HomeMy WebLinkAbout0302 - Mohajerin - OverturnedRESOLUTION NO. 0302
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ASHKAN MOHAJERIN, FOR THE
PROPERTY LOCATED AT 775 E. Vista Chino #2, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0423 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 Ashkan Mohajerin did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 775 E. Vista Chino #2, 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. AB0423, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 12, 2023,
to Ashkan Mohajerin. for the property located at 775 E. Vista Chino #2, Palm Springs;
and
WHEREAS, Ashkan Mohajerin. filed an administrative appeal of the
Administrative decision of operating a Vacation Rental without a Vacation Rental
Registration Certificate for the property located at 775 E. Vista Chino #2, Palm Springs
with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on June 26, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Ashkan Mohajerin. violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Airbnb.com/rooms/748459843776313383 for the property
located at 775 E. Vista Chino #2., Palm Springs; and
Resolution No. 0302
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Ashkan Mohajerin. 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 775 E. Vista Chino #2.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; December
22, 2022, through December 26, 2022 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on June 26, 2024;
and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Ashkan Mohajerin is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 775 E. Vista
Chino #2, Palm Springs, and administrative citation AB0423 in the amount
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 Ashkan Mohajerin is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 775 E. Vista Chino #2, Palm Springs, and
administrative citation AB0423 in the amount of $5,000.
Resolution No. 0302
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 26th DAY OF JUNE 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0302
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0302 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 26th day of June 2024, by the following vote:
AYES: Board member Basile, Kane, Hermann, and Vice Chair Parker
NOES: Chair Sinclair
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 27th day of June 2024.
Brenda Pree, MMC, CERA
City Clerk