HomeMy WebLinkAboutItem 8 - AB0712 - Silva PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: August 28, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT GASTON SILVA 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 510 N. VILLA CT., #215, PALM SPRINGS,
CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Gaston Silva 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 510 N. Villa Ct., #215., 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 GASTON SILVA, FOR THE PROPERTY LOCATED AT 510 N. Villa
Ct., #215, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0712 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 8 - Page 1
Administrative Appeals Board Staff Report
August 28, 2024
Vacation Rental Appeal –510 N. Villa Ct., #215 Palm Springs
STAFF ANALYSIS:
The owner for the property located at 510 N. Villa Ct., #215, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on May 6, 2024.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 510 N. Villa Ct., #215, as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/43759331 listed as “Casa Linda”
ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/43759331 calendar lists 3-night minimum.
ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates May 23, 2024, through May 27, 2024 (4-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates May 23, 2024, through May 27, 2024 (4-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/43759331 and inquiry
affirmation for the dates May 23, 2024, through May 27, 2024 (4-nights) for stay at
property 510 N. Villa Ct., #215, is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0712, in the amount of $5,000, to Gaston Silva, 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:
"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:
Item 8 - Page 2
Administrative Appeals Board Staff Report
August 28, 2024
Vacation Rental Appeal –510 N. Villa Ct., #215 Palm Springs
(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 8 - Page 3
Administrative Appeals Board Staff Report
August 28, 2024
Vacation Rental Appeal –510 N. Villa Ct., #215 Palm Springs
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
AB0712 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0712 & citation letter 4
Copy of the Airbnb.com/rooms/43759331 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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ATTACHMENT 1
Item 8 - Page 5
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF GASTON SILVA FOR THE
PROPERTY LOCATED AT 510 N. VILLA CT., #215, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0712 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 Gaston Silva did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 510 N. Villa Ct., #215, 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. AB0712, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on May 7, 2024, to
Gaston Silva for the property located at 510 N. Villa Ct., #215, Palm Springs; and
WHEREAS, Gaston Silva filed an administrative appeal of the Administrative
Citation No. AB0712 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 510 N. Villa Ct.,
#215, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on August 28, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Gaston Silva violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement listed on Advertisement Airbnb.com/rooms/43759331 for the
property located at 510 N. Villa Ct., #215, Palm Springs; and
Item 8 - Page 6
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Gaston Silva 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 510 N. Villa Ct., #215, Palm
Springs and confirmation of a period less than twenty-eight (28) days; May 23, 2024,
through May 27, 2024 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on August 28,
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
Gaston Silva is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 510 N. Villa Ct.,
#215, 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 Gaston Silva is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 510 N. Villa Ct., #215, Palm Springs and the fine of
$5,000.
Item 8 - 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.
Patrick Basile
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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