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Home My WebLink About4/4/2018 - STAFF REPORTS - 1B 11 { �ppLMa�* iy w W V N O,<�ioAN�P CITY COUNCIL STAFF REPORT DATE: JANUARY 24, 2018 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON JANUARY 19, 2018 REGARDING PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS INCLUDING ADMINISTRATIVE FINES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY; AND A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE INCLUDING THE ASSOCIATED THIRD ADMINISTRATIVE CITATION FROM: David H. Ready, City Manager BY: Vacation Rental Compliance Department SUMMARY In accordance with Palm Springs Municipal Code,Chapter 5.25,Vacation Rentals, the Vacation Rental Compliance Department issues Administrative Citations to the owner(s) on title for Operating a Vacation Rental without a Vacation Rental Registration Certificate. Individuals Operating a Vacation Rental without Vacation Rental Registration Certificate are subject to permanent ineligibility to operate a Vacation Rental in the City of Palm Springs, and Administrative Fine of$5,000.00 on the first violation, and a$10,000 Administrative Fine on any successive violation of the PSMC § 5.25.090(c). Further, in accordance with PSMC, Chapter 5.25, upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Rental Registration Certificate for two (2) years. Pursuant to Vacation Rental Administrative Regulations, Subject: Violation Count for Purposes of Suspending a Vacation Rental Certificate dated 8/2017, appeal of the third (or more) administrative citation will be heard by the Administrative Appeals Board along with the suspension appeal according to PSMC Chapter 2.50. Five appeal hearings were scheduled on January 19, 2018. Three of the five members comprising the Administrative Appeals Board were present. Two out of the three votes were needed for appellants to win their appeals. Four of the five appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department with the appeals being denied. One appeal hearing will be rescheduled at the request of the appellant to a future date. Additional hearing details are provided in the chart on page two. ITEM NO. Administrative Appeals Board Staff Report January 19,2018—Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY OPERATING WITHOUT A VACATION RENTAL REGISTRATION CERTIFICATE* APPELLANTS PROPERTY UPHOLD UPHOLD$50001$10000 ADDITIONAL NAME ADDRESS PERMANENT FINE NOTES INELIGIBILITY Raphael & 471 South Calle 2 Ayes, 1 No 2 Ayes, 1 No- $5,000 Appeal denied Charlotte Farsy Seaundo, Unit C8 Rex Tegelaar 1150 Via Tanis,#19 2 Ayes, 1 No 2 Ayes, 1 No- $5.000 Appeal denied Louis A. Ponce& 2664 N. Aurora Dr. 3 Ayes, 0 Noes 3 Ayes, 0 Noes- $5,000 Appeal denied Paul Gonzales *Appeal hearing for Barry S. Tharp& Kurt E. Brand, 481 Village Square, West to be rescheduled to a future date. VACATION RENTAL REGISTRATION CERTIFICATE TWO YEAR SUSPENSION APPELLANTS PROPERTY UPHOLD THIRD UPHOLD 2-YEAR ADDITIONAL NAME ADDRESS CITATION SUSPENSION NOTES Monica Vespe 1889 Los Alamos 2 Ayes, 1 No 2 Ayes, 1 No Appeal denied Guest- Laura Road Christina Tepozano Medina Boris St c Vacation Rental Compliance Official Suzahfie Severin Vacation Rental Compliance Official 02 a u N R �'OLLTN\� OAF 41j;0 NAP CITY COUNCIL STAFF REPORT DATE: February 12, 2018 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON FEBRUARY 8, 2018 REGARDING PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS INCLUDING ADMINISTRATIVE FINES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY FROM: David H. Ready, City Manager BY: Vacation Rental Compliance Department SUMMARY In accordance with Palm Springs Municipal Code, Chapter 5.25,Vacation Rentals, the Vacation Rental Compliance Department issues Administrative Citations to the owner(s) on title for Operating a Vacation Rental without a Vacation Rental Registration Certificate. Individuals Operating a Vacation Rental without Vacation Rental Registration Certificate are subject to permanent ineligibility to operate a Vacation Rental in the City of Palm Springs,and Administrative Fine of$5,000.00 on the first violation, and a$10,000 Administrative Fine on any successive violation of the PSMC§ 5.25.090(c). Five appeal hearings were scheduled on February 8, 2018. Three of the five members comprising the Administrative Appeals Board were present in person or via teleconference during each of the hearings. Two out of the three votes were needed for appellants to win their appeals. Four of the five appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department with the appeals being denied. One appeal hearing will be rescheduled at the request of the appellant to a future date. Additional hearing details are provided in the chart on page two. 03 Administrative Appeals Board Staff Report February 12,2018— Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY OPERATING WITHOUT A VACATION RENTAL REGISTRATION CERTIFICATE" APPELLANTS NAME PROPERTY UPHOLD UPHOLD$50001$10000 ADDITIONAL ADDRESS PERMANENT FINE NOTES INELIGIBILITY ROGER DALE BROWN,ALMA MAY 5115 E. BROWN, ALVIN WAVERLY 3 AYES, 0 NOES 3 AYES, 0 NOES-$5,000 APPEAL GLENN DYCK AND DRIVE #D31 DENIED KATHERINE LOUISE DYCK SAM PERLMUTTER AND AMY 1148 N. ROSE 3 AYES, 0 NOES 3 AYES, 0 NOES -$5,000 APPEAL PERLMUTTER AVENUE DENIED ROSENBERG GEORGE ROBERT 1154 E. APPEAL HORNING RACQUET 3 AYES, 0 NOES 3 AYES, 0 NOES -$5,000 DENIED CLUB ROAD TONY A. HURD AND 290 S. SAN APPEAL MICHEL D. JACINTO 3 AYES, 0 NOES 3 AYES, 0 NOES-$5,000 DENIED STRICKLAND DRIVE #5 "APPEAL HEARING FOR MARK WARREN AND TINA GONSALVES, 1409 N. SUNRISE WAY, UNIT 52, PALM SPRINGS TO BE RESCHEDULED TO A FUTURE DATE. 13orli.Stark Vacation Rental Compliance Official Suzah6e Severin Vacation Rental Compliance Official 04 IPA `M SA4 R Q u a t c4450aN CITY COUNCIL STAFF REPORT DATE: March 19, 2018 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON MARCH 19, 2018 REGARDING PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS INCLUDING ADMINISTRATIVE FINES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY FROM: David H. Ready, City Manager BY: Vacation Rental Compliance Department SUMMARY In accordance with Palm Springs Municipal Code, Chapter 5.25, Vacation Rentals, the Vacation Rental Compliance Department issues Administrative Citations to the owner(s) on title for Operating a Vacation Rental without a Vacation Rental Registration Certificate. Individuals Operating a Vacation Rental without Vacation Rental Registration Certificate are subject to permanent ineligibility to operate a Vacation Rental in the City of Palm Springs, and Administrative Fine of$5,000.00 on the first violation of the PSMC § 5.25.090(c). Five appeal hearings were scheduled on March 19, 2018. Four of the five members comprising the Administrative Appeals Board were present in person during each of the hearings. Three votes were needed for appellants to win their appeals. Four of the five appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department with the appeals being denied. One appeal hearing was continued at the request of the appellant to a future date. Additional hearing details are provided in the chart on page two. 05 Administrative Appeals Board Staff Report March 19, 2018-- Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY OPERATING WITHOUT A VACATION RENTAL REGISTRATION CERTIFICATE* APPELLANTS NAME PROPERTY UPHOLD UPHOLD $5000 ADDITIONAL ADDRESS PERMANENT FINE NOTES INELIGIBILITY JAMIE RIO MARTINEZ APPEAL AND PADMINI ANNE 1801 S. LA PALOMA 4 AYES, 0 NOES 4 AYES, 0 NOES DENIED WYE RAJINDER SINGH REHAL AND 5951 MONTECITO 4 AYES, 0 NOES 4 AYES, 0 NOES APPEAL RASHPAL SINGH DRIVE, UNIT #6 DENIED REHAL CROTTY PROPERTIES, LLC AND DANIEL CROTTY 2810 N ARCADIA 4 AYES, 0 NOES 4 AYES, 0 NOES APPEAL AND KIMBERLY COURT, UNIT#206 DENIED FRANCIS LEONOUDAKIS DAVID BYRON AND 505 S FARRELL, 4 AYES, 0 NOES 4 AYES, 0 NOES APPEAL RENO DORICCHI UNIT #H50 DENIED *APPEAL HEARING FOR RICHARD A BIAMA, 1970 S JOSHUA TREE PLACE, CONTINUED TO A FUTURE DATE. Boris tark Vacation Rental Compliance Official Suzan a Severin Vacation Rental Compliance Official 06