HomeMy WebLinkAbout0312 - Gaston - UpheldRESOLUTION NO. 0312
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF GASTON SILVA FOR THE
PROPERTY LOCATED AT 550 N. VILLA CT., #114, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0713 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 Gaston Silva did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 550 N. Villa Ct., #114, 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. AB0713, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on May 7, 2024, to
Gaston Silva for the property located at 550 N. Villa Ct., #114, Palm Springs; and
WHEREAS, Gaston Silva filed an administrative appeal of the Administrative
Citation No. AB0713 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 550 N. Villa Ct.,
#114, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on August 28, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Gaston Silva violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement listed on Advertisement Airbnb.com/rooms/23129941 for the
property located at 550 N. Villa Ct., #114, Palm Springs; and
Resolution No. 0312
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Gaston Silva 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 550 N. Villa Ct., #114, Palm
Springs and confirmation of a period less than twenty-eight (28) days; December 18,
2024, through December 27, 2024 (9-nights); 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 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Gaston Silva is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 550 N. Villa Ct.,
#114, 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 Gaston Silva is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 550 N. Villa Ct., #114, Palm Springs and the fine of
$5,000.
Resolution No. 0312
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 No. 0312
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. 0312 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: Vice Chair Parker, Board members Hermann, Hein, Koren,
and Chair Basile
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
BRENDA PREE. MMC, CERA
City Clerk