HomeMy WebLinkAbout0309 - Munguia - OverturnRESOLUTION NO. 0309
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0732 ISSUED IN THE AMOUNT OF $2,500 TO MIGUEL
ANGEL ROMERO MUNGUIA AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR
THE PROPERTY LOCATED AT 1388 S. FARRELL DR.,
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, Miguel Angel Romero Munguia did not file a Contract Summary for
an occupancy 28 days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, “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; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 1388 S. Farrell Dr., hosted guests for a period of twenty-eight (28) consecutive
days or less; and
WHEREAS, Administrative Citation No. AB0732 failure to file a Contract
Summary was issued on July 11, 2024 to Miguel Angel Romero Munguia for the
property located at 1388 S. Farrell Dr., Palm Springs; and
WHEREAS, Miguel Angel Romero Munguia, filed an administrative appeal of the
Administrative Citation No. AB0732 for failure to file a Contract Summary prior to an
occupancy for the property 1388 S. Farrell Dr., Palm Springs to the Enforcement Official
with the City Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on August 28, 2024; and
Resolution 0309
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Miguel Angel Romero Munguia., violated Section 5.25.070 (h) of the Palm
Springs Municipal Code; 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 5.25.070(h).
The Administrative Appeals Board upholds the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Miguel Angel Romero Munguia., for the
property located at 1388 S. Farrell Dr., Palm Springs
The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h).
The Administrative Appeals Board overturns the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Miguel Angel Romero Munguia., for the
property located at 1388 S. Farrell Dr., Palm Springs
THIS PORTION OF PAGE BLANK
Resolution 0309
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 28th DAY OF AUGUST 2024.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0309
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. 0309 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 28th day of August 2024, by the following vote:
AYES: Board member Koren, Hermann, and Chair Basile
NOES: Board member Hein and Vice Chair Parker
ABSENT: None
ABSTAIN: None
RECUSE: None
BRENDA PREE. MMC, CERA
City Clerk