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AMENDED

SUMMONS
(CITAC/ON JUDICIAL} !!fi!ED BY
Superior Court of California,
NOTICETODEFENDANT: Stoffer Jozef Wagelaar and Anna County of Monterey
(AVISO AL DE~NDADO): de Pasquale Wagelaar, as Co-Trustees On 6/7/2017 8:25:51 AM
of the .",fosef. Wagelaar Revocable Trust Established by By: Jessica Ray, Deputy
De~~aration of Trust dated January 31, 2007, as Restated
4
f80'Aaalalft2~ 4\li&eiY~NTIFF: Cit)' of Carmel-by-the-Sea
(LO ESTA ~1/RANDANDO I!L DEIIAANDANTE):

The name, lldchu, lllld telephone number of plalntltre attorney, or plaintiff without an allorneV,Is:
(EI nombre, 111 dlreocl6n y 11/llllmeiO ds lel4frlno dsl /lboglldo del dsmlmdante, o del dematrdllnl& que no liiiM abogtldo, er}:
Donald G. Freeman, P.O. Box 80S, Carmel, CA 93921 (831)624-5339 Ext. 11
G.R. Mozingo, P.O. Box 805, Carmel, CA 93921 (831)624-5339 Ext. 11
. Deputy
DATE:
(Facha)
6/7/2017 Clark, by
(iklct8terioJ
Isf Jesstca
. Ray (Adjunto)
(For PfOO( of~ ilflllillsummons, , . PiiiOI of Servlca of Summana (fonn POSOOtO).)
(Pare proe/Ja de anl1flga llfltstB citatf6n usa e1 folmuJafio PRJOf of Slivioe of Summons, (POS-DfO)}.
NOTICE TO THE PERSON SERVED: You 818 aeM!d
1. CXI aa an Individual defendant
2. D as the pa11011aued undar the ficlitioua nama of (specifY):

3. D on behalf of (fl*/fY}:
under. 0 CCP 418.10 (CO/PMIIIOn) CJ CCP 418.80 (minor)
D CCP418.20(daf'Unctcorp0111llon) D CCP418.70(~)
CJ CCP 418.40 (ssaoc:illllon or paMelslilp) CJ CCP 418.80 (au111oril.ed peraonJ
DO Olhet(l!PecifY): City - Municipal Corporation
4. D by peraonal deliYIIIY on (lifllll):
SUIWVIONS
SUPERIOR COURT OF MONTEREY COUNTY
Monterey Branch. 1200 Aguallto Road Monterey, CA 93940
CASE NUMBER
City Of Cannel by the Sea 17CV002052
ve.
Stoffer JozefWagelaar, Co- Truetfta of the
Joaet'Wqelaar Revocable Truat Eatabllahed By Caaa Management Conference
Declaration Of trust dated January 31,2007 aa
raatated Julv 24 2014 at al.

NOTICE OF ASSIGNMENT AND CASE IV!ANAGEMENJ CONFERENCe


Your case number ending EVEN Is assigned for all purposes to the Hon. Thomu w. Wills
Your case number ending ODD le anlgned for all purpoan to the Hon. Suaan J. Matcham

This notk;e and AltemaHve Dispute Resolution (ADR) Information packet !l!liJI be served together with the
SUmmons and Complaint pursuant to California Rule of Court 3.221. Patties 8ffl required to follow the
case management I'Uiea as outUnad In CBI/fomia Rule of Court 3.722 and Chapter 6 of the Local Rutas of
Court found on the court webslta at www.monteraycgurt.es.oov . A case management statement from
each party or joint statement shall be filed prior to the conference as outlined In California Rule of Court
3.725.

Date: October 10. 2017 nme:9:00 AM Depar&ment14


Location: Monterey Courlhouu. 1200 AGUAJITO ROAD. MONTEREY. CA 93940

Pursuant to statutes of the Stele of California, It Is the responslbUity of the court to establish procedures
for the timely and effective disposition of civil cases.

The court Is charged with the responsibility ot ensuring all parties a fair and timely resolution of their
disputes, and the court Is In the best posiUon to establish neutral rules and policies without adversely
atrecHng an parties' right to a fair trial. Etrecllve management of the judicial system will build continuing
respect by the community of government, minimize the costs to the parties and the public, and maximize
the probabBity that cases will ba timely resolved.

The goals of the Monterey County clvfl case end trial management system are:
1. To provide an effective and fair procedure for the timely disposition of civil cases;
2. To provide a mechanism to gather needed case lnformaHcn In order to make appropriate judicial
management decisions; and
3. To establish reasonable rules and policies to require that cases reporting 'reedy" for trial may be
tried without unnecessary delay& or Interruptions.

NOTICE OF ALL PURPOSE CASE ASSIGNMENT (Rev. Jllflllllry2018]


(Civil)
1 D!Jn Freeman, Esq. (SBN 47833) !EXEMPT FROM FILING FEES
C1ty Attorney 1JNDER GOVT. CODE SEC. 6103]
2 Cannel-by-the-Sea ELECTRONICALLY FILED BY
3 G. R. Mozingo, Esq. (SBN 89876) Superior Court of California,
Assistant to City Attorney County of Monterey
4 Carmel-by-the-Sea On 6/6/2017 2:48:32 PM
P.O. Box 805 By: Jessica Ray, Deputy
s Carmel-by-the-Sea, CA 93921
6

7 Attorneys for Plaintiff


City of Carmel-by-theSea
8

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA


CITY OF CARMEL-BY-THE-SEA COUNTY OF MONTEREY
10

11 17CV002052

12
CITY OF CARMEL-BY-THE-SEA )
)
13 Plaintiff, ) VERIJFIEID COMPLAINT
)
14 v. ) COMPLAINT FOR CIVIL PENALTIES,
15
) PERMANENT INJUNCTION AND OTHER
STOFFER JOZEF WAGELAAR AND ANNA ) EQUITABLE RELJIEF FOR VIOLATIONS
16 DEPASQUALEWAGELAAR,ASCO- ) OF CARMEL-BY-THE-sEA CMC: 17.08.flfi0
TRUSTEES OF THE JOSEF WAGELAAR ) PROHIBITED USES ORDINANCE 89-17
17 ) (PROPERTY OWNER UTILIZING
REVOCABLE TRUST ESTABLISHED BY
18 DECLARATION OF TRUST DATED ) PROPERTY FOR TRANSIENT LODGING
JANUARY31,2007 AS RESTATED JULY 24, ) USES FOR REMUNERATION IN A
19 2014; DOES 1-25. ) RESIDENTIAL DISTRICT).
)
20
Defendants. ) ILLEGAL COMMERCIAL USE OF A
_ _ _ _ _ _ _ _ _ _ _ _ _ ) SINGLE-FAMILY RESIDENCEINTHER-1
21 1
) DISTRICT.
22
REQUEST !FORAN ACCOUNTING OF
23
ILLEGAL RENTAL OF A SINGLE-FAMILY
24 RESIDENCE WITHIN THE R-1 DISTIUCT.

25 FAILURE OF DEFENDANTS TO REGISTER


WITH THE CITY OF CARMEL-BY-THE-
26
SEA AS AN OPERATOR OF A HOSTELRY.
27
FAILURE TO COLLECT TRANSIENT
28 OCCUPANCY TAX AND REPORT REN'Jl'S.
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
I
1 Plaintiff, the People of the State of California, by and through Donald Freeman, City Attorney
for the City of Carmel-by-the-Sea, alleges the following based upon information and belief:
2

3 INTRODUCTION

5 I. . In the month of May 1989, the Carmel-by-the-Sea City Council unanimously adopted
6 City Ordinance (89-17) of the Carmel-by-the-Sea Municipal Code (hereinafter referred to as C.M.C.)
7 Section 17.08.060. The Ordinance prohibits the "Transient Commercial use of Residential Property for
B Remuneration ... in the R-1 District."
9 2. This Ordinance defines the "Transient Commercial use of Residential Property'' as
10 "The commercial use, by any person, of Residential Property for bed and breakfast, hostel, hotel, inn,
11 lodging, motel, resort, or other transient lodging uses where the term of occupancy, possession or
12 tenancy of the property by the person entitled to such occupancy, possession or tenancy is for less than
13 thirty (30) consecutive calendar days." The Ordinance defmes remuneration as "compensation, money,
14 rent, or other bargained for consideration given in return for occupancy, possession or use of real
15 property."
16 3. The Ordinance further provides that "[a]ny Person acting as agent, real estate broker,
17 real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for
1e the nse of Residential property... " and "[a]ny Person who uses, or allows the use of, Residential
19 Property in violation [of the ordinance] is guilty of an infraction for each day in which such Residential
2o Property is used, or allowed to be used ... "
21 4. The Ordinance provides that in order to enforce the Ordinance, "[t]he City Attorney
22 may seek legal, itijunctive or other equitable relief... "
23 5. The purpose of the Residential Zoning Districts is to maintain the residential village
24 character of the City and encourage originality, flexibility, and diversity in residential design that
25 respects the forest setting, the constraints of each site, and the surrounding neighborhood. Further, the
26 R-1 Single-family Residential District is designed to provide an appropriate land area for permanent
27 single-family residential uses and structures and to enhance and maintain the residential character of the
28 City. These goals have been set out in the approved General Plan.
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTIIER EQUITABLE RELIEF
2
1 6. On May 181\ 1992, the United States Supreme Court let stand the decision of the
2 California State Appeals Court upholding the validity of Carmel-by-the-Sea City Ordinance (89-17)
3 which prohibits the rental of single-family residences for periods of less than thirty (30) days in the
4 (R-1) Residential District.
5 7. Plaintiff is informed and believes and on that basis, alleges that Defendants and each o
6 them during the period from 2015 through the present date, have continually violated Carmel-by-the-Se
7 City Ordinance (89-17), despite numerous warnings and admonitions, and their written recognition that
8 they have. been advised of the prohibition of their continuing conduct, as set out in Carmel-by-the-Sea
9 City Ordinance (89-17).
10 8. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
11 them during the period from 2015 through the present date, have retained the services of a public
12 website that offers their residence for occupancy for a period of as little as three (3) days in the (R-1)
13 Residential District in further violation of Carmel-by-the-Sea City Ordinance (89-17.)
14 9. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
15 them, have received and continue to receive remuneration for the renting of their single-family residence
16 through the payment program known as "PayPal" and other sources when offering their property for ren
11 for durations of less than thirty (30) days in violation of Carmel-by-the-Sea City Ordinance (89-17).
18 I0. Defendants, through their refusal to comply with the Carmel-by-the-Sea City Ordinanc
19 (89-17), have displayed their contempt for the law and their intention to violate Carmel-by-the-Sea City
20 Ordinance (89-17), to the detriment of the community and citizens of Carmel-by-the-Sea.
21

22 PLAINTIFF/ DEFENDANTS VENUE


23

24 II. Plaintiff, City of Carmel-by-the-Sea, is a general law city and municipal corporation
25 organized and existing pursuant to California law and the California Constitution.
26 12. Plaintiff is informed and believes and on that basis, allege that Defendants and each of
21 them are the owners of a single-family, residential property held under a Revocable Living Trust. The
28

COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION


AND OTHER EQUITABLE RELIEF
3
1 subject property is zoned in District "R-1" in the City of Carmel-by-the-Sea. Defendants' property is
2 physically located at Guadalupe 2NE of 4th (APN-010-023-018).
3 13. Defendants and each of them are operating a residential rental business under the name
4 of"Dutch Casetta" and "Dutch Casetta Rental Home, Camel, CA." within the city limits ofCarmel-by-
5 the-Sea.
6 14. The true names and capacities, whether individual, corporate, associate or otherwise, of
7 Defendants sued herein as Does I through 25, inclusive, are unknown to Plaintiff who therefore sues
f
a such Defendants by fictitious names. Plaintiff will seek leave to amend this Complaint to show the true
9 names and capacity of such Defendants when the same have been ascertained. Plaintiff is informed and
10 believes and thereon alleges that each of the Defendants designated herein as a Doe was in some manner
11 responsible for the occurrences alleged herein.
12 15. At all times mentioned herein, each and every Defendant was the agent and employee
13 .of each and every other Defendant and in carrying out the acts alleged was acting within the course and
14 scope of such agency and employment, and in carrying out the acts alleged was acting with the consent,
15 permission and authorization of each of the remaining Defendants. All actions of each Defendant herein
16 alleged were ratified by each of the other Defendants and approved by the officers or managing agents
17 of every other Defendant.
18

19 DEFENDANTS BUSINESS ACTS AND PRACTICES


20

21 16. On December 291h, 2015, Contract Code Compliance Officer, AI Fasulo, mailed a
22 notice of violation letter to Defendants addressed to Josef Wagelaar, a trustee ofthe Josef Wagelaar
23 Revocable Trust, (hereinafter referred to as Defendants), informing him that he was in violation of
24 Section 17.08.060 of the Carmel-by-the-Sea Municipal Code City Ordinance (89-17), "Transient
2s lodging uses for remuneration prohibited in the residential districts ... " Defendants were also informed
26 of the VRBO website listing them as the owners of the subject property, as evidence ofthe prohibited
21 activity.
28

COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION


AND OTifER EQUITABLE RELIEF
4
1 17. Defendants were requested to return an enclosed copy of the December 291h, 2015
2 letter, acknowledging that they were now aware of Carmel-by-the-Sea City Ordinance (89-17) and that
3 they would cancel rental contracts, if any, and return deposits they may have received, if any. The letter
4 also informed Defendants that the communication was a formal notice that the City would have no other
5 option than to take legal action for any further violation of Carmel-by-the-Sea City Ordinance (89-17).
6 A deadline of January sm, 2016 was given for the requested reply and compliance. (EXHIBIT A)
7 18. Defendants failed to acknowledge the correspondence of December 291h, 2015, nor did
s they respond as requested.
9 19. On April41h, 2016, Code Enforcement personnel conducted further research on short-
10 term rentalltransient lodging activity on the VRBO website and discovered that the subject property was
11 listed on the public website VRBO, which offered the subject property for rent for a fee of three hundred
12 fourteen dollars ($314.00) average nightly cost, with a minimum stay of three (3) nights. (EXHIBIT B).
13 20. On April301h, 2016, Contract Code Compliance Officer, AI Fasulo, caused to be mailed
14 a second notice of violation to Defendants informing them that they were in violation ofC.M.C. Section
15 17.08.060, Carmel-by-the-Sea City Ordinance (89-17), "Transient lodging uses for remuneration
16 prohibited in the residential districts ... ," and further informing them of the website listing, as evidence
11 of such activity, (copies of all Municipal Code Sections were attached to this communication).
18 Defendants were, once again, requested to execute an enclosed copy of the letter acknowledging that
19 they were now aware of City Ordinance (89-17), and that they would cancel rental contracts, if any, and
20 return deposits they may have received, if any. Defendants were, once again, informed that the letter
21 was a formal notice that the City would be taking immediate legal action for any violations of Carmel-
22 by-the-Sea City Ordinance (89-17). A deadline for response was given as May 13th, 2016.
23 (EXHIBIT C)
24 21. On May 91h, 2016, Defendant JosefWagelaar returned a signed letter acknowledging
25 receipt ofNotice of Violation, addressed to the City of Carmel-by-the-Sea, Code Compliance Officer,
26 AI Fasulo. (EXHIBIT D)
21 22. On August 8th, 2016, Code Enforcement personnel conducted further research on short-
28 term rental lodging activity on the VRBO website and found the property "Dutch Casetta" offered for
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
5
1 rent for an amount of three hundred twenty-five dollars ($325.00) average nightly cost, with a miriimum
2 stay of three (3) nights. (EXHIBIT E)
3 23. On March 14, 2017, Contract Code Compliance Officer, Irma Gowin, initiated a
4 booking process to rent the subject property for a period of less than thirty (30) days using the name,
5 Rayne Fairsom. Communications regarding the rental were through the Defendants and property
6 owners via e-mail and telephone conversations. (EXHIBIT F)
7 24. On March 24, 2017, Contract Code Compliance Officer, Irma Gowin, made a
8 successful booking of the subject property for a period of less than thirty (30) days, using the name of a
9 real person, Gregory Griffith. The Defendants confirmed payment of a deposit of one hundred fifty
1o dollars ($150.00} through PayPal. The Defendants subsequently sent the property address and direction
11 on how to find the property to Griffith via email correspondence. (EXHIBIT G)
12 25. On March 251h, 2017, Contract Code Compliance Officer, Irma Gowin, was able to
13 book yet another reservation of the subject property for a period ofless than thirty (30) days, using the
14 name of a real person, Raymundo Diazleal. The Defendants confrrmed payment of a deposit in the
15 amount of one hundred fifty dollars ($150.00) through PayPal. Defendants thereafter sent the address
16 and directions as to how to locate the property via e-mail correspondence. (EXHIBIT H)
17 26. Defendants, after acknowledging receipt of notices of violations, refused to comply
18 with the C.M.C. Section 17.08.060, City Ordinance (89-17) and have elected to continue their activities
19 in violation of the Carmel-by-the-Sea City Ordinance (89-17) to the determent of the community and its
2o regulations pertaining to Defendants' conduct.
21

22 FIRST CAUSE OF ACTION


23
VIOLATION OF CARMEL-BY-THE-SEA MUNICIPAL CODE SECTION 17.08.060
24
CITY ORDINANCE (89-17)
25

26 27. Plaintiffrealleges Paragraphs I through 26 and incorporates these Paragraphs by


27 reference as though they were fully set forth in this cause of action. Defendants, Josef Wagelaar and
2a Anna De Pasquale Wagelaar, have violated CMC 17.08.060 of the Carmel-by-the-Sea City Ordinance
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
6
1 (89-17), by committing unlawful, unfair, and prohibited business acts and practices. These acts and
2 practices include, but are not limited to, the following: I

3 a) The renting of a single-family residence in the City of Carmel-by-the-Sea for a


4 period of less than thirty (30) days, within the city limits in violation of Carmel-by-the-
5 Sea City Ordinance (89-17). (This Ordinance was challenged in the matter of Ewing v.
6 City of Carmel-by-the-Sea, Case No. M2110. The trial court upheld the Ordinance, an
7 on Appeal, the Sixth District Court of Appeal affirmed, Ewing v. City of Carmel-by-
8 the-Sea, 234 Cal. App.3'd 1579 (1992.) Both the California Supreme Court and the
9 United States Supreme Court declined to review the decision of the Sixth District Court
10 of Appeal.)
11 b) The listing of a single-family residence on a public website offering the rental o
12 a property for a minimum period of three (3) days, in violation of Carmel-by-the-Sea
13 City Ordinance (89-17).
14 c) Failing to collect and pay to the City of Carmel-by-the-Sea a Transient tax for
15 short-term rentals.
16 28. Violation of the C.M.C. Section 17.08.060 is an infraction and is subject to civil and
11 criminal enforcement pursuant to C.M.C. Sections 1.16.010 (c) (3) (b) and _l.16.0l0 H. A true and
1a correct copy of these sections are attached hereto as EXHIBIT I.
19 29. Unless and until this Court issues and enforces an injunctive order prohibiting
20 Defendants from rending their home in the R-1 District for periods of less than thirty (30) consecutive
21 days, Defendants and each of them will continue to do so in violation of City Ordinance (89-17). The
22 City of Carmel-by-the-Sea has no other adequate civil remedy to prevent or prohibit violation of City
23 Ordinance (89-17).
24 III
25

26 Ill
27

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COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
7
1 SECOND CAUSE OF ACTION
2
REQUEST FOR AN ACCOUNTING OF ILLEGAL RENTAL OF SINGLE-FAMILY
3
RESIDENCES WITHIN THE R-1 DISTRICT
4
(Carmel Municipal Code Section 3.32.080)
5

6 30. Plaintiffrealleges paragraphs I through 29 of the Introduction.


7 31. Plaintiff realleges paragraphs 11 through 15 Plaintiff/ Defendants Venue.
8 32. Plaintiffrealleges paragraphs 16 through 26. Defendants' Business Acts and Practices.
9 33. Plaintiffrealleges paragraphs 27 through 29 First Cause of Action.
10 34. Pursuant to C.M.C. Section 3.32.080, the City has the right to obtain facts and
11 information regarding the rental of single-family residences within the R-1 District in order to determine
12 and assess the CitY's Transient Occupancy Tax, Interest, and Penalties due to the City. A true and
13 correct copy ofC.M.C. Section 3.32.080 is attached hereto as EXHIBIT J.
14 35. Plaintiff requests that Defendants, Stoffer JozefWagelaar and Anna De Pasquale
15 Wagelaar, be ordered by this court to produce all records, agreements, and other information to Plaintiff
16 within fifteen (15) days of the filing of this Complaint indicating any and all rentals ofless than thirty
17 (30) consecutive days of the Wagelaar Residence, including but not limited to any rentals handled
18 through VRBO website from the previous four (4) years prior to the filing of this Complaint.
19 36. Plaintiff requests that Defendants, Stoffer JozefWagelaar and Anna De Pasquale
20 Wagelaar, be ordered by this court to produce documentation to Plaintiffwithin fifteen (15) days of the
21 filing of this Complaint indicating any and all rentals of less than thirty (30) consecutive days of the
22 Wagelaar Residence for the period of June l'' 2015 through the date of the filing of this Complaint.
23 37. Plaintiff requests that Defendants, Stoffer JozefWagelaar and Anna De Pasquale
24 Wagelaar, be ordered by this court to produce documentation to Plaintiff within fifteen (15) days of the
25 filing of this Complaint indicating any and all rentals ofless than thirty (30) consecutive days of any
26 single-family residences in the R-1 District of Carmel-by-the-Sea for the period of June 1st, 2015
27 through the date of filing of this Complaint.
28
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTiffiR EQUITABLE RELIEF
8
1 TmRD CAUSE OF ACTION
2
FAILURE OF DEFENDANTS TO REGISTER WITH THE CITY
3
AS AN OPERATOR OF A HOSTELRY
4
(Carmel Municipal Code Section 3.32.050)
5

6 38. Plaintiffrealleges paragraphs I through 10 of the Introduction.


7 39. Plaintiffrealleges paragraphs I I through I 5 Plaintiff I Defendants Venue.
8 40. Plaintiff realleges paragraphs I6 through 26 Defundants Acts and Practices.
9 41. Plaintiffrealleges paragraphs 27 through 29 of the First Cause of Action.
10 42. Plaintiffrealleges paragraphs 30 through 37 of the Second Cause of Action.
11 43. Pursuant to C.M.C. Section 3.32.050, an operator of any hostelry renting occupancy to
12 transients shall register the hostelry with the City Clerk and obtain a ''Transient Occupancy Registration
13 Certificate" to post on the premises. A true and correct copy ofC.M.C. Chapter 3.32 entitled ''Transient
14 Occupancy Tax" is attached hereto as EXHIBIT K.
15 44. Pursuant to C.M.C. Section 3.32.010 (A), a hostelry is defmed as: "[A]ny structure, or
16 any portion of any structure which is occupied or intended or designed for occupancy by transients for
17c dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio
18 hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club,
19 mobile home or house trailer at a fixed location ... " [emphasis added.]
20 45. Pursuant to C.M.C. Section 3.32.0 I0 (C), an operator is defined as: " ... the person who
21 is proprietor of the hostelry, whether in the capacity of owner, lessee, sub lessee, mortgages in
22 possession, licensee, or any other capacity. Where the operator performs his/her functions through a
23 managing agent of any type or character other than an employee, the managing agent shall be deemed an
24 operator for the purpose of this Chapter and shall have the same duties and liabilities as her/his principal.
25 Compliance with the provisions of this Chapter by either the principal or the managing agent shall,
26 however, be considered to be compliance by both."
27 46. Defendants, Stoffer JozefWagelaar and Anna De Pasquale Wagelaar, have failed to
28 register with the City as an operator of a hostelry as required by the Carmel Municipal Code.
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND 01HER EQUITABLE RELIEF
9
1 FOURTH CAUSE OF ACTION
2
FAILURE TO COLLECT TRANSIENT OCCUPANCY TAX
3
AND REPORT RENTS
4
(Carmel Municipal Code Sections 3.32.020, 3.32.040, 3.32.060)
5

6 47. Plaintiffrealleges paragraphs I through 10 of the Introduction.


7 48. Plaintiffrealleges paragraphs II through 15, Plaintiff/Defendants Venue.
8 49. Plaintiffrealleges paragraph 16 through 26, Defendants Acts and Practice.
9 50. Plaintiffrealleges paragraphs 27 through 29 of the First Cause of Action.
10 51. Plaintiff realleges paragraphs 30 through 37 of the Second Cause of Action.
11 52. Plaintiffrealleges paragraphs 38 through 46 of the Third Cause of Action.
12 53. Pursuant to C.M.C. Section 3.32.020, an operator is required to collect ten percent
13 (I 0%) of the rent charged by the operator from the transient at the time the rent is paid.
14 54. Pursuant to C.M.C. Section 3.32.040, it is the duty of the operator to collect the tax at
15 the time the rent is paid, and to state, for the benefit of the transient and the City, the amount of the tax
16 separately from the amount of the rent charged.
17 55. Pursuant to C.M.C. Section 3.32.060, it is the duty of the operator to report to the City
18 each quarter, or more often if1requested by the City, the total rent charged and received, and the amount
19 of the tax collected for transient occupancies for the reporting period.
20 56. Defendants, Stoffer JozefWagelaar and Anna De Pasquale Wagelaar, in entering in the
21 Rental Agreement of the Wagelaar's Residence, failed to collect the ten percent (10%) tax, failed to
22 indicate any amounts owed to the City in the Rental Agreement, and failed to report rents collected and
23 taxes due to the City.
24 III
25

26 III
27

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COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
10
1 PRAYER FOR RELIEF
2

3 WHEREFORE, Plaintiff CITY OF CARMEL-BY-THE-SEA prays for reliefs as follows:


4 I. Tbat under C.M.C. Code Section 17.08.060 Prohibited Uses, City Ordinance (89-17)
5 Defendants, Stoffer JozefWagelaar and Anna De Pasquale Wagelaar, their successors, agents,
6 representatives, employees, and all persons or entities who act in concert with or on behalf of the
7 Defendants be preliminarily and permanently enjoined from committing any act in violation ofC.M.C.
s Code Section 17.08.060 Prohibited Uses, City Ordinance (89-17) including the violations alleged in the
9 First, Second, Third, and Fourth Causes of Action.
10 2. That under C.M.C. Code Section 17.080.060 Prohibited Uses, City Ordinance (89-17),
11 Defendants be ordered to pay an amount to be determined at the time of trial for each violation of the
12 City Ordinance (89- 17).
13 3. That the Defendants, Stoffer JozefWagelaar and Anna De Pasquale Wagelaar, be
14 required to turn over to the City of Carmel-by-the-Sea, within fifteen (15) days from the date of this
15 Complaint, an accounting indicating any and all rentals of less than thirty (30) consecutive days of the
i6 Wagelaar residence and any and all other rentals of less than thirty (30) consecutive days of single-
17 family residences in the R-1 district from June 1" 2015 through the date of filing of this Complaint.
18 Ill
19

20 Ill
21

22 Ill
23

24 Ill
25

26 !II
27

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COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
II
1 4. That Plaintiff recovers its costs of the suit herein, including attorneys' fees and costs of
2 investigation.
3 5. For such other and further relief the Court may deem just and proper.
4

5 June 5,
Dated: _::.==-::..!.--_ _ _ _ _,2017

6 Respectfully Submitted,
7

9 ---.- ............. -------~--~'"'


Donald Freeman, Esq.
10
City Attorney
11 Carmel-by-the-Sea

12

13

14

15

16

17 Attorneys for Plaintiff,


City of Carmel-by-the-Sea
18

19

20

21

22

23

24

25

26

27

28
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION
AND OTHER EQUITABLE RELIEF
12
1 VERIFICATION
2

3 STATE OF CALIFORNIA )
)
4
COUNTY OF MONTEREY )
5

7 I, Marc Wiener, declare as follows:


a I am the Director of Planning and Building of the City of Carmel-by-the-Sea and am authorized
9 by the City to make this Verification.
10 I have read the foregoing Complaint and know the contents thereof; and I certify that the same is
11 true of my own knowledge, except as to those matters which are therein stated upon my infOrmation or
12 belief, and as to those matters I believe it to be true.
n I declare under penalty of perjury, under the laws of the State of California that the foregoing is
14 true and correct.
15 Executed on this 1~J day of June, 2017 at Carmel-by-the-Sea, California.
16

17

18
Marc Wiener

20

21

22

23

24

25

26

27

28

COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION


AND OTHER EQUITABLE RELIEF
13
City of Carmelaby-the~Sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POST OFFICE DRAWER G
CARMELDYTHE-SEA. CA 93921
{831)620.2010 OFFICE

December 29, 2015

Josef Wagelaar
567 Touriga Ct.
Pleasanton, CA 94566

Re: Code Compliance Case; coc 15406 (Wagelaar)


Transient Lodging Uses at Single-Family Residence
Location: Guadalupe between 3~ and 4'"
Block: 41, Lot: 16; APN: 010-023018

Dear Mr. Wagelaar:

It has been called to the attention of the City of Carmel-by-the-Sea that you are the owners of the
above-noted property and that you may be renting a residential unit on the property in violation of the
CitY's 30day minimum requirement for non-transient rentals. On December 14, 2015 the residence
located at Guadalupe between 3'0 and 4'" was observed on the "Vacation Rentals by Owners,"
, / www.vrbo.com website as listing #273380.

The City's Municipal Code, in Section 17.08.060 (Ordinance 89-17), states that "transient lodging uses
for remuneration are prohibited in the residential districts..." A copy of that section of the Municipal
Code is attached for your reference. The definition of "tr<~nsient" is set forth in Municipal Code Section
17.70.020 as "a period of time less than 30 consecutive days."

On May 18, 1992, the United States Supreme Court let stand the decision of the california State Appeals
Court upholding the validity of Carmel-by-the-Sea's City Ordinance 89-17 which prohibits the rental of
single-family residences for periods of less than thirty calendar days in the (R-1) residential district. A
copy of the ordinance is enclosed for your reference.

The City realizes that you may not have had prior knowledge of this prohibition; however we are
bringing this to your attention and the City also requires that you cancel any active or pending rental
contracts that are not in compliance with these regulations and return any deposits you may have
received.

COC 15-406 (Wagelaar)

EXHIBIT A
-
/ 9~'- -'b
..

Please sign the enclosed copy of this letter acknowledging that you are now aware of Ordinance 89-17.
The statement also confirms that you will cancel rental contracts, if any, and return deposits you have
received, if any, which are prohibited by this ordinance. Please return the executed copy of this letter in
the envelope provided no later than January 8, 2016.
Please also understand that this letter serves as a formal notice to you that any violations of Ordinance
89-17 by you or your rental agent acting on your behalf will result in the City taking immediate legal
action.

Your cooperation is greatly appreciated. If you have any questions or comment about this matter please
contact me.

Sincerely,

AI Fasulo
Contract Code Compliance Officer
cc: Donald Freeman, City Attorney

COC 15-406 (Wagelaar)


Dream Vacation In Your OWn Uttlo Dutch Casolta VRBO

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Carmel By the Sea ' VRBO Ustlng #273380


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Dream Vacation in Your Own Little


----Butclr-Gasetta ---------------~-

Avg. Nightly $314



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Minimum stay 3-30 nights
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Pay with confidence

htips://www.vrbo.cxxn/273380 EXHIBIT B
,4/412p16 Dream Vacation In Your Own Uttle Dutch Casetta- VRBO
., !
l:. ... . . .i ... :;,
iI . .
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booking is backed by our
Book with Confidence
Guarantee
Minimum stay: ......... 3-30 nights Learn more
Internet: ....... . Yes
Pets considered: ... Yes
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Wheel chair accessible: .. .. N/A

Reviews ~ 26
Sleeps 6
Property description Bedrooms 2 ;
Bathrooms 2
Intimate and private Dutch casetta, walking distance (3 blocks)
Property type House
to downtown Carmel-by-the-Sea and 12 blocks from the world
renowned Carmel Beach. Our home is surrounded by trees with
two bedrooms (2 queen), two full baths and vaulted ceilings
with skylights throughout.

There are two wood fireplaces and a private dining room with
seating for 6. French Doors lead to a private patio equipped
with a gas grill and outdoor dining furniture. The kitchen is fully ; Owner
equipped with tiled counters, gas range, dishwasher, disposal, i Member since: 2009
--.and-microwave.A-washer.and-dryer are also available in the j-S~ks:.E_ngllsh - ----~-----;--.
I
kitchen area. Send email

;~
There is space to park 1 car in the garage and additional space
for 1 car in the driveway. Parking on the street is also available. : Response Within 12 .
time hours i
No smoking please. j

Monthly and Weekly rentals. Response 900/o


rate
** Please also see my South Shore Lake Tahoe Cabin for Rent -
Property Number 250578** Calendar last 04/04/2016!
updated

J Show phone number

Keywords:

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Dream Vacation in Yocr Own Uttle Oulch Casetta- VRBO
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Property Type
House

Accommodation Type
Vacation Rental

Meals
Guests Provide
Their Own Meals

___ Suitability__________ . ..J. __ - . - -------------------


'
Children Welcome Non Smoking Only Pets Considered

Bedrooms: 2 Bedrooms, Sleeps 6, Beds for 4-6


Bedroom 1
Bedroom 2
Convertible bed(s)

Queen size Beds (2), Sleep Sofa(l)

Bathrooms: 2 Bathrooms
Bathroom 1

Bathroom 2 advertisement

Entertainment
DVD Player Satellite I Cable Stereo
VCR

hllos:llwww.vrlncanl273380
~1412,016 ' Dream Vacafion In Your Own Utile Dutch Casella VRBO

Attra~lons
Museums Restaurants

Leisure Activities
Antiquing Shopping Wildlife Viewing
Horseback Riding Sight Seeing

Sports &. Adventure Activities


Cycling Mountain Biking Swimming
Fishing Snorkeling/Diving Wind-Surfing
Hiking Surfing

Dining
Dining Area

--General------- -- - -. ---------------------------- --------

Clothes Dryer Internet Towels Provided


Fireplace Linens Provided Washing Machine
Garage Parking Off Street Wireless Internet
Wood Fireplace

Kitchen
Cooking Utensils Kitchen Refrigerator
Dishwasher Microwave

Outside
Deck/ Patio Outdoor Grill

Reviews
5~from Write a review
26 traveler reviews

JII1A
Dream Vacation in Your OWn UHie Dutch Casetla VRBO

6th Thanksgiving in a row in the Dutch


Casetta!!
Bpfee
san
Francisco We have greatly enjoyed our numerous stays at
this cottage. We love the coly feel and comfort of
the new beds. The sky lights add a lot of
brightness and warmth to the home. We love
hanging out in e spacious living room while
watching TV or playing games with the kids. And
having a pullout bed in the living room Is very
convenient.

Just a couple things could stand improvement:

Supplies could be better stocked (e.g., trash bags,


cleaning supplies)
Bathroom could use some updating (e.g., bath tub
spout not long enough)
Also, having a couple humidifiers would be nice
since the place gets very dry when the heat is on. ----------

Otherwise, the home is our home away from home


for Thanksgiving every year!

Stayed: November 2015


Submitted: November 29, 2015 Source: VRBO

Recommended for: Families with young children, Pet


owners, Age 55+

Was this review helpful? 0 Yes o No

Delightful get-away home


~
Bill T. This is the third time we have rented Joe and
Anna's home for one month. Every time we return,
more improvements have been made. The location
Is perfect. The fully fenced yard Is great for our
dogs. We have already reserved an additional
month for 2016.
Bill and lyn Turner

Stayed: October 2015


htiQst/www.vrbo.C<lltl/273380
41412016. Dream Vacation in Your Own Uttlo Dutch Casotlo- VRBO
Submitted: November 15, 2015
Source: HomeAway Family

Was this review helpful? 0 Yes o No

Immaculate, Spacious and Beautiful


Cottage
Anonymous
****
We were so thrilled about our time at the Dutch
Casetta, we can't wait to go back. The cottage is
lovely and had absolutely everything you would
want in a vacation rental. Spacious light-filled
living room with fireplace, large TV, and cozy
window seat; dining area facing a private
courtyard; well-equipped kitchen; beautifully
appointed bedrooms and baths; and a fully fenced
yard with access from the master bedroom and
dining area. The neighborhood is quiet, charming
and very convenient to the town of Carmel, the
--------- . beach,andthe highway. wearealready planhlng
our trip in the New Year and wouldn't want to stay
anywhere else!
HIGHLY RECOMMENDED!!

Stayed: September 2015


Submitted: October 6, 2015 Source: VRBO

Recommended for: Pet owners, Sightseeing, Girls


getaway, Age 55+, Romantic getaway

Was this review helpful? o Yes ' o No .

Comfy and cozy


~
PHl We 5 gals enjoyed this home so much! Roomy,
San very comfy beds (the 5th person slept on the sofa).
Francisco
Bay Area, CA Loved eating breakfast in the nook with the french
doors open to the patio. Large screen TV and comfy
seating perfect for a gals movie night. Would stay
again! Thanks Joe!

Stayed: September 2015


htfns:/Jwww.vrhn r.nm/?7.'t'Wl Cf4Q
Dream VacoUon in Your Own UHie Dutcll Casella- VRBO
Submitted: October 4, 2015 Source: VRBO

Was this review helpful? o Yes 0 No

A Short Stay in a Lovely Cottage with


Friends
Renee B. ~
We were surprised to have met the owner1 Joe
when we arrived. What a nice gentleman. He was
installing the flat screen TV that Marci mentioned
in her review! We toured the home and chatted
about the area. It was great! The home is lovely,
comfortable and walking distance to the town of
Carmel by the Sea. Very Convenient to the
highway for a drive to Big Sur1 Wine Country 1
Aquarium in Monterey and of course the 17 mile
drive and dinner at Pebble Beach. Some minor
updates could be made1 but with that being said
we enjoyed the cottage immensely, especially the
---- --"-- -----
----------patio-for-ourmorningcoffeeandevening"sflacks;-
wine and music. We had a wonderful stay and if
given the chance to come back to this arear we will
definitely book this house again! The time flew by
and vacation was too short. Thank you for sharing
your lovely Dutch Casetta with us!

Stayed: August 2015 Submitted: August 27, 2015


Source: VRBO

Recommended for: Sightseeing, Age 55+, Romantic


getaway, Families with teenagers

Owner response:
Thank you for the note,please Jet us know I
what are the minor updatesr
Thanks Anna Joe
I
Was this review helpful? 0 . Yes 0 No ,

GREAT CARMEL GETAWAY


lrtlns:i/www.vrbo.coml273380
41412016. Dream Vacllllon In )lu Own U!Ue Dutch Casetta VRBO

. .
tt!fl:::. We (2 couples) rented this lovely cottage for three
nights. It is perfect for a trip/visit to Carmel
ED (which we have been doing for over 30 years). Joe
and Ana, the owner's are very friendly and
accomodating. The house is very well equipped
with virtually everything you will need. Extremely
roomy with wonderful outdoor patio and lots of
windows doors, and skylights. One bathroom is en
suite and the second just outside the door of the
other bedroom. The location Is very quiet in
contrast from many of the motels/hotels that are
closer to the beach, but the cottage is still within
walking village of main Carmel attractions. We
highly recommend it as an alternative to local
hotels. You will need to provide your own
breakfast, but you have the ability to cook full
meals (nice kitchen), and the local Safeway is
about a mile or so away. In response to one of the
comments on this website, the owner has installed
a new wide screen HD TV in the living room.

--~-------_s.tayed: August2015 ~ ~- .Submitted: August 25, 2015


Source: VRBO

Recommended for: Girls getaway, Age 55+, Romantic


getaway

Was this review helpful? ; 0 Yes ; 0 No ;

Gorgeous, clean, and relaxing


~
Glenna R. This Is the greatest place ever! Brought my 2
Clovis, ca daughters and 2 grandchildren and we all loved it.
Even the neighbors were friendly and helpful!! ! It
was VERY clean and well-maintained. It's such a
beautiful & homey place and I plan to come again,
bringing along my girlfriends next time. Joe was
also very helpful with any questions I had. I would
HIGHLY recommend this beautiful home to anyone.
You won't regret it. :)

Stayed: July 2015 Submitted: August 7, 2015


Source: HomeAway Family

hllns11www.vrlnr.om1273.'lRO Af1A
Dream 14lcalion In Your Own Ultle Dutch Casella VRBO

Was this review helpful? 0 Yes o No

1'-14~~-:;;,
Getaway with Friends
~
Marcie we really liked the property. Very Comfortable. Lots
SF, Cal of windows/light. About .7 mile to town.
Since we hike most of the day and eat in at night,
we usually watch movies. Would be nice to have an
updated flat-screen TV in Living Room.

Stayed: June 2015 Submitted: June 11, 2015


Source: VRBO

Recommended for: Sightseeing, Girls getaway, Tourists


without a car, Age 55+, Romantic getaway

Owner response:
Next time you come I make sure you have a
flat screen Tv
- - - " -- ----Tilankyouforyoo for your comments and
review

Joe & Anna Wagelaar

Was this review helpful? 0 Yes o . No

Dutch Casetta Retreat


~
Mary 0. We were very pleasantly surprised with our stay at
the Dutch Cassette in Carmel by the Sea. Even
though the weather was a little cool we took
advantage of walking the beach, strolling the
village and enjoying the great restaurants that this
village has to offer. We met up with our middle
aged son in San Fran and headed down Highway 1
taking all of the scenery in. What an amazing
drive. We also had our son's dog and the village
and beach are so dog friendly that we took her
everywhere. The house was well stocked with
hltos://www.vrhtu.nmt:>73.1RO
4/412016 o,_, 1/aca\ion in Your OWn UWe Dutch Cas etta- VRBO
everything we needed and would definitely
recommend it to anyone traveling to this area.
Would stay there again if we head that way.

Stayed: May 2015 Submitted: June 10, 2015


source: VRBO

Recommended for: Pet owners, Sightseeing, Tourists


without a car, Age 55+

Was this review helpful? o Yes 0 No

Clean, cozy & spacious


~
Rebekah R.We had such a fantastic time at the Dutch casetta!
We've stayed at several places in town which have
been ok, but small, noisy, expensive & dated. This
house is so spacious, comfy, and fully equipped.
Super convenient walk to downtown. You don't
have to deal with annoying parking because it's not ... -----------------------------
------------<>n the tourist-streets;-

I can't wait to book again with some friends or


family for next year.

I highly recommend this home.

Stayed: May 2015 Submitted: May 27, 2015


Source: VRBO

Recommended for: Families with young children, Pet


owners, Sightseeing, Families with teenagers

Was this review helpful? 0 Yes 0 No

Show More Reviews

Rates Currency Conversion


... --~---~ - .............. - --- . - -
Rental basis: Per property : Rental rates quoted ~ ; USD

Oates
' Nightly
1
Weekend Night Weekly Monthly * Event
41412016 Dream Vaoalion in Y<lJf Own Uttle Dutch Cesetle. VRBO
REGULAR
Jan 2 Jan
2, 2017 $325 $2,200 $7,000
3 night min
stay

My
Standard
Rate $7,000
30 night
min stay

*Approximate Monthly rates, actual rate will depend on the days of the month you stay

Additional Information about rental rates

Fees:
Cleaning Fee .$150
Pet Fee $50
Taxes. Not included

.. - - - - - .. --------- ----. - --------- .


Notes:
A one time deaning fee of$150.00 is required for each rental peliod.

Please call for rate,s

Owner's cancellation policy:


100% refund if canceled at least 30 days before arrtval date.

Don't forget your vacation protection! Get protected .now


Addl ng our Vacation Protection services can make sure your
getaway goes smoothly, no matter what. We offer Cancellation
Protection, Carefree Rental Guarantee, and Damage Protection so
you can truly relax.

Protect your payments In case


you need to cancel.

Travel with peace of mind.

Ensure you're prepared in


case of accidental damage.
41412016 Dream Vatalion in '\tlur Own UIUe Dutch Casstts- VRBO

Calendar Last updated: 04/04/2016

!Arrival joeparture Previous Next


Check availability

April2016
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4/4/201ff Dream lfacatioo In 'JOOr Own Utile Dutch Caset!a- VRBO

July 2016

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23 Available ....,, Unavailable : 22 Today " 23 Selected dates

1'V1A
' 41412016 Dream 1/acaUon In Y<U Own UIUe Dutch Casella- VRBO
.

Location

Owner info
Year Purchased: 1988

Contact us

Speaks: English

1411R
' 41412016 Dream Vacation in Your Own UHie Dutch Ceselta- VRBO

.Photos

VRBO #273380

This listing was first published here in 2009.

Date last modified- Monday, April 04, 2016

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City of CQrmef...by. .fthe . .sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POSTOFFICfDRAIIIIBG
GARMEI-BY-TH&SEA, CA 93921
(831)62~010 OFFICii

April 30, 2016

Josef Wagefaar
567 Touriga Ct.
Pleasanton, CA 94566

Re: Code Compliance Case; COC 15-406 (Wagefaar)


Transient Lodging Uses at Single-Family Residence
Guadalupe 2 Nf of 4"'
Block: 41, Lot: 16; APN: 01D-023-Q18

Dear Mr. Wagelaar:


.... -----~-----------
--- ........-lt.has-been noted-by the City ofCarmel"by-tfie-Sea fhafyou ciiitlie owner of the above stated property
and that you are continuing to rent a residential unit on the property In violation of the City's 30-day
minimum requirement for non-transient rentals. On March 31, 2016 the residence located at Guadalupe
2 NE of 4111 was observed on the "Vacation Rentals by Owners," www.vrb9.cqm website as listing
#273380. This Is the second violation at this property, with a previous notification being sent to you
December 29, 2015.

The City's Municipal Code, In Section 17.08.060 (Ordinance 89-17), states that "transient lodging uses
for remuneration are prohibited In the residential districts ..." A copy of that section of the Municipal
Code Is attached for your reference. The definition of "transient" Is set forth In Municipal Code Section
17.70.020 as "a period of time less than 30 consecutive days."

On May 18, 1992, the United States Suprem!! Court let stand the decision of the California State Appeals
Court upholding the validity of carmel-by-the-Sea's City Ordinance 89-17 which prohibits the rental of
single-family residences for periods of less than thirty calendar days in the (R-1) residential district. A
copy of the ordinance Is enclosed for your reference.

The City realizes that you may not have had prior knowledge of this prohibition; however we are
bringing this to your attention and the City also ~quires that you cancel any active or pending rental
contracts that are not in compliance with these regulations and return any deposits you may have
receiVed.

COC 15-406 (Wagelaar) <. -

EXHIBIT C
.. '

Please sign the endosed copy of this fetter acknowledging that you are now aware of Ordinance 89-17.
The statement also confirms that you will cancel rental contracts, If any, and return deposits you have
received, if any, which are prohibited by this ordinance. Please return the executed copy of this letter in
the envelope provided no later than May 13, 2016.

Please also understand that this letter serves as a formal notice to you that any violations of Ordinance
8917 by you or your rental agent acting on your behalf will result in the City taking immediate legal
action.

Your cooperation is greatly appreciated. If you have any questions or comment about this matter please
contact me.

Contract Code Compliance Officer


cc: Donald Freeman, City Attorney

---------------------
- ---- ------

COC 15-406 (Wagelaar)


.
..

City of CDrmel..foy-the-Sea
COMMI.INITY PLANNING AND BUilDING DEPARTMENT
PO.ITOI'JIICE DRAW!ItG
CARMEt-8YTH.SEA. CA 93921
(8JI)620-2010 OFFICE

To: AI Fasulo

City of Carmel, Code Compliance Officer


P.O. Drawer G
Carmel-by-the-Sea, CA 93921

I hereby acknowledge that 1/we have received a copy of Carmel-by-the-Sea Municipal Code Section
17.08.060 (Ordinance 89-17) prohibiting rental of single-family residences in the (Rl) District for
periods of less than thirty consecutive calendar days. I also acknowledge that I have cancelled any rental
agreements, returned any deposits that may have been received in reference to short-term or transient
rentals specifically regarding, but not limited to, the residence located at Guadalupe between 3"' and 41h _________
and that I wftl modify all internet lfstlng{s) to reflect no less than thirty-day rentafan!IOi:li: 41, I.Ot: 16;
-- -- -- ----Al'N:olb.:oi3:018_____ -- -
Print Name: ______________________

Print Name: ______________

Signature:-----------------
Signature: _ _ _ _ _ _ _ _ _ _ _ __

Date:----------

Contact telephone number: __________________

Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ __

Email address: _ _ _ _ _ _...:__ _ _ _ _ _ _ _ __

COC 15406 (Wagelaar)


...

Property Information
tls ~SlWth\lf
Parcel
Number 010023018000
Parcel GUADALUPE ST
Address Create Pennlts
Parcel City CARMEL (Building Permit..:;M~a;;.;.nage;;;;._ment_-.!
. -=. - -~..:::::..-.;!
Building Permits Pre-2015 I
ParcetcA
State
Encroachment Permit Management
Parcel Zip
. [tiiannrnQ M8il898ment } _
Des~~~ MAP OF CARMEL CITY LOT 16 BLK 41 [~annif!g Pe~ Pre-2015 !
Subdivision
; lotALL LOT 16
Bklc*.041S16 Create Cues
Zonlng!R1 .. j
-Code --,
Compliance 1
Latitude- -- .... -
Code Compftance Pre-2015
Longitude

Owner Information --~----~~----


. ------ ... ----

_____ .. OwnerNameWAGEI.AAR JOSEF S TR


Address 567 TOURIGA CT
City_PLEASANTON
SfateCA
Zlp_94566
Phone
EmaH
Property Notes
Date Property Note
Property Restrictions
Date Restriction Type Restriction Note
Permits for Property (Building Permits Pre-2015)

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Carmel By the Sea, Central Coast, California

! Arrival
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< Browse properties Home USA California central Coast


Cai1Jlel By the Sea VRBO Ustl ng # 273380

Dream Vacation in Your-Own Little


-------

Dutch Casetta
------~-.

Avg. Nightly $314

IArrival

,IDeparture

'"t. 1 adult
Minimum stay 3-30 nights

r- Book It ~=:J :
Detailed Price

Pay with confidence

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1/18
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C][TI' OF CARMEL-BY-TJ8IE-SEA
C]['fY COTUNCKL
OlllD][NANCJE NO. 89~17
-
AMENDING AND RESTATING ORDINANCE 88-24 RELATING TO TRANSmNT
COMMBRICAL USB OF Rl!SIDENTIALPROPERTY IN THE R-1 DISTRICTS.

THB CfiY COUNCIL OF THB CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS


FOLLOWS:

Seetion 1. .FlJWING8 AND PURPQSES.


A. The purpose of the R-1 Oistrict is to provide an appropriately zoned land area within the
City for permanent single-family residential us~ and slnictures 111!4JQ !l!lbance.and-------------
- _llli!MainJhe.residential chanieter of the City. - -- ----
----------- -- - .

B. The use of single-family residential property for bed and breakfast, hostel, hotel, inn,
lodging, resort, or other transient lodging p11rp08es is found to be a commercial use and is
thus inconsistent with theplil'posei; and objectives of the R-1 District.

C. Commercial use of single-family residential property for such putpOses create


unmitigatable; adverse :impacts on SlltTOunding residential uses in.cludill8, but not limited
to, increased levels of commercial and residential vehicle trllffic, parldng de.tnand, light
and glare , and noise de!rimental to suaounding residential uses and the general welfare
of the City. Silcll COllin!ercial use may increase d~d for public services, including, but
not limited to, police, fire, and medical emergency services, and neighborhood watch
programs.

D. Prohibiting such oommercial use of single-family residentiBI property in the R-1 District,
and restricting such uses to sites authorized or pennitted by the Carmel Municipal Code
is necessary to maintain the integrity of the R-1 District.

E. This ordinsnce implements 1988 Revised General Plan Objective 01-12 which provides:
"Intensify enforcement of zoning oodes to maintain the residential character of the city."
.. . .

F. This Ordinance implements 1988 Revised General Plan Policy P1-37 which provides:
"Review and develop measure to restrict commercial short term rental of single family
residences in the R1 district."

G. This Ordinance implements 1988 .Revised General Plan Policy P3-l2 which provides:
"Pre~rve existil!g permanent housing and maintain the vital residential character of
Cannel-by-the-Sea. Prohibit c:xpansion of visitor oriented commercial uses such liS
transient rentals."

H. This Ordinance implements 1988 Revised General Plan Policy P3-18 which provides:
"Encourage the conversion of commercial transient housing to housing for permanent
residents."

L Government Code S!.lion 65860 provides: "Zoning ordinances shall be consistent with
the General Plan."

J. In relation to the size ofthe R I District, the City provides sufficient accommodations for
transi!lDt visitors in the commereially zoned districts where approximately 950 transient
units exist.
~- -. ------------
K. After considerstion of alternative means of achieving the objectives and intent of this
On:linance, it is determined that no effective means of achieving the objectives herein
enumerated exists except by enactment of this Ordinance.

Sec:tion.Z. AMENDMENT A@ RETATEMENT OF SECfiON 17.04.710 OF THE


CABMEL MUNICIPAL CODE.
Section 17.04.710 of the Cannel Municipal Code is amended and restated in its entirety to read
as tbllows:

"Transient" means a period of time less than thirty (30) consecutive days.

Seetion 3. APDING SECTION 17.04,055 TO TilE CARMEJ MIOOgPAL CODE.

Section 17.04.055 of the Carmel Municipal Code is added to read as follows:


"Remuneration" means compensation, money, rent, or other bargained for
consideration given in return for occupancy, possession or use of real
property.
. .

Sedion4. AMENDMENT AND RESTATMENT OF SECI'ION 17.0B.tl20 OF m


CABMEI. MUNJCIP# CODE.
Section 17.08.020 of the Municipal Code is amended and restated in its entirely to read as
follows:

Section 17.08.020 IRANSIENT COMM!ijRCIAL USE OF RESIDENTIAL fROPERTY


FOR REMUNERA,TION IS PROR!BITED.
A. PJJRPOSE.

The purpose of this Section is to:

I. Preserve and enhauce the character of the R-I District

2. Promote the public health, safety and general welfare of the City.

3. Expressly prollibit Transient Commercial Use of Residential Property fur


Remuneration, whiCh uses are inharmonious with and injurious to the preservatiOn of
the residential charactel: and environment of the City.

___ __ 4. @pl~mt provisions of the General Plan, and advance the ptirposesliilif oli)eciives--
of Title 17 of the Cannel Municipal Code.

B. DEFINITIONS.

1. EXcept as otherwise defined or \Wlere the context otherwise indicates, the following
defined words shall have the following nteaning:

a. "Person" means an individual, a group of individuals, or an association, finn,


pattnership, COlpOl'ation or other entity, public or private.

b. "Remuneration" means compensation, money, rent, or other bargained fur


Consideration given in ret11rn for occupancy, possession or use of real
property.

c. "Residential Property" means any single-family dwelling unit or structaue


located on one or more contiguous lots ofrecOrd in the R-1 District.

d. "Transient" means a period of time less than thirty (30) cooseeutive calendar
days.
.. ..

e. ''Transient" Commercial Use of Residential Property" means the commercial


use, by any person. of Residential Property for bed and breakfast, hostel,
hotel, inn, lodging, motel, resort or other transient lodging uses where the tenn
of occupancy, possession or tenancy of the property by the person entitled to
such occupancy, possession or tenancy is for less than thirty (30) coi!Seculive
calendar days.

2. The definition herein includes the singular and plural meanings of each defined word.

C. TRANSmNT COMMERfCAL USE OF RESIDENTIAL PROPERTY FOR


REMPNEiiATION IS fROHIBITED.
Transient Conunerclal Use Residential Property for Remuru:ration is prohibited in the R-I
District, except as otberwise expressly petmitted by this Code.

D. LIABLITX AND ENFORCEMENT.

I. Any Person acting as an agent, ~ estate broker, real estste sales agent, property
manager, reservation service or otherwise who arranges or negotiates for the use of
Residential Property in violation of the provisions of this--.Section
- - ''
is_8!1iJ_cy ofJn___ ..
--------
.. infraction fu~each day in which such Residential Property is used, or allowed to be
used, in violation ofthis Section.

2. Any Person who uses, or allowed tbe use of, Residential Property in violation of the
provisions of this Section is guilty of an infraction fur esch day in which such
Residential Property is used, or allowed to be used, in violation of this Section.

Section 5. AMENDMENT AND RESTATEMENT OF SECIION 17.24050 au OF DIE


MlJNIWAL CODE.
Section 17.24.050 (D) of the Carmel Municipal Code is amended and restated in its entirety to
read as follows:
Use of single-family residential property in the R-l District fur commercial use,
including, but not limited to, Transient conunercial use for bed and breakfast,
hostel , hotel, inn, lodging, motel, resort, and other 'D:ansient lodging uses for
Remuneration, ls Unlawful except as otherwise provided fur hi this Code.
...

Seetion 6. LIABLITY AND .ENFQRCIMENT.


A. Any person violating or failing to comply with any of the requimnents of this Ordinance
shall be guilty of an in:fraGtion as set furth in Chapter 17.52 of the Cannel Municipal
Code.

B. The City Attomey may seek legal, injunctive, or other equitable relief to enforce this
Section.

C. The mnedies and penalties provided in this Section are cumulative and not exclusive.

Seetion 7. SEWRAJ!LILIT.
A. If any provision of this Ordinance or the application thereof of to any person or
circumstance is held invalid, the l'liillaindet of the Ordinance, including the application of
such pl!rt ofprovision to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of this Ordinance are
severable.

B. The City Council hereby declares that is .would have passed each -seotion,-subsectton;- - --
--- --subdiVision, -P~~ph, sentence, clause or phrase be held unconstitutional, invalid or
unenforceable.

Seetion 8. EFfECTIVE DATE.


This Ordinance shall become effective thirty (30) days after its final passage and adoption.
PASSED AND ADOPTiiD by the City Council of Carrnel-by-tbeSea this 2nd day of May 1989,
by the following roll call vote:

- -n.--
&WB:

....,.l
~ ~' J'!ar:cber-1 1&1olC111 JfflJ.ee:, lltdg'ht, D's-ace

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City of Carmel-by-the-Sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POST OfFICI DRAWIRG
CARMEWVTHE41iA. C\ !PJ!nl
CIIJI) 62NOIO OI'FIG
(BJI) 62Nin~ IWI.

17.08.000 Prohibited Use.


Uses such as lranslent bed end breakfast, hostel, hotel, Inn, lodging, motel, hotel, resort and olher lranslanl
lodging uses for remuneration, are prohibited In the residential dllllrlcts. except as olhelwlse pennltted by this
code.

A Liability and Enforcement. Any person acting as agent real estate broker, real estate sales agent, property
rnaneger, rese111allon service or othwlse who arranges or negoflalas for the use of rasidantlal properly In
vlolaUon of the provisions of lhls sacflon Is guilty or an Infraction for each day in which such mldential property
Is used, or allowed to be used, In violation of lhls section.
- - --------------- -----~-- ---~

-- --s:Jnfiilctions: AiiYi>eniOnwhoiiries, or allows lhe use of, residential property in vlolallon of the pro1rislons of
lhls secllon Is guilty of an lnflacUon for esch day In which auch rasldenDal property Is used, or allowed lobe
used, in violation oflhls section. (Ord.2004-02 1, 2004: Old. 2004-01 1, 2004).
Citty of CarmeJ...by,.tthe-Sea
COMMUNITY PLANNING AND BUILDING DEPARTMENT
POST OffiCE DRAWER G
CARMEL-BYTHUEA, CA 93921
(831)620.2010 OFFICE

To: AI Fasulo

City of Carmel, Code Compliance Officer


P.O. Drawer G
Carmel-by-the-Sea, CA 93921

I hereby acknowledge that 1/we have received a copy of Carmel-by-the-Sea Municipal Code Section
17.08.060 {Ordinance 89-17) prohibiting rental of single-family residences in the {Rl) District for
periods of less than thirty consecutive calendar days. I also acknowledge that I have cancelled any rental
agreements, returned any deposits that may have been received in reference to short-term or transient
rentals specifically regarding, but not limited to, the residence located at Guadalupe between 3'd and 4...
an~ _th~tJ.I.Villm()dify ~11 il'!te_rnet listlng{s) to reflect no less than thirty-day rental at Block:-41; lot~16;------ -- -
APN: 010-023-018

Signature:

Signature: _ _ _ _ _ _ _ _ _ _ __

Date: 5" -Cj-fh

Contact telephone number:

Email addess:

COC 15-406 {Wagelaar) EXHIBIT D


Dream Vscalion In Your Own 1Jt11e Ou!ch Cas etta VRao
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< Browse properties Home ~ ~r~


. Northeast Carm~l, Car,;,elb;the-sea, CA, u~ng #273380 [ -----~
-------

Dream Vacation in Your Own Little


.D.utch .Cas etta --~ --------------. _________ .. ______ .

,-
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Avg. Nightly $325


.,
.::; Enter dates to see

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accurate pricing
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Departure

(!) Booking confirmation


within 24 hours
Get an Instant Quote

Pay with confidence

C_l . .........J...r___ t __L_ EXHIBIT E


-J .
hl!po;//Www.vrbo.com/273380 'f/1A
ll(i6q016 : Dream 1/acation in Yow Own UlUe Dutch Casella VRBO
With Confidence . payment with customer Protect your payments in case
Guarantee protection when service available you need to cancel.
checking out on 24/7
Travel with peace of mind.
our website
Ensure you're prepared in

Read more about our Book with Confidence case of accidental damage.

Guarantee
Get it' : ,
; Feedback . .,
L .. ... ,, ~-,_ --~--- ._.,._!

Property Type
House

Accommodation Type
Vacation Rental

Meals
Guests Provide
Their Own Meals

Suitability l
Children Welcome Non Smoking Only Pets Considered

.. -~--- -- --~-~-- .. ..... --- -- ....... ___ --

Bedrooms: 2 Bedrooms, Sleeps 4, Beds for 4


Bedroom 1
Bedroom 2
Convertible bed(s)
Queen size Beds (2)

- ---- --- ----- -------- -------------


Bathrooms: 2 Bathrooms
Bathroom 1
Bathroom 2 advertisement

Entertainment
DVD Player Satellite I Cable Stereo

".:/Jwww.vrbo.com/273380
Dream llacationinYour OWnUIIleDutchC..etta VRBO

'****ff
I,

27 traveler from
5
reviews Write a review

Great location, well kept and great space

Anonymous *****
The location worked perfect for a nice walk to town
or the beach during the day. Carmel has some
'feedback;

spectacular restaurants and shops to explore.

Stayed: May 2016 Submitted: May 13, 2016


Source:VRBO

Was this review helpful? 0 Yes 0 No

6th Thanksgiving in a row in the Dutch


Casetta!!
-~
Bplee
san
Francisco We have greatly enjoyed our numerous stays at this
cottage. We love the cozy feel and comfort of the
new beds. The sky lights add a lot of brightness and
warmth to the home. We love hanging out in e
spacious living room while watching TV or playing
games with the kids. And having a pullout bed in
the living room Is very convenient.

Just a couple things could stand Improvement:

Supplies could be better stocked (e.g., trash bags,


cleaning supplies}
Bathroom could use some updating {e.g., bath tub
spout not long enough)
Also, having a couple humidifiers would be nice
since the place gets very dry when the heat Is on.

Otherwise, the. hOme is our home away from home


for Thanksgiving every year!

Stayed: November 2015


Submitted: November 29, 2015 So11rce: VRBO

I!DS://www.vrbo.coml273380
Dream Vacatico In '!l>ur 0Nn Utile Duich Casella- VRBO
Recommended for: Pet owners, Sightseeing, Girls getaway,
Age 55+, Romantic getaway

Was this review helpful?. 0 Yes 0 No

Comfy and cozy


~ ; Feedback!
'.
PHL We 5 gals enjoyed this home so much! Roomy, very
San comfy beds (the 5th person slept on the sofa).
Frandsco
Bay Area, CA Loved eating breakfast in the nook with the french
doors open to the patio. Large screen TV and comfy
seating perfect for a gals movie night. Would stay
again! Thanks Joe!

Stayed: September 2015


Submitted: October 4, 2015 Source: VRBO

Was this review helpful? o Yes 0 No

A Short Stay in a Lovely Cottage with


Friends
Renee B. ~
We were surprised to have met the owner, Joe when
we arrived. What a nice gentleman. He was
installing the flat screen TV that Marci mentioned in
her review! We toured the home and chatted about
the area. It was great! The home is lovely,
comfortable and walking distance to the town of
Carmel by the Sea. Very Convenient to the highway
for a drive to Big Sur, Wine Country, Aquarium in
Monterey and of course the 17 mile drive and dinner
at Pebble Beach. Some minor updates could be
made, but with that being said we enjoyed the
cottage immensely, especially the patio for our
morning coffee and evening snacks, wine and music.
We had a wonderful stay and if given the chance to
come back to this area, we will definitely book this
house again! The time flew by and vacation was too
short. Thank you for sharing your lovely Dutch
Casetta with us!

Stayed: August 2015 Submitted: August 27, 2015


Dream \lacaUon in Your Own 1Jl11e Dutch Casella- VRBO
Gorgeous, clean, and relaxing
~
This is the greatest place ever! Brought my 2
Glenna R. daughters and 2 grandchildren and we all loved it.
Clovis, Ca
Even the neighbors were friendly and helpful!!! It
was VERY clean and well-maintained. It's such a
beautiful & homey place and I plan to come again,
bringing along my girlfriends next time. Joe was l' Feedback .l . .
also very helpful with any questions I had. I would
HIGHLY recommend this beautiful home to anyone.
You won't regret it. :)

Stayed: July 2015 Submitted: August 7, 2015


Sourc:e: HomeAway Family

Was this review helpful? 0 Yes 0 No

Getaway with Friends


~
--Marcie we really liked the property.
Very Comfortable. lots
SF, Cal of windows/light. About .7 mile to town.
Since we hike most of the day and eat in at night,
we usually watch movies. Would be nice to have an
updated flat-screen TV in Living Room.

Stayed: June 2015' Submitted: June 11, 2015


Sourc:e: VRBO .

Recommended for: Sightseeing, Girls getaway, Tourists


without a car, Age 55+, Romantic getaway

owner response:
Next time you come I make sure you have a
flat screen Tv
Thank you for you for your comments and
review

Joe & Anna Wagelaar

Was this review helpful?, 0 Yes 0 No

httos:/lwww.vrbo.com/273380
..
01'10/;tUlf:j
. . Dream \!lcatlon fn 'lhur OWn Ultle DU!ch Casella- VRBO

Cleaning Fee . . $150


Taxes:. Not Included

Notes:
A one time deaning fee of $150.00 Is required for each rental period.

Please call for rate,s


; .
1~eedback,

Owner's cancellation policy:


100% refund if canceled at least 30 days before arrival date.

Don't forget your vacation protection! Get protected now


Adding our Vacation Protection services can make sure your
getaway goes smoothly, no matter what. We offer cancellation
Protection and Damage Protection so you can truly relax.

Protect your payments in case


you need to cancel.

Travel with peace of mind.

Ensure you're prepared in


case of accidental damage.

Calendar Last updated: 07/30/2016

!Arrival I Departure Previous Next


Check availability

August2016

httos:/Awlw.vrbo.com/273380 1111A
"!" '

January 2017
SU MO TU WE TH FR SA

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I 15 ' 16 .' 17
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Today ;.23 Selected dates
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Location - . -- ------ ------ --- - ..... --- ------- -


ll>
L Compose +. <lfo. -+ II A<c~ive b Move v

Add Gmail Outlook, AOL Dutch Casetta (15)


and more

lnbox Joe Wageltar Hello Rayne Thank you for the i Mar 14 at 12:46 PM -td
Drafts
I
Sent
r.,..,.,..,.hoo.com Good morning Joe, Mar 16 at 5:36 AM
*
Archive V 110\D \0. <I \E\\. YOHI\
Spam
Joe Wagel11r Yes you nn pay with PAY PALt Mar 16 at 11:05 AM
* /'t'ltlfll'ltl~ 1/w /Jt~ltui ( '111/,,Jhm
Trash V I'IYIItfalr&OO)'Ihoo.com Hello Joe, That milk Mar 17 at 8:15-AM 1< SHOPNOWt

,. smart Views
V
> Foldets
Jn Wlgtllar You go to google wallet and th Mar 17 at 10:03 AM
* ll>

> Recf!lnt ,./' rA)IIefatrtoOyahoo.com Perfect! One more 1 Mar 17 at 10:46 AM


*
y' Joe Wlaar Don't Worry if by any reason y( Mar 11 at 11:33 AM
*
v' byhe Flfrsom Good morning again Mr. Wag Mar 24 at 7:42AM
*
t/ Jot W.ge..ar flello Rayne, Ves everything is c Mar.24 at 8:05AM
* CIJLOI~
Rayne falrlom Ok, sounds perfect Mr. Wagel; Mar 24 at 8:14 AM
* SHOP NOW t

o/ Rlyne Fahlom Hello again Mr. Wagelaar, Out Mar 2S at 4:17 PM -A

.1M Wagelaar Hi Rayne,. Thank you for makin


-/ Mar 25 at 6:28 PM
*
V Rayne Fldrsom Thank you and will do. Can yo Mar 25 at 6:46 PM
*>
V Joe WaJiellar Raymundo checking in on June Mar 26 at 6."'03 PM
*
Rayne Feii'IOIII < ib"oyahoo.com>
To Joe Wagelaar
Mar 26 at 6:50 PM
*
Yes RIs, lhank you again Mr. Wagelaor.
-Rayne

> Show original message

Reply '*' Reply to All + Forward More

Click to ! .. i :or-.

,g - %

EXHIBIT F
l' On Flfday, Marcb 17, 2017 3:18AM, R @yahoo.cam < @@Jyahoo.com> wrote:

Hello Joe,

That makes It easier, thank you. What website do I go to pay with PayPal? Or Google?

Thanks,

R.

V/ On Thursday, March 16, 201711:05 AM, Joe Wagelaar <joawagelaar@yahoo.com> wrvte:

Yes you can pay with PAY PAL there Is a 3% tee


You also can pay wllh google there is no fee

on Pay Pal us -@yahoo.com


Dutch Casette

thank you

Joe

V On Thumday, March 16, 2017 5>40 AM,

Good morning Joe,

Thank you, I was finally able to make contact with the group. Did you say I can pay with Paypal? This would be much easier for all of us.

Rayne

/ onfoilsdai)i8idil4,201i'-12:46PM,-. . . . .DYahoo.com> wrote:

Hollo Rayne
Thank you for the Inquire,

The house Js available from June 3 until June 12 that Is for 9 nights
Thoto1al cost wiD be $3,075.00
II you like to make a reservation 1need a $300.00 deposK to hold the reservation
tho balance is due 15 day"s bafore chock In

Carmel only allow me one reservation per month, so you will have to go to me directly

YoLJ can send a check to

you also con pay with PAPAL but thoro is a 3% foe


Thank you
Please let me know
Joe Wogelsar
We-t:e reacty for what is nexl. Let me know and If you can send me the infonnation or contract for the other days that Greg Griffllh paid please, he wilt sign the contract, Ml
me though, but I Will get it to him. If you just wJsh lo do this vfa e-mail, th~t is okay with us as wen. They have asked It I could" take care of It since I'm In close eontact with
th8m due to their busier than me, woric schedule.

So these are the days each group has, we Mt not renting together, as I mentioned this Is due to our group being bigger than expected:

fst eroup: Ray Dlazleol Soluroay night fl/3117 through Wedliesday night fl/7117. 5 ntghto,
2nd group: Gregoty Griffith Thursday night 618117 through Tuesday morning 6/12/17, four nights.

My previous e-mail was slightly incorrect in lhe dates. Pleue give me a re-cap on the days for each and If we missed a day or two please lei me know as soon as possible
so we can adjust OUI" scfledure.
Thank you.

-Rayne

v' On Friday, March 24, 2017 8:05AM. Jo& Wagelaar . . . . .@yahoo.com> YII'Oie:
hetlo Rayne,
Yes evetythlng Is ok, as soon Jhave the deposit I Will send you the dlrettion to the house and how to gel in

Joe

,/ On Friday, Maroh 24, 2017 7:45AM, Rayne Falrsom . . . .l@yahoo.com> Yt'rote:

Good morning again Mr. Wagelaar,

So I just need to make sure we both have the dates correct and would we pay $150 each or how much each?:

We will be there on Saturday June 3rd through Wednesday June 7th, 2017. Raymundo Oiazleal will be paying through Paypal to Include the
addHional3%.

My friends will be there on Thursday June 6th through Monday June 12th, 2017. Gregory Griffith will be paying for those days.

I would like to confirm this is okay with you.

Also what is the address of the property, I never asked.

Thank you and I apologize for calling you so early In the morning, but I have time usually on Fridays.

Rayne;)

v On Frtday, March 17, 201711:33 AM, Joe WagoiBBr . . . .ll!iyahoo.com> wrote:

Don~ Worry If by any reason you have to cancel I wiD refund your deposit
Thank you

Joe

V On Friday, Merch 17, 201710:48 AM, bl'Bhoo.com . . . .byahoo.com> -.:

Perfect! One more question and I think you've already told me by phone, but I forgot. If by some reason (due to work obligations) we need to
cancel, what Is your policy? And how In advance can we do this?.

Thank you,

Rayne

, / On Friday, March 17, 2017 10:03 AM, Joe Wageroar ~ahoo.com> - . :

You go to google waUet and then you sign In It Js easy

or pay with Pay Pal, @yahoo.com Dutch Casetta


you can pay the fee online or you ad 3% to the rent
let me know what works best

Joe Wagelaar
SLibJect: Re.: Dutch CaseHa
FrOm: RaYne Falrsom @:yahoo.com)
To: iYahoo.oom:
Date: Fri~ay, M- 24, 2017 8:14AM

Ok, sounds perfect Mr. Wagelaar. I am going to pay our $150. first. Then our friends will do the same, all today. If I have questions I will call
you.

Thank you,

-Rayne

On Frtde.y, Maret! .'24, 2017 8:05AM, Joe Wageleer . . . . .Jyahoo.com> wrote:

hello Rayne,
Yes everything Is ok, as $OM I have the deposit I YAU send yoU the dlrectJon to the house and how to get In

Joe

On Friday, Men:h 24, 2017 7:45AM, Rayne Fair&om . . . . .


- yahoo.com> wrote:

Good morning again Mr. Wagelaar,

So I just need to make sura we both have the dates correct and would we pay$150 each or how much eac

We will be there on Saturday June 3rd through Wednesday Juna 7th, 2017. Raymundo Di821eal will be p ng through Paypal to Include the
addlllonat3%.

My friends will be there on Thursday June 6th through Monday June 12th, 2017. Gregory Griffith will be

I would like to confirm this Is okey with you.

Also what is the addreas oflhe property, I never asked.

Thank you and I apologize for calling you so earty In the morning, bull have time usually on Fridays.

-Rayne;)

On Friday, March 17, 2017 11:33 AM, Joe Wagelaar l)'ahoo.com> wrote:

Don't Worry if by any reason you have to cancel f JNt" refund your deposit

Thankycu
Joe

On Friday, M""" 17, 201710:48AM, ~.com' ~l)'ahoo.corn> wrote:

Perfect! One more question and I think you've already told me by phone, but I forgot. If by some reason (due tow obligations) we nead to
cancel, what is your policy? And how In advance can we do this?.

Thank you,

Rayne

/
On Friday, Ms~h 17, 2017 10:03 AM, Joe wagelear yahoo.com> wrote:

You go to google waflet and then you sign In It Is easy


/
or pay with Pay Pat, IJ18hoo.oom Dutch CassHa /
you c:an pay the fee onUne or you ad 3% to the rent
let me know what works best
.-.~---- :,-.;.--:
~ ' C (l)'n::p;;;mp.maiLyahoo.tom. ~-I?:.O/I~~;ro:il'ri".tl~;l':;-lts.!'q,i'J~"'-"<iM6Jiii~~
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Tr.uh

helloRayn..
V~ts e\'el)'lhing Is. ck 111 soon I tta.ve the dfposit I t-ill nnd y~ the dft:lion to Ute hous-e anti how 10 get in
Rt.~:l!l11 i.
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t
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+- ~plJ -. lltpl) to All ~ ~rward Moe

f-~-----------------------------------------~
>t
Gregory Griffith: Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Thursday night 6/8/17 through
Tuesday morning 6/12/17, four nights

era~ x.

f- c PayPal Inc. [USJ I https://www.paypal.com/myaccount/transter/send/success


L..

D IUJIPM '"' IIIIJBI6IIIfl!!llll ~ ~ ( lll!i3l!t1BJ

0
You'\<e sent $150.00 to joewagelaat@yalloo.<:om "'
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New! PayPai.Me. tne link to getting paid


Want to get pald fast as well? Share
yoor PayPai.Me link with anyone so
they can send mcney to your PayPal
acmunt in seconds.

Crab Your Link

.

.. Fb mII!ID (I
~: Y~u sent a payment
From: "Greg Griffith" ~ge~gr.oom> 03/24/17 02:07 PM
To: ''Irma S. Gowin"

PayPal transaction

From: service@paypal.oom [mallto:service@paypal.com]


Sent: Friday, March 24, 201711:18AM
To: Gregory Griffith
Subject: You sent a payment

Hello, Gregory Griffith

You sent $150.00 USD to Dutch Casetta

YOUR NOTE TO Dutch Casetta

' ' Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe ' '
Wagelaar: For short term rental stay on Thursday
night 6/8/17 through Tues morning 6/12/2017.
Thank you.

Transaction Details

Transaction 10: SUH78912439216621 March 24, 2017

Money sent $150.00 USD


ff vour Instructions as to when the mortey shall be forwarded or transmitted are not complied wlth
and the money has not yet been forwarded or transmitted, you have a right to a reftmd of your
money. If you want a refund, 'fOFJ must mall or del111er your written request to PayPal,lnc. at P.O. Box
45950, Omaha, NE 681450950.

If you do not receive your refund, you may be entitled to your money back plus a penalty of up to
$1000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

PayPal, Inc., 2211 N. ~irst St., San Jose, CA 95131.

PayPalls. committed to preventing fraudul~nt emalls. Emails from PayPal will always contain your
full name. Learn toldentitvnhishlng.

Please do not reply to thfs email. To get in touch with us, dick Hem & Cony ct.

Copyright @19992017 PayPal. All rights reserved.

PayPal PPC000956:d9548d751dd39
FW: Dutch Casetta
From: "Greg Griffith" ~csgengr.com> 03/24/17 02:06 PM
To: "Irma S. Gowin" ._,csgengr.com>

Here's the conformation for a transaction .... Greg

From: Joe Wagelaar [mailto:~yahoo.com]


sent: Friday, March 24, 2011 12:35 PM
To: -csgengr.com
subject: Dutch casetta

HeRo Gregory,

I did receive ~ur 150.00 deposft for June 8 untlllhe 12111 Tank~

Joe Wagelaar
FW: Dutch Casetta
From: "Greg Griffith" 03/29/17 08:48AM
To: "Irma S. Gowin"

Here's another one for you

From: Joe Wagelaar [mailto:~ahoo.com]


Sent: saturday, March 25, 2017 6:38 PM
To: U.:sgengr.com
SUbject: Re: Dutdl casetbl

HI Gregory,,
Thank ,ou lor making a deposit by Pay Pal
The balance Ia due 15 Day,s before meek In

Hare Is the addresa.The address Is Guadalupe 2nd n/e off fourth ave Carmel by the see
there are no houae #In Carmel
Hare are the dlredion,
If you c:ome from Monterey on hwy 1 you make a right on Carpenter you stay left then ,ou make a right on Fourth ave
the next right Is Guadalupe K Is the 2nd house on the right
!hare Is alockbox by the door the combination Is 1027
dledkln tme Is 4 PM dleckoul tinols 11 />Jd
Please put the garbage In the small garbage can,
Please put altho bottles paper plsatlo "'"' In the reC)'t:le bin
don' put garbage in the~ bin THANK YOU
Please turn off all lights. and tum down the heater pleaea
To tum on the Heater plsaaa turn both lavors to the rlaht
Wyou uee the bafbeque plsaee tum off tho Gos otherwise Hleaks gas
Thonk,ou
Anny quastlon Emai or cal me any limo

..
Pleaee let me know that you got there ok
Thank you
Have a good tme

If you have any question jist emal or caD me


Joe

On Friday, Maroh 24, 2017 12:34 PM, Joe Wagelaar ~>wrote:

Helo Gregory,

I did receive your 150.00 daposK for Juno 8 until !he 12th Tank you

Joe Wagalaar
Transaction History
Mar 18, 20171hrough Mar 25, 2017 /P IP'ayPal
Diazlea~ndo
Email:~gmail.oom

~ Description Slalus CUffency Gross Fee Net

3125/2017 Payment Sent: Dutch CaseHo Completed USD 150.00 -4.65 154.65
i0:2LVV65264/URB14892!)
312512017 Challlod PayPol Completed USD 154.65 0.00 154.65
MasterCord<sup>&#174;</sup>: PayPal
MasletCanl
10: 04P881411P838&54M
........................................................................................................................................................................................................................................
3/24/2017 Chargod PayPal Denied USD 154.65 o.oo 154.65
MaslerCard<sup>&#174;</sup>: PayPal
MasterCanl
10:8S52038&SG108181P
3/2412017 CflaiTlad PayPal Danlod USD 154.65 0.00 154.65
Maet..Card<sup>&fl174;</sup>: PayPal
MasterCan!
ID: 9VA71365305725258
........................................................................................................................................................................................................................................
312412017 Chalved PayPal Daniod USD 154.65 0.00 154.65
MasletCardcsup>&fl174;</sup>: PayPal
MaslerCanl
10: 5U126801E81508425
...................... ~"''"'''""'''"'''""'''""'"'''"''''''''''''''"''"'''""'"'''''"'''"'''''''""''''''"'''''"'"'''"''''''''"""'"'''''''"''"''"''''"""'''''''"''''"'''"''''''"''''''"'"'

PayPal Transaction Mar 18, 2017 through Mar 25, 2017 Page1

EXHIBIT H
PayPal Payment: Dutch Casetta Rental Home, Carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Saturday night 6/3/17 througtt
Wednesday night 6/7/2017, five nights.

~-
'~~~.<~~ _.:...__:_Q~--:.:~-~:..::-\u:u "".:.:~~- :~-.:..~~
----~--------
'": ...~-~~-:.:~~~- "'' ~ . .: :. -~-~-~-~-:../ ...... " ~ta' .i .JJEUIZ.:~::
- - - - - - - - - - - - -..- - - - - - - - - -

<E- C il PayPal. Inc. [US! I https:/;www.paypal.com/myaccounVtransfE>r/send/succE.>ss



IAW!'J+ taiiJII\1

lillm!J1atiiiiiilli a& tiiiDif"MJD"'' ~ 0 (lllii!lllba)

0
YoU've sent $15t\OO to J""'vogelur@Yalloo.com

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New! PayPai.Me. tne link to getting paid


want to get paid fast as well? Shore
your PayP;oi.M<! lin~ with anyone so
they can send money to your PayPal
account In seconds.

Gl'abYoorUnl<

ljllp!'l!!qp o fb mIIIII! (I
Page 3 of3
PayPal Payment: Dutch Casetta Rental Home, carmel, CA, to Mr. Joe Wagelaar: For short term rental stay on Saturday night 6/3/17 through
Wednesday night 6/7/2017, five nights.

9 ra~ X
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. ..:
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$150.00
usov

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~~~lit S/3/11 throufh WMM~IYI'Ioifttt ~m2om, fi.~-,
rJ{Ms:. 7"Artlu

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lillli1llliiili .. P.l] 111111 (I

Page2 of3
From: "Ray 03/31/17 12:46 PM
To: Mom

Thank you,

-Ray

Sent from my iPhone


Begin forwarded message:

From: "servlce@oavoal.com" <serv!ce@oavpal.com>


Date: March 25, 2017 at 3:04:13 PM PDT
To: Raymundo Oiaz!ea!Jr ~>
SUbject: You sent a payment

Hello, Raymundo Oiazleal Jr

You sent $150.00 USD to Dutch


Cas etta
YOUR NOTE TO Dutch Casetta

' ' Dutch Casetta Rental Home, Carmel, CA, ' '
to Mr. Joe Wagelaar: For short term
rental stay on Saturday night 6/3/17
'Fwd:~utch Casetta
From: ~lazleal" ~gmail.com> 03/26/17 04:30 PM
To: -csgengr.com

Thank you,

-Ray

Sent from my iPhone


Begin forwarded message:

Hi Raymundo,.
Thank you for making a deposit by Pay Pal
You are staying 5 nights starting june 3 2017
The balance is due 15 Day,s before check in

Here is the address.The address Is Guadalupe 2nd nle off fourth ave Carmel by the see
there are no house # In Carmel
Here are the direction,
if you come from Monterey on hwy 1 you make a right on Carpenter you stay left then you make a right on
Fourth ave
the next right is Guadalupe It Is the 2nd house on the right
there Is a lockbox by the door the combination Is 1027
check in time Is 4 PM checkout time is 11 AM
Please put the gadlage In the small gartJage can,
Please put all the bottles paper plastic axe. in the recycle bin
don't put garbege In the recycle bin THANK YOU
Please tum off all lights, and tum down the heeler please
To tum on the Heater please tum both levers to the right
If you use the barbeque please tum off the Gas otheJWise It leaks gas
Thank you
Anny question Email or call me any time
Please fat me know that you got there ok

......
Thank you
Have a good time

If you have any question just email or call me


Joe
Help & Contact I Security I Apps

t~~jj
'\.:__ ...

RIGHTTO REFUNO

You, the customer, are entitled to a refund of the money to be transmitted as a result of this
agreement if PayPal, Inc. does not forward the money received from you within 10 days of the date of
its receipt, or does not give Instructions committing an equivalent amount of money to the person
designated by you within 10 days of the date of the receipt of the funds from you unless otherwise
Instructed by you.

If your instructions as to when the money shall be forwarded or transmitted are not complied with
and the money has not yet been forwarded or transmitted, you have a right to a refund of your
money. If you want a refund, you must mall or deliver your written request to PayPal, Inc. at P.O. Box
45950, Omaha, N 68145-0950.

If you do not receive your refund, you may be entitled to your money back plus a penalty of up to
$1000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

PayPal, Inc., 2211 N. First St., San Jose, CA 95131.

PayPal is committed to preventing fraudulent emalls. Emails from PayPal will always contain your full
name. l.earn to Identify phishing.

Please do not reply to this email. To get In touch with us, click Help & Contact.

Copyright 1999-2017 PayPal. All rights reserved.

PayPal PPC000956:e288ba:6a262a
~hapter 1.16 UbNERAL PbNALTY http://www.codepublishing.com/CA/CarmelbytlteSealhtml/CarmelO 1...

Chapter1.16
GENERAL PENALTY*

Sections:
1.16.010 Violation- Penalties.

For statutory provisions authorizing cities to impose fines up to $500.00 or imprisonment up to six months,
or both, see Government Code ~; for provisions authorizing the reduction of City ordinance violations
to infractions, see Government Code ~.

1.16.010 Violation- Penalties.


A. The violation of any provision or section of this code, or any code adopted herein by reference, or the
failing to comply with any mandatory requirement of an ordinance of the City, shall be an infraction or
misdemeanor.

B. Each day, or portion of a day, that a person violates, or continues to violate a provision of the Carmel-
by-the-Sea Municipal Code shall constitute a separate violation for which a person may be charged and
punished separately without awaiting conviction on any prior violation.

C. Violations of the following provisions of this code shall be misdemeanors:

1. Chapters UQ, 8,28 and~ CMC regarding fire prevention;

2. CMC 12.28.060 and 17.48.150 regarding trees and shrubs;

3. CMC Title~ regarding buildings;

4. CMC Title 17 regarding zoning, except for:

a. Chapter .11AQ CMC regarding signs and display cases, the violation of which shall be an
infraction; and

b. CMC 17.08.060 relating to transient rentals, the violation of which shall be an infraction.

D. A pedestrian convicted of an infraction for a violation of any section of this code adopted pursuant to
the California Vehicle Code shall be punished by a fine not exceeding $50.00.

E. In the event applicable provisions of State law specify a conflicting penalty for a violation of this code
or any section of this code enacted pursuant to State law, then the State law provisions shall supersede
the penalties provided for in this code for such violation.

F. Every person convicted of a violation of this code determined to be an infraction shall be punished as
follows:

1. By a fine not exceeding $100.00 for each violation;

2. For a second infraction occurring wfthin one year of a prior infraction which resulted in a
conviction, a fine not exceeding $200.00 for each violation; and

3. For a third and any subsequent infraction occurring within one year of two or more infractions

EXHIBIT I
1 of2 6/2117,3:25 PM
Chapter 1.16 GENERAL PENALTY* http://www.codepublishing.com/CAICannelbytheSea/html/CannetO 1...

which resulted in convictions, a fine not exceeding $500.00 for each violation.

G. Every person convicted of a violation of this code determined to be a misdemeanor shall be punished
as follows:

1. By a fine not exceeding $1,000; and/or

2. Imprisonment for a term not exceeding six months.

H. The City shall be entitled to recover all costs of enforcement of violations of these chapters. When
applications for retroactive approval of design or use changes are filed as a remedy for violations of
CMC Title 17, the design change shall be eliminated and/or the change in use terminated until final
approval by the City. The applicant shall reimburse the City for all costs of enforcement related to the
specific application. Costs of enforcement shall include: all personnel time and material costs involved
in:

1. Receiving and processing the initial complaint;

2. Performance of investigations;

3. All time spent in processing the application after filing.

I. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this code.

J. The penalties and civil remedies provided for in this section and in Chapter 17.!;2 CMC are cumulative
and not exclusive. (Ord. 2016-05 1, 2016; Ord. 95-17 1 (Exh. A), 1995; Ord. 93-30 1, 1993; Ord.
93-14 1, 1993; Ord. 92-18 2, 1992; Ord. 79-21 27, 1979; Ord. 78--9 1, 1978; Code 1975 30).

The Carmel-by-the-Sea Municipal Code is current through


Ordinance 2017-04, and legislation passed through February
7, 2017.
Disclaimer: The City Clerk's Office has the official version of the
Carmel-by-the-Sea Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.

2of2 6/2/17,3:25 PM
FROM CARMEL-BY-THE-SEA MUNICIPAL CODE:
17.08.060 Prohibited Uses.

Uses such as transient bed and breakfast, hostel, hotel, inn,


lodging, motel, hotel, resort and other transient lodging uses
for remuneration, are prohibited in the residential districts,
except as otherwise permitted by this code.
A. Liability and Enforcement. Any person acting as agent, real
estate broker, real estate sales agent, property manager,
reservation service or otherwise who arranges or negotiates for
the use of residential property in violation of the provisions of
this section is guilty of an infraction for each day in which
such residential property is used, or allowed to be used, in
violation of this section.
B. Infractions. Any person who uses, or allows the use of,
residential property in violation of the provisions of this
section is guilty of an infraction for each day in which such
residential property is used, qr allowed to be used, in violation
of this section. (Ord. 2004-02 1, 2004; Ord. 2004-01 1,
2004) .
J

FROM CARMEL-BY-THE-SEA MUNICIPAL CODE

3.32.080 Failure to Collect and Report Tax - Determination of Tax


by Assistant City Administrator.

If any operator shall fail or refuse to collect the tax and to


make, within the time provided in this chapter, any report and
remittance of the tax or any portion thereof required by this
chapter, the Assistant City Administrator shall proceed in such
manner as may be deemed best to obtain facts and information on
which to base an estimate of the tax due. As soon as the
Assistant City Administrator shall procure such facts and
information as s/he is able to obtain upon which to base the
assessment of any tax imposed by this chapter and payable by any
operator who has failed or refused to collect the same and to
make such report and remittance, s/he shall proceed to determine
and assess against such operator the tax, interest and penalties
provided for by this chapter. In case such determination is made,
the Assistant City Administrator shall give a notice of the
amount so assessed by serving it personally or by depositing it
in the United States mail, postage prepaid, addressed to the
operator so assessed at the operator's last known place of
address. Such operator may, within 10 days after the serving or
mailing of such notice, make application in writing to the
Assistant City Administrator for a hearing on the amount
assessed. If application by the operator for a hearing is not
made within the time prescribed, the tax, interest and penalties,
if any, determined by the Assistant City Administrator shall
become final and conclusive and immediately due and payable. If
such application is made, the Assistant City Administrator shall
give not less than five days' written notice, in the manner
prescribed in this chapter, to the operator to show cause at a
time and place fixed in the notice why the amount specified
therein should not be fixed for such tax, interest and penalties.
At such hearing, the operator may appear and offer evidence why
such specified tax, interest and penalties should not be so
-fixed. After such hearing, the Assistant City Administrator shall
determine the proper tax to be remitted and shall thereafter give
written notice to the person in the manner prescribed in this
chapter of such determination and the amount of such tax,
interest and penalties. The amount determined to be due shall be
payable after 15 days unless an appeal is _taken as provided in
CMC 3.32.090. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code
1975 457).

E.l{HIBIT J
Chapter 3.32 TKAN:SJI:iNT OCCUPANCY TAX* http://www.codepublishing.com/CA/CarmelbytheSealhtmVCannel03...
lA

Chapter 3.32
TRANSIENT OCCUPANCY TAX*

Sections:
3.32.010 Definitions.
3.32 020 Tax Imposed.
3 32.030 Exemptions.
3.32.040 Duties of Operator.
3 32 050 Registration.
3 32.060 Reporting and Remitting.
3 32.070 Penalties and Interest.
3.32.080 Failure to Collect and Report Tax- Determination of Tax by Assistant City Administrator.
3 32.090 Appeal.
3 32 100 Records.
3.32.110 Refunds.
3.32.120 Actions to Collect.
3 32.130 DisposHion of Proceeds.
3.32.140Disclosure of Business of Operators -limHation on Rule.
3 32.150 Violation - Penalty.

* For statutory provisions authorizing local transient occupancy taxes, see Revenue and Taxalion Code
7280 and 7281 .

3.32.01 0 Definitions.
-----------------------------------
Except where the context otherwise requires, the definitions given in this section govern the construction
of this chapter:

A "Hostelry" means any structure, or any portion of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel,
inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed location; provided, the
mobile home or house trailer is not located within a mobile home park and the tenant is not an employee
of the owner or operator of the mobile home or house trailer, or other similar structure or portion thereof.

B. "Occupancy" means the use or possession, or the right to the use or possession of any room or
rooms or portion thereof, in any hostelry for dwelling, lodging or sleeping purposes.

C. "Operator" means the person who is proprietor of the hostelry, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator
performs her/his functions through a managing agent of any type or character other than an employee,
the managing agent shall also be deemed an operator for the purpose of this chapter and shall have the
same duties and liabilities as her/his principal. Compliance with the provisions of this chapter by eHher
the principal or the managing agent shall, however, be considered to be compliance by both.

D. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal
organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate,

EXHIBIT K
I of7 6/2/17, 3:26PM
Chapter 3.32 TRANSIENT OCCUPANCY TAX* http://www.codepublishing.com/CA/CarmelbytheSea/htmVCarmel03 ...

or any other group or combination acting as a unit

E. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a
hostelry valued in money, whether to be received in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom
whatsoever.

F. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar
days or less, counting portions of calendar days as full days. Any such person so occupying space in a
hostelry shall be deemed to be a transient until the period of 30 days has expired unless there is an
agreement in writing between the operator and the occupant providing for a longer period of occupancy.
In determining whether a person is a transient, uninterrupted periods oftime extending both prior and
subsequent to the effective date of the ordinance codified in this chapter may be considered. (Ord. 79-21
7, 1979; Ord. 95 C.S. 1, 1964; Code 1975 450).

3.~~~~_!!__!~~~-!f'PO!:~:~----- -------------------------------------~---
A. For the privilege of occupancy in any hostelry, each transient is subject to and shall pay a tax in the
amount of 10 percent of the rent charged by the operator. The tax constitutes a debt owed by the
transient to the City which is extinguished only by payment to the operator or to the City.

B. The transient shall pay the tax to the operator of the hostelry at the time the rent Is paid. If the rent is
paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax
shalf be due upon the transient's ceasing to occupy space in the hostelry. If for any reason the tax due is
not paid to the operator of the hostelry, the City Clerk may require that such tax shall be paid directly to
the City Clerk. (Ord. 98-1 1,1998; Ord. 95-2 1,1995; Ond. 83-22 1, 1983; Ord. 78-13 1,1978;
Ord. 95 C.S. 1, 1964; Code 1975 451).

~~32.03~-~~~~P.~c:l~~: ___________ ------------------~----- -- -----------------------~- --


A. No tax shall be imposed upon the following:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to
impose the tax provided in this chapter;

2. Any Federal or State of California officer or employee when on official business;

3. Any officer or employee of a foreign government who is exempt by reason of express provision
of Federal law or international treaty.

B. No exemption shall be granted except upon a claim therefor made at the time rent is collected and
under penalty of perjury upon a form prescribed by the Assistant City Administrator. (Ord. 94-8 1,
1994; Ond. 95 C.S. 1, 1964; Code 1975 452).

3.32.040 Duties of Operator.


Each operator shall collect the tax imposed by this chapter to the same extent and at the same time the
rent is collected from every transient. The amount of tax shall be separately stated from the amount of
the rent charged, and each transient shall receive a receipt for payment from the operator. No operator
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of a hostelry shall advertise or state in any manner, whether directly or Indirectly, that the tax or any part
thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if
added, any part will be refunded except in the manner provided in this chapter. (Ord. 95 C.S. 1, 1964:
Code 1975 453).

3.32.050 Registration.
Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after
commencing business, whichever is later, each operator of any hostelry renting occupancy to transients
shall register the hostelry with the Department of Administrative Services and obtain from it a "Transient
Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises.
The certificate shall, among other things, state the following:

A. The name of the operator;

B. The address ofthe hostelry;

C. The date on which the certificate was issued;

D. "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof
has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the
Department of Administrative Services for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Department of Administrative Services. This certificate does
not authorize any person to conduct any unlawful business or to conduct any lawful business in an
unlawful manner, nor to operate a hostelry without strictly complying with all local applicable laws,
including, but not limited to, those requiring a permit from any board, commission, department or office
of this City. This certificate does not constitute a permit." (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964;
Code 1975 454) .

.~:32:~~o.~~P.~~!~!I!'.~~-~~~ii!!~!I:_ ________ ,...........~------~----~--------


Each operator shall, on or before the last day of the month following the close of every other month
(bi-monthly), or at the close of any shorter reporting period which may be established by the City
Administrator make a return to the City of Carmel-by-the-Sea on forms provided by the Department of
Administrative Services of the total rents charged and received and the amount of tax owed to the City
for transient occupancies. At the time the return is filed, the full amount of tax owed to the City shall be
remitted to the Department of Administrative Services. The City Administrator may establish shorter
reporting periods for any certificate holder if s/he deems it necessary in order to ensure collection of the
tax and s/he may require further information in the return. Returns and payments are due immediately
upon cessation of business for any reason. All taxes owed to the City by operators pursuant to this
chapter shall be held in trust for the account of the City until payment thereof is made to the Department
of Administrative Services. (Ord. 2007-11 1, 2007; Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code
1975 455).

3.32.070 Penalties and Interest.


A. Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time
required shall pay a penalty of 10 percent of the amount of the tax in addition to the amount of the tax.

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B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a
period of 30 days following the date on which the remittance first became delinquent shall pay a second
delinquency penalty of 10 percent of the amount of the tax in addition to the amount of the tax and the
10 percent penalty first imposed.

C. Fraud. If the Assistant City Administrator determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added
thereto in addition to the penalties stated in subsections (A) and (B) of this section.

D. Interest. In addition to the penalties imposed, any operator who tails to remit any tax imposed by this
chapter shall pay interest at the rate of onehalf of one percent per month or fraction thereof on the
amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent
until paid.

E. Penalties Merged With Tax. Every penalty imposed and such interest as accrues under the provisions
ofthis section shall become a part of the tax required to be paid in this chapter.

F. Monthly Payments. Any operator who fails to remit the full amount of quarterly tax due by the required
deadline shall thereafter be obligated to remit monthly revenue statements and taxes owed. Such
monthly remittance shall continue for a period of six consecutive months following the operator's most
recent infraction. Nonpayment of a monthly remittance will cause the operator to be subject to penalties
and interest described within this section. Monthly revenue statements and taxes owed are due on or
before the tenth calendar day of every month for the preceding month. (Ord. 94-8 1, 1994; Ord. 95
C.S. 1, 1964; Code 1975 456).

3.32.080 Failure to Collect and Report Tax - Determination of Tax by Assistant City
Administrator.
If any operator shall fail or refuse to collect the tax and to make, within the time provided in this chapter,
any report and remittance of the tax or any portion thereof required by this chapter, the Assistant City
Administrator shall proceed in such manner as may be deemed best to obtain facts and information on
which to base an estimate of the tax due. As soon as the Assistant Cily Administrator shall procure such
facts and information as slhe is able to obtain upon which to base the assessment of any tax imposed by
this chapter and payable by any operator who has failed or refused to collect the same and to make
such report and remittance, slhe shall proceed to determine and assess against such operator the tax,
interest and penalties provided for by this chapter. In case such determination is made, the Assistant
Cily Administrator shall give a notice of the amount so assessed by serving it personally or by deposning
it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator's
last known place of address. Such operator may, within 10 days after the serving or mailing of such
notice, make application in writing to the Assistant City Administrator for a hearing on the amount
assessed. If application by the operator for a hearing is not made wnhin the time prescribed, the tax,
interest and penaKies, if any, determined by the Assistant City Administrator shall become final and
conclusive and immediately due and payable. If such application is made, the Assistant City
Administrator shall give not less than fiVe days' written notice, in the manner prescribed in this chapter,
to the operator to show cause at a time and place fixed in the notice why the amount specified therein
should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and
offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing.

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the Assistant City Administrator shall determine the proper tax to be remitted and shall thereafter give
written nolice to the person in the manner prescribed in this chapter of such determination and the
amount of such tax. inlerest and penalties. The amount determined to be due shall be payable after 15
days unless an appeal Is taken as provided in CMC 3.32.090. (Ord. 94-8 1. 1994; Ord. 95 C.S. 1,
1964; Code 1975 457).

3.32.090 Appeal.
Any operator aggrieved by any decision of the Assistant City Administrator with respect to the amount of
such lax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with
the City Clerk within 15 days of the serving or mailing of the determination of tax dOe. The City Council
shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such
operator at the operator's last known place of address. The findings of the City Council shall be final and
conclusive and shall be served upon the appellant in the manner prescribed above for service of notice
of hearing. Any amount found to be due shall be immediately due and payable upon the service of
notice. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code 1975 458).

3.32.1 00 Records.
It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed
by this chapter to keep and preserve, for a period of three years, all records as may be necessary to
determine the amount of such tax as the operator may have been liable for the collection and payment
to the City, which records the Assistant City Administrator shall have the right to inspect at all reasonable
times. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964; Code 1975 459).

3.32.110 Refunds.
---~---------

A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or
has been erroneously or illegally collected or received by the City under this chapter, it may be refunded
as provided in subsections (B) and (C) of this section; provided, a claim in writing therefor, stating under
penalty of perjury the specific grounds upon which the claim is founded, is filed with the Assistant Clly
Administrator within three years of the date of payment. The claim shall be on forms furnished by the
Assistant City Administrator.

B. An operator may claim a refund or take as credit against taxes collected and remnted the amount
overpaid, paid more than once or erroneously or illegally collected or received when it is established in a
manner prescribed by the Assistant City Administrator that the person from whom the tax has been
collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed
unless the amount of the tax so collected has either been refunded to the transient or credited to rent
subsequently payable by the transient to the operator.

C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally
collected or received by the City by filing a claim in the manner provided in subsection (A) of this section,
but only when the tax was paid by the transient directly to the Assistant City Administrator, or when the
transient, having paid the tax to the operator, establishes to the satisfaction of the Assistant CUy
Administrator that the transient has been unable to obtain a refund from the operator who collected the
tax.

D. No refund shall be paid under the provisions of this section unless the claimant establishes a right

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thereto by written records showing entitlement thereto. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1, 1964;
Code 1975 460).

3.32.120 Actions to Collect.


Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt
owed by the transient to the City. Any such tax collected by an operator which has not been paid to the
City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under
the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery
of such amount. (Ord. 95 C.S. 1, 1964; Code 1975 461 ).

3.32.130 Disposition of Proceeds.


All moneys collected under and pursuant to the provisions of this chapter shall be deposited in the
hostelry tax fund of this City and shall be distributed within the fund as follows:

A The first six percent to the extent needed:

1. That amount necessary to fund the portion of the municipal budget covering community and
cultural and recreation activities including but not limited to Sunset Center and the Forest Theater,
parks, public facilities and municipal structures, and parking lots;

2. The remainder to be distributed to fund such acquisition and improvement of parks, recreation
land and other municipal purposes as determined from time to time by the City Council; provided,
that all such uses shall be in accordance with the General Plan of the City, as it is now or may be
hereafter constituted;

B. The remainder of the firstsix percent, the additional two percent added by Ordinance No. 78-13, and
the additional two percent added by Ordinance No. 83-22 shall be ~dded to the General Fund for usual
and current expenses. (Ord. 98-1 2, 1998; Ord. 95-2 2, 1995; Ord. 94-8 1, 1994; Ord. 83-22 2,
1983; Ord. 78-13 2, 1978; Ord. 267 C.S. 1, 1972; Ord. 240 C.S. 1, 1971; Ord. 217 C.S. 1, 1970;
Ord. 199 C.S. 1, 1969; Ord. 95 C.S. 1, 1964; Code 1975 462).

3.32.140 Disclosure of Business of Operators- Limitation on Rule.


It is unlawful for any City official or any person having an administrative duty under this chapter to make
known in any manner whatever the business affairs, operations, or Information obtained by an
investigation of records and equipment of any operator or any other person visited or examined in tha
discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any
particular thereof, set forth or disclosed in any return or to pem1it any return or copy thereof to be seen
or examined by any person. Successors, receivers, trustees, executors, administrators, assignees and
guarantors, if directly interested, may be given information as to the items included in the measure and
amount of any unpaid tax or amounts of tax required to be collected, interest and penalties. (Ord. 94-8
1, 1994; Ord. 95 C.S. 1, 1964; Code 1975 463).

3.32.150 Violation- Penalty.


A Ary person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

B. Any operator or other person who fails or refuses to register as required in this chapter, or to furnish

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any return required to be made, or who fails or refuses to furnish a supplemental return or other data
required by the Assistant City Administrator or who renders a false or fraudulent return or claim, is guilty
of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes
any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due
required by this chapter to be made is guilty of a misdemeanor. (Ord. 94-8 1, 1994; Ord. 95 C.S. 1,
1964; Code 1975 464).

The Carmel-by-the-Sea Municipal Code is current through


Ordinance 2017-04, and legislation passed through February
7, 2017. '
Disclaimer: The City Clerk's Office has the official version of the
Carmel-by-the-Sea Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.

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