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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 Item 4 - Page 10                     ATTACHMENT 2  Item 4 - Page 11 Item 4 - Page 12                     ATTACHMENT 3  Item 4 - Page 13 Item 4 - Page 14 Item 4 - Page 15 Item 4 - Page 16 Item 4 - Page 17 Item 4 - Page 18 Item 4 - Page 19 Item 4 - Page 20 Item 4 - Page 21           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 Item 4 - Page 22                     ATTACHMENT 4  Item 4 - Page 23 Item 4 - Page 24 Item 4 - Page 25 Item 4 - Page 26 Item 4 - Page 27 Item 4 - Page 28 Item 4 - Page 29 Item 4 - Page 30 Item 4 - Page 31                     ATTACHMENT 5  Item 4 - Page 32 Item 4 - Page 33 Item 4 - Page 34 Item 4 - Page 35 Item 4 - Page 36 Item 4 - Page 37 Item 4 - Page 38 Item 4 - Page 39 Item 4 - Page 40 Item 4 - Page 41 Item 4 - Page 42 Item 4 - Page 43 Item 4 - Page 44 Item 4 - Page 45 Item 4 - Page 46 Item 4 - Page 47                     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