HomeMy WebLinkAbout0316 - Nadiryan - UpheldRESOLUTION NO. 0316
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF SVETLANA NADIRYAN FOR THE
PROPERTY LOCATED AT 2055 N. MAGNOLIA RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0717 ISSUED IN THE AMOUNT OF $10,000
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 Robert Aslanyan and Svetlana Nadiryan did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2055 N. Magnolia
Rd., 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. AB0717, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on June 11, 2024, to
Robert Aslanyan and Svetlana Nadiryan for the property located at 2055 N. Magnolia
Rd., Palm Springs; and
WHEREAS, Svetlana Nadiryan filed an administrative appeal of the
Administrative Citation No. AB0717 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $10,000 for the property located
at 2055 N. Magnolia Rd., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 25, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Robert Aslanyan and Svetlana Nadiryan violated Section 5.25.040(a) of the Palm
Springs Municipal Code by an advertisement listed on Advertisement
Resolution No. 0316
Page 2
Airbnb.com/rooms/1095055166833642356 for the property located at 2055 N.
Magnolia Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Robert Aslanyan and Svetlana Nadiryan 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 2055 N. Magnolia Rd., Palm Springs and confirmation of a period less than twenty-
eight (28) days; August 15, 2024, through August 19, 2024 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 25,
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
Robert Aslanyan and Svetlana Nadiryan are permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 2055 N. Magnolia Rd., Palm Springs and the fine of
$10,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Robert Aslanyan and Svetlana Nadiryan are
permanently ineligible to operate a Vacation Rental in the City of Palm
Springs, including the property located at 2055 N. Magnolia Rd., Palm
Springs and the fine of $10,000.
Resolution No. 0316
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 25th DAY OF SEPTEMBER 2024.
David Parker
Vice Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0316
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. 0316 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 25th day of September 2024, by the following vote:
AYES: Board members Hein, Stasik, and Herman.
NOES: Vice Chair Parker
ABSENT: Chair Parker
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 1st day of October 2024.
Brenda Pree, MMC, CERA
City Clerk