HomeMy WebLinkAbout0318 - Wander Asset Management - OverturnedRESOLUTION NO. 0318
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF WANDER MANAGMENT ASSET, LLC
FOR THE PROPERTY LOCATED AT 1011 W, CEILO DR.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION A857 ISSUED IN THE
AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF
VACATION RENTAL REGISTRATION CERTIFCATE #4398
Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs
Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board.
WHEREAS, the City investigated an advertisement in detail and found the property
1011 W, Ceilo Dr., Palm Springs, California to be in violation pursuant to Section
5.25.040(f) on Aril 19, 2024, and issued administrative citation A7988; and
WHEREAS, the City investigated an advertisement in detail and found the property
1011 W, Ceilo Dr., Palm Springs, California to be in violation pursuant to Section
5.25.040(f) on May 13, 2024, and issued administrative citation A7907; and
WHEREAS, the City investigated an advertisement in detail and found the property
1011 W, Ceilo Dr., Palm Springs, California to be in violation pursuant to Section
5.25.040(f) on June 8, 2024, and issued administrative citation A8275; and
WHEREAS, upon the third violation in any twelve-month period, the City Manager
shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS Nicholas Pepper, owner for the property, was issued a suspension of
the Vacation Rental Registration Certificate for a period of two-years for the property
located at 1011 W, Ceilo Dr., Palm Springs, California on June 27, 2024, with an effective
suspension date of July 22, 2024, and
WHEREAS, Wander Management Asset, LLC for the property located at 1011 W,
Ceilo Dr., Palm Springs, California filed an administrative appeal of the suspension of the
Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter
2.50
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on October 23, 2024; and
Resolution 0318
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Nicholas Pepper, owner for the property located at 1011 W, Ceilo Dr., Palm Springs, is in
violation pursuant to Section 5.25.090 (b) 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 October 23,
2024;
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 5.25.090(b).
The Administrative Appeals Board upholds administrative citation A8264 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 1011 W, Ceilo Dr., Palm Springs,
California
The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board overturns administrative citation A8264 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 1011 W, Ceilo Dr., Palm Springs,
California
THIS PORTION OF PAGE BLANK
Resolution 0318
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 23RD DAY OF OCTOBER 2024.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0318
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. 0318 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 23rd day of October 2024, by the following vote:
AYES: VICE CHAIR PARKER, BOARD MEMBERS HEIN, HERMANN,
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 28th day of October.
Brenda Pree, MMC, CERA
City Clerk