HomeMy WebLinkAboutItem 4 - Stoecker PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: December 11, 2024
SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A6848 AND
ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE
PROPERTY LOCATED AT 287 E. MORONGO RD., PALM SPRINGS,
CALIFORNIA.
BY: Department of Special Program Compliance
SUMMARY
Abigail Stoecker has requested an appeal of administrative citation A6848 issued in the
amount of $500 and the two (2) year suspension of the Vacation Rental Registration
Certificate #031630 for the property located at 287 E. Morongo Rd., 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 ABIGAIL STOECKER FOR THE PROPERTY LOCATED AT 287 E.
MORONGO RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION A6848 ISSUED IN THE AMOUNT OF $500 AND
THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION
CERTIFCATE #031630.
Background
The property located at 287 E. Morongo Rd., Palm Springs, California is registered a
Vacation Rental with Vacation Rental Registration Certificate #031630. The start date
was July 1, 2022. 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 4 - Page 1
Administrative Appeals Board Staff Report
December 11, 2024-- Page 2
Vacation Rental Appeal – 287 E. Morongo Rd., Palm Springs
Palm Springs Municipal Code (PSMC) chapter 5.25 section 070(e) states that during the
rental term each vacation rental unit is rented, the owner, his or her agent, and/or the
local contact person designated by the owner, after being contacted by the enforcement
official, shall be available 24 hours per day, seven days per week, for the purpose of: (1)
responding by telephone within 15 minutes of complaints from or through the hotline; and
(2) responding in-person within 30 minutes to any additional or successive complaints
regarding the condition, operation, or conduct of occupants of the vacation rental.
PSMC chapter 5.25 section 050 regulates an Agency, with respect to a Vacation Rental.
An owner may retain an agent with an exclusive listing arrangement or a representative
to assist in the compliance with the requirements of the chapter, including, without
limitation, the filing of a complete vacation rental registration, the management of the
vacation rental unit or units, and compliance with the requirements of this chapter
including the collection and payment to the city of all transient occupancy taxes due and
payable on the vacation rental unit. The owner and any such agent or representative of
owner must have the authority to evict any tenant, resident, or guest permitted to reside
at the vacation rental for violation of any provision of this chapter or regulation thereof.
Except as provided in subsection (b) of the section and notwithstanding any agency
relationships between an owner and an agent or representative, the owner of the vacation
rental unit or units shall execute all applications and documentary requirements as
provided in this chapter and shall remain responsible for compliance with the provisions
of this chapter. The failure of an agent to comply with this chapter shall not relieve
the owner of the owner's obligations under the provisions of this chapter.
STAFF ANALYSIS
First Citation – A7745
On November 23, 2023, the City of Palm Springs Code Compliance Division responded
to a complaint received from the city’s Vacation Rental Hotline regarding the number of
vehicles at the Vacation Rental property located at 287 E. Morongo Rd. Code Officers
Whittaker and Bermudo arrived at the property at 12:58 pm and found seven vehicles at
the property. The permitted limit of vehicles for this property is four. Citation A7745 was
issued for violation of PSMC 5.25.070(c). The officer report is included as ATTACHMENT
4. The citation was paid in full on November 29, 2023, and there was no appeal received.
Findings:
Number of vehicles were over the permitted limit at the Vacation Rental.
Second Citation – A6847
On September 27, 2024, the City of Palm Springs Code Compliance Division responded
to a complaint received from the city’s Vacation Rental Hotline regarding music at the
Vacation Rental property located at 287 E. Morongo Rd. Code Officers Guerrero and
Grijalva arrived at the property at 11:08pm and observed music audible at the property
Item 4 - Page 2
Administrative Appeals Board Staff Report
December 11, 2024-- Page 3
Vacation Rental Appeal – 287 E. Morongo Rd., Palm Springs
line. Citation A6847 was issued by mail for violation of PSMC 5.25.070(g). The officer
report is included as ATTACHMENT 5. The citation was paid in full November 20, 2024,
and there was no appeal received.
Findings:
Music audible at the property line of the Vacation Rental.
Third Citation – A6848
On September 27, 2024, the City of Palm Springs Code Compliance Division responded
to a complaint received from the city’s Vacation Rental Hotline regarding music at the
Vacation Rental property located at 287 E. Morongo Rd. Code Officers Guerrero and
Grijalva arrived at the property at 11:08 p.m. and observed music audible at the property
line but were unable to access the front door or get the occupants attention. The Code
Compliance Officer attempted to contact the listed local contact, ACME House Co. via
phone at 11:21 p.m. A message requesting a call back to assist with getting into contact
with the occupants of their rental property was left with their answering service but was
ultimately not returned. A second phone call was made at 11:41 p.m. stating that the Code
Compliance officer required a callback and needed assistance contacting the occupants
of their rental property to mitigate the ongoing music violation. A representative from
ACME House Co. responded to the Code Compliance Officer via phone at 12:05 a.m. on
Saturday, September 28, acknowledging they had received the message and were
attempting to contact their renters. The local contact was unable to reach their renters via
phone and dispatched a person to assist, ultimately arriving at the property at 12:45 a.m.
The local contact, ACME House Co., failed to respond to the Code Compliance officer
within a timely and appropriate manner by either calling back within the required fifteen
minutes or responding in person within thirty minutes. Citation A6848 was issued on
October 18, 2024. The officer report is included as ATTACHMENT 6.
Findings:
•Failure to respond to the Vacation Rental after notification from an Enforcement
Official.
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 will be issued by the
Department of Special Program Compliance.
Item 4 - Page 3
Administrative Appeals Board Staff Report
December 11, 2024-- Page 4
Vacation Rental Appeal – 287 E. Morongo Rd., Palm Springs
DATE OF VIOLATION CITATION
NUMBER
VIOLATION PSMC
9/28/2024 A6848 Failure to respond in 30‐minutes 5.25.070(e)
9/27/2024 A6847 Music Audible at property line 5.25.070(g)
11/23/2023 A7745 Vehicles over the permitted limit 5.25.070(c)
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:
(c) The owner shall limit overnight occupancy of the vacation rental unit to a
specific number of occupants, with the maximum number of occupants as
no more than two persons per bedroom within each vacation rental unit and
a maximum of no more than eight persons total within the vacation rental
unit, except that owner may allow up to two minor children, age 12 or under,
to occupy the vacation rental in addition to the maximum number of
occupants otherwise provided in this subsection. The number of bedrooms
in a vacation rental shall be verified by the enforcement official using county
assessor and/or city building records and/or a physical inspection of the
premises, prior to the issuance of a registration certificate. The owner may
also allow up to four daytime occupants in addition to the total number of
guests allowed for overnight occupancy pursuant to this subsection. No
more than one automobile per bedroom shall be allowed for each
vacation rental. Advertising and/or renting one or more vacation rentals as
part of a cluster or compound is prohibited.
(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.
(e) During the rental term each vacation rental unit is rented, the owner, his or
her agent, and/or the local contact person designated by the owner, after
being contacted by the enforcement official, shall be available 24 hours per
day, seven days per week, for the purpose of: (1) responding by telephone
within 15 minutes of complaints from or through the hotline; and (2)
responding in-person within 30 minutes to any additional or successive
complaints regarding the condition, operation, or conduct of occupants of
the vacation rental.
Item 4 - Page 4
Administrative Appeals Board Staff Report
December 11, 2024-- Page 5
Vacation Rental Appeal – 287 E. Morongo Rd., Palm Springs
The Palm Springs Municipal Code §5.25.090 – 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.
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.”
Item 4 - Page 5
Administrative Appeals Board Staff Report
December 11, 2024-- Page 6
Vacation Rental Appeal – 287 E. Morongo Rd., 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 A7745 and officer report 4
Administrative Citation A6847 and officer report 5
Administrative Citation A6848 and officer report 6
Item 4 - Page 6
ATTACHMENT 1
Item 4 - Page 7
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ABIGAIL STOECKER FOR THE
PROPERTY LOCATED AT 287 E. MORONGO RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION A6848 ISSUED IN THE AMOUNT OF $500 AND
THE TWO-YEAR SUSPENSION OF VACATION RENTAL
REGISTRATION CERTIFCATE #031630
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 a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(c)
on November 23, 2023, and issued administrative citation A7745; and
WHEREAS, the City investigated a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(g)
on September 27, 2024, and issued administrative citation A6847; and
WHEREAS, the City investigated a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(e)
on September 28, 2024, and issued administrative citation A6848; 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, Abigail Stoecker, for the property located at 287 E. Morongo Rd.,
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 December 11, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Abigail Stoecker, owner for the property located at 287 E. Morongo Rd., Palm Springs, is
in violation pursuant to Section 5.25.090 (b) of the Palm Springs Municipal Code; and
Item 4 - Page 8
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on December 11,
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 A6848 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 287 E. Morongo Rd., 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 A6848 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 287 E. Morongo Rd., Palm
Springs, California
THIS PORTION OF PAGE BLANK
Item 4 - Page 9
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.
Patrick Basille
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!
11/13/2024 08:56AM Shahriar
003590-0018
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2025 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 0064307576
--------------
Change due $0.00
Paid by: ABIGAIL STOECKER | A6848 ADMIN
APPEAL FEE
Thank you for your payment
CUSTOMER COPY
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ATTACHMENT 4
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ATTACHMENT 5
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ATTACHMENT 6
Item 4 - Page 48
CITY OF PALM SPRINGS
Vacation Rental Enforcement A Administrative Citation
I DATE DAY OF WEEK TIME AM PM
I LOCATION OF VIOLATION
I □Agent CT Property Owner □Tenant □Other
DL or ID
provision(s).
Count PSMC Description
1.
2.
3.
COMPLIANCE ORDER
r.SO/l
G 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
D 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
E Mail
SEE REVERSE SIDE FOR PAYMENT AND OTHER INFORMATION
WHITE: Property Owner/Resident • YELLOW: Processing • PINK: File
Item 4 - Page 49
CITY OF PALM SPRINGS
OE� TMENT OF VACATION RENT. L COMPLIANCE
ADMINISTRATIVE CITATION
IMPORTANT INFORMATION • PLEASE READ
COMPLETELY AND CAREFULLY
You have been issued an Administrative Citation for violation(s) as indicated
011 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 (1 5\ calendar days from the date the
citation is deemed served. Payment can be made by crediUdebrt card on
line al 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 violalion(s). Write the citation
number on the check/money order, and mail it to the address below. {QQ
NOT send your pay ment 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
(151 calendar days from the dale 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. mo NOT send your appeal request to the City of Palm Springs Offices·
send it to the payment address aboye )
FAILURE JO ANSWER 98 PAY PENALTY FOR YJOLAIIQN(S)
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,
ADDmONAL 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 4 - Page 50
City of Palm Springs 425 N Ovic Dr • Palm Springs, California 92262 Tel : (760) 322-8382 • Fax: (760) 322-8317 • www.[»-aGltionrentak:ompliance.com Department of Special Program Compliance
October 24, 2024
Ruby 27 LLC, c/o Abigail and Dean Stoeker
ACME House Company
PO Box 8233
Palm Springs CA 92263
Subject: THIRD CITATION NOTICE -VACATION RENTAL
Reference: Vacation Rental Property: 287 E. Morongo Rd., 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
9/28/24 A6848 Failure to respond in person within 30 minutes 5.25.070(E)
9/27 /24 A6847 Music audible beyond property line 5.25.070(g)
9/23/23 A7745 Vehicles exceeding permitted limit 5.25.070(c)
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.psvacationrentalcompliance.com
Sincerely,
Veronica Goedhart
Director, Special Program Compliance
Cc: File, VR Property Post Office Box 2743 • Palm Springs, California 92263-2743 Item 4 - Page 51
ADMINISTRATIVE CITATION-$500.00
Date of Issuance: 10/18/2024
Enclosed: Administrative Citation No. A6848:
Ruby 27 LLC
c/o Abigail & Dean Stocker
City of Palm Springs
Vacation Rental Compliance Department
425 North Civic Drive, Palm Springs, CA 92263
Website: www.psvacationrentalcompliance.com
Administrative Fine$ 500.00
You are hereby notified that a Palm Springs Municipal Code violation of Section 5.25.070(e) has been detem1ined lo exist on the property described
below. You are specifically responsible to ensure that this violation is corrected in compliance with this notice and to pay the Administrative Fine as
required by the a11ached Administrative Citation. Further violations may result in the issuance of Administrative Citations with lines of$ I 000.00 per
violation and suspension of the Vacation Rental Registration Certificate.
I.The violations exist on the following property:
Street Address: 287 E Morongo Rd. Palm Springs. CA. 92264
II.A description of the conditions/violations that were found with vour property are
listed below:
The City of Palm Springs Vacation Rental 24-l lour Hotline rcci;ived a call regarding the above property on 9/27/2024 at approximately 10:47 p.m.
regarding outdoor music being played and noise in the backyard after IO p.m. The Code Compliance Officers dispatched to investigate arrived at the
property at 11 :08 p.m. but were unable to access the front door or get the occupants' allention. The Code Compliance omcer a11empted to contact the
listed local contact. ACME House Co. via phone at 11 :21 p.m. A message requesting a call back to assist with getting into contact with the occupants of
their rental property was left with their answering service but was ultimately not returnt:d. A second phone call was made at 11 :41 p.m. stating that the
Code Compliance officer required a callback and needed assistance contacting the occupants of their rental property to mitigate the ongoing music
violation. A representative from ACME House Co. responded to the Code Compliance Officer via phone at 12:05 a.m. on Saturday, September 28,
acknowledging they had received the message and were a11empting to contact their renters. Subsequently. the local contact was unable to reach their
renters via phone and dispatched in person to assist. ultimately arriving at the property at 12:45 a.m. The local contact. ACME House Co. failed to
respond to the Code Compliance officer within a timely and appropriate manner by either calling back within the required fifteen minutes or responding
in person within thirty minutes.
Ill. The codes that pertain to the violations listed in this letter are:
5.25.070 (e) Operational Requirements and Standard Conditions .. During the Rental Term each Vacation Rental unit is rented. the Owner. his or her agent. and/or the Local Contact Person designated by the Owner.
after being contacted by the Enforcement Official. shall be available twenty-four hours per day. seven days per week. for the purpose of (I ) responding
by telephone within fifteen ( 15) minutes of complaints from or through the Hotline and (2) responding in-person within thirty (30) minutes to any
additional or successive complaints regarding the condition. operation. or conduct of occupants of the Vacation Rental."'
5.25.070 (j) Operational Requirements and Standard Conditions
'·Failure of the Owner or his or her agent to respond to calls or complaints n:garding thi;: condition, operation, or conduct of occupants of the Vacation
Rental in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this Chapter. It is not intended that an Owner. agent.
or Local Contact Person act as a peace officer or place himself or herself in an at-risk situation:·
As the Agency of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting
the violation and paying the citation in full.
To pay and appeal this citation. please rder to the back of the citation for instructions or visit www.psvacationrentalcompliance.com. A copy of the
PSMC applicable to this citation can also be found on our website. Please contact me with any questions at 760-323-8244 ext.8770.
Jose Guerrero 111
Code Compliance Oflicer
6/2017 Item 4 - Page 52
Friday, October 18, 2024
Supplemental Report -Vacation
Rental Code Compliance Officer
Event Report
Time
2:57 PM
This is a suppliemental form to provide additional information on a Code Compliance
Officer Report already submitted. This form is to be used by the original officer to update
the original report information about an event.
Hotline Call Number:
26856
Proper ty Address
287 E Morongo Rd
92264
Suppliemental Information:
While onsite investigating the reported music and
noise disturbance, I determined that a violation
existed and was ongoing, but I was unable to
access the front door or get the occupants'
attention due to the gated and secured front yard. I
attempted to contact the listed local contact, ACME
House Co., via phone using their provided number:
760-800-0661 at 11 :21 p.m. A message requesting a
call back to assist with getting into contact with the
occupants of their rental property was left with their
answering service operator, Liz, but was ultimately
not returned. A second phone call was made at
11 :41 p.m., and I spoke with their answering service
operator, Selene, stating that I required a callback
and needed assistance contacting the occupants of
their rental property to mitigate the ongoing music
violation. Alex, A representative from ACME House
Co., responded to me via phone at 12:05 a.m. on
Saturday, September 28, acknowledging they had
received the message and were attempting to
contact their renters. Subsequently, Alex was unable
to reach their renters via phone and dispatched an
ACME House Co. representative in person to assist,
ultimately arriving at the property at 12:45 a.m. The
local contact, ACME House Co, failed to respond
within a timely and appropriate manner by either
calling back within the required fifteen minutes or
responding in person within thirty minutes to assist
with mitigating the ongoing violation. Because of
this failure during the operations of that night, I
found this vacation rental property to be in violation
Item 4 - Page 53
of PSMC 5.25.070(e) and will be issuing a citation to
the property owner.
Code Compliance Officer submitting the form:
Jose Guerrero
Code Compliance Officer Email:
jose.guerrero@palmspringsca.gov
2 Item 4 - Page 54
• . '
'DATE
CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation
DAY OF WEEK
I LOCATION OF VIOLATION .... (
ID Agent D Te nant � Property Owner D Other
NAME (First, Middle, Last):
..... 4.J•10.• I + D '
A 684
TIME 'AM · l PM
DL or ID
r
provislon(s). Count PSMC Descnption
1.
2.
3.
COMPLIANCE ORDER [J You are ordered to correct or otherwise remedy this/these violalions by -,,IT You are runher ordered to pay an Administrative Fine as prescribed in the schedule below ror each count listed above. Payment mu st be paid in lull by the compliance date to avoid additional penalties. The total CITATION
PENALTY due Is$_...; ___ ._• __
ADMINISTRATIVE FINE SCHEDULE
ca First Citation In a 12-Month Period $500.00 per countFailure to correct the viola hon and pay the Administralive 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 corred 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. :r r e Name and Depl or Issuing Enforcement Officer ,� I � Signature
IO 18 "'l(
Date or Issuance
Type or Service D Personal aMail
SEE REVERSE SIDE FOR PAYMENT ANO OTHER INFORMATION
WHITE: Property Owner/Resident• YELLOW: Processing• PINK: FIie
CITY OF PA M SPR NG DFPART ENT OF V C RFNTA C E AD NISTRATIVE CITATIO P.,PORTANT INFORMATION • PLEASE READ COMPLETELY AHO CAREFULLY
You hava been is ari; dm n trativc �it.) •,n tor vlo!auon \ in :C3 cd on tho reverse ADDITIONAL VIOLATIONS MAY RESULT IN THE CR MINAl. PROSFCUTION AND/OR ADDITIONAL AJ)Mlt,I STRATIYE F rl'IES
HOW TO PAY THE EINE The amount of line is indicated on Ille front of the Adm,mstrntive Citation Tho fine must be paid WJlbfn fifteen 11 Sl lif!hll;td, c days from tho date lhc cilahon 1s d�mod served f...lYJ':'8!1\ <:3':l bo mado by cn,cfl1fdetlit card Qnline at www.CifallodProcessmgCentorcom °' by cal ·ng 1-800:-969-6158 Payments are also accepted in the form of a cashier's check. personal check. 9f money order pa�o IQ the Clty of Palm Sp,jngS PllY')'ICnt cl the fine docs hbt excu� °' disitilirgc arty� ty and Cegal � for conlinuation or reported occurrences of the violatJon(s). Wnte the citaoon number on the check/money order, and mat! ii to the address below. U2Q NOT und your payment to the CISY of Palm Springs Offices.)
'City of Palm Springs Adminisirattve Cit,; Program P.O. Box 7275 Newport Beach. CA 92658-n1s
HOW JO APPEAL DfJS CITATION Payment must be made prior to appealing a ci1alion. A responsible party receiving an administrative citation may appeal such ci1al.i0o within fif\een 115) calendar days from the date the citation is deemed served. An appe.l must be filed in writing by using the standard Appeal FOITI\ available from the City's website at www.palmspringsca.gov speclfylng the sp�6'ant's fuU name, mailing address, citation number, and the basis fOf the appeal. Y6u may also appeal after paying on-line at WWlt( CitatiQoProcessiooCenter. com mo NOT send your appeal aiquest to the Cjty of Palm Springs Offices: send it to the payment address aboye.)
FAILURE JO ANSWER OR PAY PENALTY FOR YJOLADQNIS) Failure to pay the penalty or contest the citation within fifteen (15} calendar days may result in additional administrative fines artd the recordation o1 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 Codo Violations. Fines are cumulative and citations may be Issued each day the violation e:usts. Each and every day a violation is unaddressed constitutes a separate and distinct offense and shall be subject to citation.
ADpmoNAL INFORMATION For further in formation regarding the specific citabon, compliance order, or to request an extension of the compliance date, please conlad. the City of Palm Spnngs Vacation Rental Compllance Department
Additional Enforcement Officer Notes:
Item 4 - Page 55