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Home My WebLink About9/6/2017 - STAFF REPORTS - 1.T. kip p1.M$A kECEIVLD ► IT Y OF PALF1 Sppi i, �A�[! v an y 2117 JUL 24 PH T 53 i CGIlO �� i c'Q[lFOgN�P u;'I•fC� L; il � �..';I � �'�v;.; CITY COUNCIL STAFF REPORT DATE: July 24, 2017 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON JULY 17, 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 June of 2017 the Vacation Rental Compliance Department issued Administrative Citations for Operating a Vacation Rental without a Vacation Rental Certificate. Individuals Operating a Vacation Rental without Vacation Rental 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). The Administrative Appeals Board is comprised of four members. Eight appeal hearings were held on July 17, 2017. The City Prosecutor advised the appellants in order to win their appeals they needed three out of the four votes. Six appeal hearings resulted in upholding the actions of Vacation Rental Compliance Department. Of the six appeals heard, two appeals were denied, two appeals resulted in a tie vote effectively denying the appeal, and two individuals paid the Administrative Fine of $5,000.00 and agreed to register under the terms of the Corrective Action Plan. One appeal hearing was withdrawn by the City due to evidence presented by an Owner of the property; and one appeal hearing was rescheduled to a future date. Additional hearing details are provided in the chart on page two. ITEM NO.,, t,,,,.,.�� Administrative Appeals Board Staff Report July 24, 2017— Page 2 Administrative Appeals Board Summary Appellants Name Property Address Uphold Permanent Uphold$5000 Additional Notes Ineligibility Fine Ms. Marina Zecevic 1990 N. Farrell Drive 3 Ayes, 1 Noes 3 Ayes, 1 Noes Appeal Not Granted Ms.Joanna Grollmus 5265 E.Waverly Drive 3 Ayes, 1 Absent 4 Ayes, 1 Absent Appeal Not Granted Mr. Richard Lampley 500 E.Amado Road 2 Ayes,2 Noes 2 Ayes,2 Noes Appeal Not Granted Mr.Andrew Kras 1454 Sunflower Circle 2 Ayes,2 Noes 2 Ayes,2 Noes Appeal Not Granted Property owner agreed to pay the Ms.Sandra Betlan 2104 N.Volturno Road WA 4 Ayes Administrative Fine,and register under Corrective Action Plan. Mr.Anthony Sanchez Property owners agreed to pay the &Mr.Steven 504 N. Farrell Drive WA 4 Ayes Administrative Fine,and register Edwards under Corrective Action Plan. Administrative Fine&Permanent Mr. Limneo Valencia 1692 Sunflower Court N/A N/A Ineligibility withdrawn by the City due to evidence presented by the Owner Mr.Jeffrey U in 11035 W.Oakcrest Drive WA N/A Hearing Rescheduled to 7/28/2017 Boris tark Vacation Rental Compliance Official OTT LM . �y RLCL'IVED UF PALt1 ii; * Y * ,,...,,,'4 * 2117 AUG -1 PM 4. 08 °441 OF:0RN�P i'FICF CF _k+ F wi,k 'r' C .i CITY COUNCIL STAFF REPORT DATE: August 2, 2017 SUBJECT: DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON JULY 28, 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 June 2017, the Vacation Rental Compliance Department issued Administrative Citations 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 Chapter 5.25.090(c). The Administrative Appeals Board is comprised of four members. Four appeal hearings were scheduled on the Agenda to be heard on July 28, 2017; two (2) appeals hearings were pulled from the AGENDA by the City Attorney based on the following. Prior to July 28, 2017, the City Attorney determined, following a consultation with the Vacation Rental Compliance Officials, that with respect to two (2) of the Administrative Citations issued, the owner was operating a Homeshare and not a Vacation Rental as cited. The definition of "Vacation Rental' in Ordinance No. 1918 specifically excludes Homesharing. Accordingly, the Administrative Citations were withdrawn, and the owners were issued an Administrative Citations pursuant to PSMC Chapter 5.25.090(a); Administrative Fine of $500.00 and offered a Corrective Action Plan. Of the remaining two (2) appeal hearings scheduled, one (1) appeal was denied resulting in upholding the actions of the Vacation Rental Compliance. The second appeal hearing was rescheduled for Monday August 28, 2017 at the request of the appellant; the City Prosecutor advised that in order to win an appeal, three (3) out of the four (4) votes were required from the Administrative Appeals Board. Additional details of all four (4) hearings are provided in the chart on page two. Administrative Appeals Board Staff Report August 2, 2017-- Page 2 ADMINISTRATIVE APPEALS BOARD SUMMARY APPELLANTS PROPERTY UPHOLD UPHOLD ADDITIONAL NOTES NAME ADDRESS PERMANENT $5000 FINE INELIGIBILITY Gregory 4280 Rex Court Original citation Rodriguez withdrawn and reissued under section 5.25.090 a Andrew Linsky 1019 W. Cielo Drive Original citation withdrawn and reissued under section 5.25.090 a Jeffrey Upin 1035 W. Oakcrest 3 Ayes, 1 No 3 Ayes, 1 No Appeal not granted Drive Jonathan 1020 E. Christina Hearing rescheduled Clark Bender Way August 28, 2017 Bons ark Vacation Rental Compliance Official