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Home My WebLink About1/3/2018 - STAFF REPORTS - 1.I. ppA MSA4 Cd v Ub # yCp A4 M MwA1N C411 PO R��P CITY COUNCIL STAFF REPORT DATE: DECEMBER 4, 2017 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON DECEMBER 4, 2017 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. Three appeal hearings were scheduled on December 4th, 2017. 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. All three appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department. Of the three appeals heard, three appeals were denied. Additional hearing details are provided in the chart on page two. ITEM NO. -L-T, Administrative Appeals Board Staff Report December 4, 2017-- Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY APPELLANTS PROPERTY ADDRESS UPHOLD UPHOLD$50001$10000 ADDITIONAL NAME PERMANENT FINE NOTES INELIGIBILITY Michael C. Marini & 421 S. Cahuilla 3 Ayes, 0 No 3 Ayes, 0 No- $10,000 Appeal denied Erika R. Marini Bruce Manchel & 1421 Amelia Way 3 Ayes, 0 No 3 Ayes, 0 No- $5,000 Appeal denied Janine Manchel VACATION RENTAL REGISTRATION CERTIFICATE SUSPENSIONS APPELLANTS PROPERTY UPHOLD THIRD UPHOLD 2-YEAR ADDITIONAL NAME ADDRESS CITATION SUSPENSION NOTES Kevrue Trust, Larue Charrese Anderson, 1821 Navajo Circle 3 Ayes, 0 No 4 Ayes, 0 No Appeal denied Kevin Anderson Bons rk Vacation Rental Compliance Official Suzan Severin Vacation Rental Compliance Official e`z � o 1 Y N C4�t�ORN�P CITY COUNCIL STAFF REPORT DATE: November 14, 2017 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON NOVEMBER 13, 2017 REGARDING PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAUN THE CITY OF PALM SPRINGS AND ADMINISTRATIVE FINES FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY; AND TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ASSOCIATED THIRD/FOURTH ADMINISTRATIVE CITATIONS 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 to an Administrative Fine of$5,000.00 per 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 with the suspension appeal according to PSMC Chapter 2.50. Six appeal hearings were scheduled on November 13, 2017. Four of the five members comprising the Administrative Appeals Board were present. Three out of the four votes were needed for appellants to win their appeals. All six appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department. Of the six appeals heard, five appeals were denied, and one appeal hearing resulted in a tie vote effectively denying the appeal. Additional hearing details are provided in the chart on page two. 03 Administrative Appeals Board Staff Report November 13, 2017--Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY APPELLANTS PROPERTY ADDRESS UPHOLD UPHOLD S5000 ADDITIONAL __. NAME PERMANENT FINE NOTES INELIGIBILITY Michelle R. Martin 2701 E. Mesquite, R-81 4 Ayes,0 No 4 Ayes,0 No Appeal denied k Barry Tice/Marina 510 Villa Court,#102 Lecou 4 Ayes,0 Noes 4 Ayes,0 Noes Appeal denied Judith Aner 675 N. Los Felices,#119 2 Ayes,2 Noes 2 Ayes,2 Noes Appeal denied Matthew Nguyen 1349 S.Yermo 4 Ayes,0 No 4 Ayes,0 No Appeal denied APPELLANTS PROPERTY ADDRESS UPHOLD THIRD UPHOLD 2-YEAR ADDITIONAL NAME CITATION I SUSPENSION NOTES rfi�saAlter/Steven 1826 S.Aquanetta 4 Ayes, 0 No 14 Ayes 0 No Appeal denied Alter i __._ _ Ani Pogosian 3390 E. Circulo San 3 Ayes, 1 Noes' 3 Ayes, 1 Noes Appeal denied Sorrento 'Both the third and fourth Administrative Citations were heard. l3orl tark Vacation Rental Compliance Official Suzan We Severin Vacation Rental Compliance Official ON ;OppALMsp� V N 4 ry��0Ap4Afl4 4�e x cq1 I FORN�P CITY COUNCIL STAFF REPORT DATE: November 1, 2017 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON OCTOBER 27, 2017 REGARDING PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND 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 to an Administrative Fine of $5,000.00 per PSMC § 5.25.090(c). Five appeal hearings were scheduled on October 27, 2017. The Administrative Appeals Board currently is comprised of four members. The City Prosecutor advised the appellants in order to win their appeals they needed three out of the four votes. All five appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department. Of the five appeals heard, four appeals were denied, and one appeal hearing resulted in a tie vote effectively denying the appeal. Additional hearing details are provided in the chart on page two. 05 Administrative Appeals Board Staff Report October 27, 2017-- Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY APPELLANTS PROPERTY ADDRESS UPHOLD UPHOLD$6000 ADDITIONAL NOTES NAME PERMANENT FINE INELIGIBILITY Samija Ajanic 820 S. Nueva Vista Drive 3 Ayes, 1 No 3 Ayes, 1 No Appeal not granted Clemente Ambrosano/Maria 3155 E. Ramon Road, 2 Ayes, 2 Noes 2 Ayes, 2 Noes Appeal not granted Ambrosano Unit 710 Lacie Beatty/Dina 400 N. Sunrise Way, 4 Ayes, 0 Noes 4 Ayes, 0 Noes Appeal not granted Elhishy Unit 107 Jaime Garza/Cesar 365 N. Saturno Drive, 3 Ayes, 1 No 3 Ayes, 1 No Appeal not granted Victoria Unit 17 Minka F. Hull/Mary 1350 Via Tenis 4 Ayes, 0 Noes 4 Ayes, 0 Noes Appeal not granted Joy Francis Boris Stark Vacation Rental Compliance Official Suzanne Severin Vacation Rental Compliance Official 04