776313383 for the property
located at 775 E. Vista Chino #2., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Ashkan Mohajerin. violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Airbnb.com/rooms/896416191377462368 for the property
located at 775 E. Vista Chino #2., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Ashkan Mohajerin. 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 775 E. Vista Chino #2.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; December
22, 2022, through December 26, 2022 (4-nights), August 21, 2023, through August 26,
2024 (5-nights) and March 28, 2024, through March 31, 2024 (3-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on June 26, 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
Ashkan Mohajerin is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 775 E. Vista
Chino #2, Palm Springs, and administrative citation AB0423 in the amount
of $5,000.
Item 6 - Page 9
Resolution No.
Page 3
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Ashkan Mohajerin is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 775 E. Vista Chino #2, Palm Springs, and
administrative citation AB0423 in the amount of $5,000.
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Ashkan Mohajerin is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 775 E. Vista
Chino #2, Palm Springs, and administrative citation AB0557 in the amount
of $10,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Ashkan Mohajerin. is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 775 E. Vista Chino #2, Palm Springs, and
administrative citation AB0557 in the amount of $10,000.
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Ashkan Mohajerin is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 775 E. Vista
Chino #2, Palm Springs, and administrative citation AB0669 in the amount
of $10,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Ashkan Mohajerin is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 775 E. Vista Chino #2, Palm Springs, and
administrative citation AB0669 in the amount of $10,000.
Item 6 - Page 10
Resolution No.
Page 4
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!
03/28/2024 02:07PM Shahriar
002504-0001
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
EERP TYLER PAYMENTS CC $511.00
************3889
Ref=9fda4ba4-2316-4b78-97e0-d11923ceba5f
Auth=01210D
EERP TYLER PAYMENTS CC $400.00
MasterCard ************5849
Ref=904d1fb1-ab03-4d59-aed2-e66784f03efe
Auth=02491P
Item 6 - Page 17
City of Palm Springs
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
Like No Place Else!
--------------
Change due $0.00
Paid by: ASHKAN MOHAJERIN | ADMIN
APPEAL FEE AB0669
Thank you for your payment
City of Palm Springs COPY
DUPLICATE RECEIPT
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