HomeMy WebLinkAbout0308 - Hirschi - UpheldRESOLUTION NO. 0308
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
Resolution No. 0308
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.
Resolution No. 0308
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 24th DAY OF JULY 2024.
Chair Basile
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0308
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. 0308 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 24th day of July 2024, by the following vote:
AYES: Vice Chair Parker, Board member Koren, Hermann, Hein, and
Chair Basile
NOES: None
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 30th day of July 2024.
Brenda Pree, MMC, CERA
City Clerk