HomeMy WebLinkAboutItem 7 - AB0699 - Hirschi Staff PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: July 24, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MARK HIRSCHI &
ROBERT HIRSCHI ARE 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 6175
MONTECITO DR., UNIT #4, PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Mark Hirschi 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 6175 Montecito Dr., Unit #4, 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 MARK HIRSCHI & ROBERT HIRSCHI, FOR THE PROPERTY
LOCATED AT 6175 MONTECITO DR., UNIT #4, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0699 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 7 - Page 1
Administrative Appeals Board Staff Report
July 24, 2024
Vacation Rental Appeal – 6175 Montecito Dr., #4, Palm Springs
STAFF ANALYSIS:
The owners for the property located at 6175 Montecito Dr., Unit #4, Palm Springs did not
hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date
of violation on April 11, 2024.
Staff has determined that the owners have, without a Registration Certificate, advertised
and operated the property at 6175 Montecito Dr., Unit #4, as a Vacation Rental from
elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/697024333424786555 listed as “Palm
Springs Paradise” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/697024333424786555 lists two reviews.
ATTACHMENT 5
3. Advertisement Airbnb.com/rooms/697024333424786555 calendar states
minimum five nights. ATTACHMENT 5
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates May 9, 2024, through May 14, 2024 (5-nights); ATTACHMENT 6
5. A response was received by the Code Compliance Officer confirming
availability for the dates May 9, 2024, through May 14, 2024 (5-nights);
ATTACHMENT 6
6. Advertisement vrbo.com/9481322ha listed as “3 Bedroom Oasis w/Pool Walk
to Tahquitz Creek Golf” ATTACHMENT 7
7. Advertisement vrbo.com/9481322ha lists 17 reviews ATTACHMENT 7
Staff finds that the advertisements found on Airbnb.com/rooms/697024333424786555
and vrbo.com/9481322ha and inquiry affirmation for the dates May 9, 2024, through May
14, 2024 (5-nights) for stay at property 6175 Montecito Dr., Unit #4, is in violation of
§5.25.040(a) and proceeded to issue Administrative Citation AB0699, in the amount of
$5,000, to Mark Hirschi & Robert Hirschi, the owners 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:
"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,…”
Item 7 - Page 2
Administrative Appeals Board Staff Report
July 24, 2024
Vacation Rental Appeal – 6175 Montecito Dr., #4, Palm Springs
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.”
Item 7 - Page 3
Administrative Appeals Board Staff Report
July 24, 2024
Vacation Rental Appeal – 6175 Montecito Dr., #4, Palm Springs
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
AB0699 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0699 & citation letter 4
Copy of the Airbnb.com/rooms/697024333424786555 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the vrbo.com/9481322ha advertisement 7
Copy of the title report 8
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Item 7 - Page 4
ATTACHMENT 1
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RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MARK HIRSCHI & ROBERT HIRSCHI
FOR THE PROPERTY LOCATED AT 6175 MONTECITO
DR., UNIT #4, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0699 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 Mark Hirschi & Robert Hirschi did not obtain a Short-Term Vacation
Rental Registration Certificate for the property located at 6175 Montecito Dr., Unit #4,
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. AB0699, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 11, 2024, to Mark
Hirschi & Robert Hirschi for the property located at 6175 Montecito Dr., Unit #4, Palm
Springs; and
WHEREAS, Mark Hirschi filed an administrative appeal of the Administrative
Citation No. AB0699 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 6175 Montecito
Dr., Unit #4, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on July 24, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that Mark
Hirschi & Robert Hirschi violated Section 5.25.040(a) of the Palm Springs Municipal
Item 7 - Page 6
Resolution No.
Page 2
Code by an advertisement listed on Advertisement
Airbnb.com/rooms/697024333424786555 for the property located at 6175
Montecito Dr., Unit #4, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that Mark
Hirschi & Robert Hirschi violated Section 5.25.040(a) of the Palm Springs Municipal
Code by an advertisement listed on Advertisement vrbo.com/9481322ha for the
property located at 6175 Montecito Dr., Unit #4, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that Mark
Hirschi & Robert Hirschi are 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 6175
Montecito Dr., Unit #4, Palm Springs and confirmation of a period less than twenty-eight
(28) days; May 9, 2024, through May 14, 2024 (5-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 24, 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
Mark Hirschi & Robert Hirschi are permanently ineligible to operate a
Vacation Rental in the City of Palm Springs, including the property located
at 6175 Montecito Dr., Unit #4, 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 Mark Hirschi & Robert Hirschi are permanently
ineligible to operate a Vacation Rental in the City of Palm Springs,
including the property located at 6175 Montecito Dr., Unit #4, Palm
Springs and the fine of $5,000.
Item 7 - 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.
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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City of Palm Springs
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
Like No Place Else!
05/22/2024 04:32PM Shahriar
002791-0020
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 532
--------------
Change due $0.00
Paid by: MARK HIRSCHI | CITY CLERK,
ADMIN CITE APPEAL FEE: AB0699
Thank you for your payment
CUSTOMER COPY
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ATTACHMENT 8
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