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Home My WebLink AboutAB0644 - Manansala Packet - Item 7ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: June 26 2024 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT DENMARK MANANSALA 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 VACATION RENTAL PROPERTY LOCATED AT 2292 E. BELLAMY RD., PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Denmark Manansala 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 Vacation Rental property located at 2292 E. Bellamy 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 DENMARK MANANSALA, FOR THE PROPERTY LOCATED AT 2292 E. BELLAMY RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0644 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report June 26, 2024 Vacation Rental Appeal – 2292 E. Bellamy Rd., Palm Springs BACKGROUND The property located at 2292 E. Bellamy Rd., was previously a registered Vacation Rental with Vacation Rental certificate number 3298. This certificate was revoked on August 31, 2023, as a result of Resolution No. 0262 of the Administrative Appeals Board. ATTACHMENT 5. The Administrative Appeals Board upheld an administrative decision that Denmark Manansala is permanently ineligible to operate a Vacation Rental in the City of Palm Springs for a violation for the property located at 2905 N. Cerritos Rd. STAFF ANALYSIS: The owner for the property located at 2292 E. Bellamy Rd., Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on December 22, 2023. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 2292 E. Bellamy Rd., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/40286610 listed as “Bellamy Home” ATTACHMENT 6 2. Advertisement Airbnb.com/rooms/40286610 lists minimum stay 3-nights. ATTACHMENT 6 3. Advertisement Airbnb.com/rooms/40286610 lists guest stays after the certificate revocation date ATTACHMENT 6 4. A Code Compliance Officer submitted an online booking inquiry to stay during the dates March 15, 2024, through March 19, 2024 (4-Nights). ATTACHMENT 7 5. A response was received by the Code Compliance Officer confirming availability for the dates March 15, 2024, through March 19, 2024 (4-Nights); ATTACHMENT 7 Staff finds that the advertisement found on Airbnb.com/rooms/40286610 and inquiry affirmation for the dates March 15, 2024 through March 19, 2024 (4-Nights) for stay at property 2292 E. Bellamy Rd., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0644, in the amount of $5,000, to Denmark Manansala, the owner 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. 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: Administrative Appeals Board Staff Report June 26, 2024 Vacation Rental Appeal – 2292 E. Bellamy Rd., Palm Springs "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. 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 Appeals Board Staff Report June 26, 2024 Vacation Rental Appeal – 2292 E. Bellamy Rd., Palm Springs Patrick Clifford Assistant Director Department of Special Program Compliance Attachments: 1 2 3 4 5 6 7 AB0644 Resolution no. _____ Notice of Appeal Hearing Administrative citation Appeal Letter Administrative citation AB0644 & citation letter Revocation Letter and Resolution 0292 Copy of the Airbnb.com/rooms/40286610 advertisement Copy of Code Compliance Inquiry THIS PORTION OF PAGE BLANK ATTACHMENT 1 RESOLUTION NO. ____ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF DENMARK MANANSALA FOR THE PROPERTY LOCATED AT 2292 E. BELLAMY RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0644 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 Denmark Manansala did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 2292 E. Bellamy Rd., 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, “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. AB0644, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on December 22, 2023, to Denmark Manansala for the property located at 2292 E. Bellamy Rd., Palm Springs; and WHEREAS, Denmark Manansala filed an administrative appeal of the Administrative Citation No. AB0644 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 2292 E. Bellamy Rd., 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 Denmark Manansala violated Section 5.25.040(a) of the Palm Springs Municipal Code by an advertisement listed on Airbnb.com/rooms/40286610 for the property located at 2292 E. Bellamy Rd., Palm Springs; and Resolution No. Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Denmark Manansala 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 2292 E. Bellamy Rd., Palm Springs, and confirmation of a period less than twenty-eight (28) days; March 15, 2024, through March 19, 2024 (4-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 Denmark Manansala is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2292 E. Bellamy 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 Denmark Manansala is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2292 E. Bellamy Rd., Palm Springs and the fine of $5,000. 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 ATTACHMENT 2 ATTACHMENT 3 City of Palm Springs, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 02/13/2024 05:33PM Shahriar 002268-0028 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 141 -------------- Change due $0.00 Paid by: DENMARK MANANSALA | APPEAL#AB0644 - ADMINISTRATIVE APPEAL FEE - CITY CLERK Thank you for your payment CUSTOMER COPY ATTACHMENT 4 ATTACHMENT 5 RESOLUTION NO. 0262 A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION THAT DENMARK MANANSALA 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 VACATION RENTAL PROPERTY LOCATED AT 2905 N. CERRITOS RD., PALM SPRINGS, CALIFORNIA Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Denmark Manansala did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 2905 N. Cerritos Rd., 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, “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. AB0429, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on November 30, 2022, to Denmark Manansala for the property located at 2905 N. Cerritos Rd., Palm Springs; and WHEREAS, Denmark Manansala, filed an administrative appeal of the Administrative Citation No. AB0429 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 2905 N. Cerritos Rd., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on June 28, 2023; and WHEREAS, the Administrative Appeals Board was presented evidence that Denmark Manansala violated Section 5.25.040(a) of the Palm Springs Municipal Code Resolution No. 0262 Page 2 by an advertisement on Airbnb.com/rooms/47474308 for the property located at 2905 N. Cerritos Rd., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Denmark Manansala violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 2905 N. Cerritos Rd., Palm Springs and confirmed a period less than twenty-eight (28) days; December 22, 2022, to December 27, 2022 (5-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on June 28, 2023; 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 Denmark Manansala is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2905 N. Cerritos 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 Denmark Manansala is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2905 N. Cerritos Rd., Palm Springs and the fine of $5,000. Resolution No. 0262 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 28th DAY OF JUNE 2023. Michael Paonessa Chair ATTEST: Brenda Pree, MMC, CERA City Clerk Resolution No. 0262 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. 0262 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 28th day of June 2023, by the following vote: AYES: Board member Moses, Board member Basile and Acting Chair Sinclair NOES: None ABSENT: Chair Paonessa and Vice-Chair Kane 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 5th day of July 2023. Brenda Pree, MMC, CERA City Clerk ATTACHMENT 6 ATTACHMENT 7