Whipple v. City of New Orleans Dep't of Safety & Permits

• Decision Date: 05 August 2020
• Docket Number: NO. 2020-CA-0111,2020-CA-0111
• Parties: CHRISTOPHER K. WHIPPLE v. THE CITY OF NEW ORLEANS DEPARTMENT OF SAFETY AND PERMITS
• Court: Court of Appeal of Louisiana — District of US

CHRISTOPHER K. WHIPPLE
v.
THE CITY OF NEW ORLEANS DEPARTMENT OF SAFETY AND PERMITS

NO. 2020-CA-0111

COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

AUGUST 5, 2020

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH
NO. 2019-04010, DIVISION "A"
Honorable Ellen M Hazeur, Judge

Judge Rosemary Ledet

(Court composed of Judge Daniel L. Dysart, Judge Rosemary Ledet, Judge Tiffany G. Chase)

Keith M. Whipple
ATTORNEY AT LAW
P.O. Box 790
Bourg, LA 70343

COUNSEL FOR PLAINTIFF/APPELLANT

William R. H. Goforth
ASSISTANT CITY ATTORNEY
Shawn Lindsay
DEPUTY CITY ATTORNEY
Churita H. Hansell
CHIEF DEPUTY CITY ATTORNEY
Donesia D. Turner
SENIOR CHIEF DEPUTY CITY ATTORNEY
Sunni J. LeBoeuf
CITY ATTORNEY
1300 Perdidio Street, Room 5E03
New Orleans, LA 70112

COUNSEL FOR DEFENDANT/APPELLEE

AFFIRMED

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RML
DLD
TGC

This is an administrative case involving alleged violations of certain short term rental ("STR") ordinances adopted by the City of New Orleans (the "City"). This appeal stems from the March 13, 2019 administrative decision rendered against a property owner, Christopher Whipple, finding him in violation of four STR ordinances and fining him $2,075. Mr. Whipple appeals the district court's September 23, 2019 judgment, denying his petition for judicial review and affirming the March 13, 2019 administrative decision. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2016, Mr. Whipple purchased residential property located at 1117 Monroe Street in New Orleans, Louisiana (the "Property"). About one year later, in June 2017, Mr. Whipple obtained a temporary STR permit for the Property. The permit had a one-year term, which expired in June 2018. Before the permit expired, Mr. Whipple applied for a renewal permit. The City denied his application because it had temporarily prohibited the issuance or renewal of temporary STR permits through an Interim Zoning District.¹

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In July 2018, the City served Mr. Whipple with a Notice of Violation,² citing him for violating four STR ordinances; those ordinances can be grouped together as follows:

• City of New Orleans Code ("CCNO") § 26-613(b) and City Zoning Ordinance ("CZO") § 20.3.LLL.1(b), which both require a license to operate a STR;³ and

• CCNO § 26-615(b) and (c), which respectively require a permit holder to prominently display the permit on the front façade of the property and to include a valid permit number on any listing advertising or soliciting the property for use as a STR.

In March 2019, an administrative hearing was held. At the hearing, the hearing officer swore in the City's STR administrator and Mr. Whipple; and the City and Mr. Whipple introduced various documentary evidence. The City's evidence included the Assessor's Office information for the Property, reflecting Mr. Whipple's correct address for purposes of providing notice; the expired STR permit for the Property, reflecting Mr. Whipple's lack of a STR permit as of July 2019; and six screenshots of the Property advertised on digital vacation rental platforms—VRBO and HomeAway⁴— between July 2018 and March 2019 (the "Screenshots").

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At the close of the hearing, the hearing officer found that Mr. Whipple had violated the four ordinances cited in the Notice of Violation and imposed a fine of $500 per violation (the maximum per day fine) and the $75 hearing costs—$2,075 total. Mr. Whipple appealed the hearing officer's decision to the district court. The district court affirmed the hearing officer's decision. This appeal followed.

DISCUSSION

Pursuant to La. R.S. 13:2575(A), the City is authorized to regulate public health, housing, and environmental violations. A property owner who is found to have violated the City's regulations is authorized to appeal to the appropriate state district court. La. R.S. 13:2575(H). The statute, however, is silent as to the standard of review. This Court has borrowed the general provisions of the Louisiana Administrative Procedure Act ("APA"), La. R.S. 49:950, et seq., as the governing standard of review. See DMK Acquisitions & Properties, LLC v. City of New Orleans...