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Home My WebLink About2/17/2026 Item Public Comment, Walker (2) kathie walker < To:Marx, Jan; Stewart, Erica A; Francis, Emily; Boswell, Mike; Shoresman, Michelle; E-mail Council Website Subject:Code Enforcement, General Plan Compliance, and Use of Budget Surplus Attachments:Updated Fraternity Report January 2026.pdf Dear Mayor Stewart and Councilmembers, I am writing to address the City’s current budget surplus in the context of the more than 50 illegal fraternity operations in San Luis Obispo’s residential neighborhoods, the pervasive underage drinking and over-consumption of alcohol occurring at these properties, and the resulting impacts on neighborhood residents. While reviewing records produced in response to my public records request, I came across a letter from a neighbor who lives near several fraternity houses. He provides a first-hand account of students engaging in extreme intoxication - urinating in his driveway, walking erratically in the street, and otherwise exhibiting behavior that is both unsafe and degrading to neighborhood livability. His account is consistent with what my family has experienced on Fredericks Street and throughout the surrounding neighborhoods, particularly over the past 4 1/2 years. 1 When fraternities host parties, during the day and night on weekends, intoxicated students routinely use public streets as sidewalks, blocking traffic as they walk back toward dorms or nearby residences. Many of these streets are narrow and poorly lit, making it extremely scary to drive at night while individuals are blocking the roadway. I am surprised that SLOPD has not reported this issue to City management because it is an obvious problem, especially on weekends. Please drive through Alta Vista at night to see for yourself. Orange Drive, Chaplin Lane, Albert Drive are especially bad and frightening at night on weekends, but all of Alta Vista and Monterey Heights are affected. My husband and I have often said it is astonishing that someone had not yet been seriously injured under these conditions. Tragically, that fear has now been realized. Two weeks ago, a 20-year-old fraternity member had been drinking at an illegally operating Kappa Sigma fraternity house on Crandall Way. According to posts online, at least one fraternity member tried to take his keys because he was obviously impaired. Because he was under 21 and could not join other fraternity members going to bars downtown, he left the “pre-game” event, drove from the fraternity house, struck two sorority members, and continued driving. Posts online say that fraternity members later reported him to the San Luis Obispo Police Department. That same weekend, two other 20-year-old Cal Poly students, both reportedly involved in sororities, were arrested for DUI. 2 In a separate incident that was never publicly disclosed, an 18-year-old fraternity pledge was drinking at a fraternity house in the neighborhood in late October 2025. After returning to his dorm while intoxicated, he fell from a second-story window, landing on his head. He nearly died and will likely never fully recover. He remains hospitalized in Northern California. His older brother is a current Cal Poly student. These two incidents alone have catastrophically injured at least three young people. Yet no one is publicly addressing the root cause: concentrated underage drinking and extreme alcohol consumption occurring at illegally operating fraternities in residential neighborhoods. This is not only a student safety issue, it is a neighborhood safety issue. I have previously analogized fraternity houses to nightclubs or bars: they generate sustained noise, serve alcohol late into the night, and have large crowds of intoxicated people into surrounding streets. The critical difference is that many of those drinking are under 21. Another difference is that nightclubs are not permitted in residential neighborhoods. No one should be expected to live next to multiple de facto bars when they need sleep to function the next day. Residents near these illegal operations routinely witness vandalism, trespassing, urination or vomiting on private property, and severely intoxicated young adults who cannot walk straight, wander into the middle of the street, or attempt to enter the wrong homes because they are disoriented. Our video surveillance has documented conduct that is deeply disturbing and directly tied to the toxic drinking culture emanating from nearby fraternities that are not legally permitted to operate in these neighborhoods. Last weekend, numerous fraternity winter rush events were held in the same neighborhood houses that hosted events during fall rush in September 2025. Many of these addresses were cited by Code Enforcement in September, yet records produced on December 10, 2025 show that several were never followed up on. Code Enforcement wasn't in the neighborhoods on Saturday or Sunday, as the many rush events were happening. Additional rush events are scheduled to begin again this Friday. No one should have to live surrounded by these conditions with persistent lack of enforcement. None of the fraternities have been shut down and it's been years now since I first brought this problem to your attention! I have attached my report in an 8½ × 11 format. I ask that you provide feedback, acknowledge the severity of the problem, and offer concrete solutions with a clear timeline. The City has a $3.5 million budget surplus. A portion of that surplus should be used on a one-time basis to hire a contract employee dedicated to reviewing Code Enforcement records, enforcing the San Luis Obispo Municipal Code, and organizing a systematic response to this issue. Once the problem is stabilized and meaningful progress is made, existing Code Enforcement staff can take over. Currently, the department does not have sufficient resources to address more than 50 documented illegal fraternity operations. The current enforcement procedures amount to an abdication of duty. While the City has discretion regarding the choice and sequencing of enforcement tools, it does not have discretion to maintain procedures that defeat zoning prohibitions or undermine mandatory General Plan requirements. The City must also enforce its General Plan and LUCE. A city cannot fail to enforce its land use policies in a manner that contradicts adopted zoning and General Plan directives. The LUCE requires the City to 3 preserve, protect, and enhance neighborhoods; promote livability, quiet enjoyment, and safety for all residents; and actively enforce noise, parking, and property maintenance standards. With respect to Greek life, the LUCE requires the City to work with Cal Poly to develop a proposal to locate fraternities and sororities on campus for consideration by the CSU Board. You now have the resources to hire a contract employee for one to two years to make meaningful progress on a problem documented by The Tribune after a two-month investigation and by the Grand Jury in its June 2025 report. Enforcement of zoning, land use laws, and the General Plan is mandatory, not discretionary. I respectfully ask that you direct staff to determine the cost of hiring a contract employee for one to two years to address Code Enforcement failures and bring the more than 50 illegal fraternity operations in residential neighborhoods into compliance. Many of the property owners maintaining these illegal uses have already been notified, some repeatedly. It is time to take the next steps to abate these nuisances. The City has both the resources and the legal obligation to act. Please do so now. Sincerely, Kathie Walker 4 1.According to the City’s own documentation, a Code Enforcement Officer I/II is the only qualified code enforcement staff to ha ndle zoning regulations and land use issues, including fraternities and sororities, but the City has assigned a less qualified Code Enforcement Tech II (“Safe Housing Specialist”) to handle illegal zoning/land use fraternity issues. This has led to the mishandling of the issue: most complaints for illegal fraternity operations are wrongly dismissed as ‘unfounded’ or ‘unable to verify’ despite adequate proof that meets the legal standard documenting the underlying complaints; enforcement is delayed or never completed; records are disorganized, not completed properly (e.g. Code Case Records are missing entries); Notices to property owners have been “lost” by the Community Development Department per the City Clerk in response to a records request, etc. The fraternity problem has not been handled properly and has become worse since it was brought to the City’s attention in 2021. 2.Community Development/Code Enforcement & SLOPD have not worked together for effective enforcement outcomes related to fraternity operations. Addresses identified as fraternities by Code Enforcement do not seem to be in SLOPD’s database to inform SLOPD’s response to noise complaints. SNAP students are still routinely sent to addresses that are documented fraternity operations. Fraternity addresses are “premised” per City policy, which means the property addresses are on the ‘no warning’ list and SLOPD dispatches sworn officers to those locations for noisy party complaints. Historically, the City has premised fraternity addresses even if the fraternity does not have a Conditional Use Permit. However, SLOPD routinely dispatches SNAP students to fraternity locations that have been documented as fraternities by Code Enforcement. 3.“Early Removal Program” through SLOPD allows property owners with documented illegal fraternity operations that have accumulated expensive noise citation fines, to clear the citation history and associated fines, and remove the property from the “premised” no-warning list. This eliminates the escalating citation fines to the tenants and the property owner, which are usually maxed out at $1000 whe n the property owner is allowed to wipe the slate clean through this program. It also eliminates mandated response from SLOPD and instead makes the property eligible for SNAP response and zero fine DAC for the next noise complaint. Fraternities are “premised” and are not eligible for the Early Removal Program, however this loophole for illegal fraternity operations has not been closed. Several property owners of known illegal fraternity properties exploit this program over and over, which does not hold them accountable for the ongoing noise nuisance caused by the fraternity when it is cited by SLOPD for noisy parties. 4.The City attorney has not pursued charges against documented illegal fraternity houses with egregious histories, and they continue to operate up to the present time. These properties are public nuisances according to the City’s municipal code, yet nothing is being done to combat the issue. The ongoing illegal fraternity operations have made life unbearable for many residents in the affected neighborhoods who have no choice but to endure it or move away. The City should be protecting the livability of these neighborhoods by abating the nuisance against the propert y owners who continue to allow the illegal property use of a fraternity at their rental properties. 5.Despite ongoing violations, properties have received “courtesy warning” Notices of Violation for illegal fraternity operations from the City, then continue to operate and receive another “courtesy” Notice of Violation, then continue to operate and receive another “courtesy” Notice of Violation, and so on. The lack of accountability has created a worsening environment in the neighborhoods over the past four years, as fraternities have leased more rental houses and hold fraternity parties and events at these single-family homes in residential neighborhoods. There are dozens of rental properties in residential neighborhoods operating as fraternities, in violation of the City’s laws. 6.Cal Poly published the addresses where fraternity events were held throughout the City’s neighborhoods in its AB 524 report o n 10/1/2023, but erased the addresses on July 1, 2024, after SLO Code Enforcement sent notices to the property owners in March-June 2024. The City has not legally compelled Cal Poly to provide the addresses to the City, despite the City’s request for the addresses for the last two academic years. There is no exemption under the California Public Records Act that allows Cal Poly to withhold the addresses where fraternity events are held in the City’s neighborhoods. The fraternities continue to operate at addresses listed in the AB 524 report and have expanded fraternity operations into more rental houses in the neighborhoods. The public nuisance of living near a fraternity house with regular fraternity parties has had an extremely negative impact on many residents impacted by the illegal use throughout the City’s neighborhoods.1 Cal Poly’s fraternity operations are predominately at illegal locations within residential neighborhoods in San Luis Obispo a nd should be handled across multiple divisions within the City, for example, Community Development, SLOPD, and at times, the City Attorney, because there are at least two issues: Land Use Violations handled by Code Enforcement and Noise Complaints handled by SLOPD. There is a disconnect between these departments, instead of working together to solve the problem. ➢Land Use Violations are handled by Code Enforcement within the Community Development Division. ➢Noise Complaints for noisy parties are handled by SLOPD Dispatch within the SLOPD Division. Land Use Violations: •Zoning regulations do not allow fraternity operations in R-1 & R-2 residential neighborhoods. •Zoning regulations do not allow fraternity operations in R-3 & R-4 residential neighborhoods without a Conditional Use Permit (CUP). o Conditions in a CUP protect the surrounding neighborhoods from noise, traffic, and other problems that create adverse impacts and public nuisance for those who live or work near the fraternity use. A CUP is a necessary tool to protect the health, safety, and well-being of the residents in San Luis Obispo, consistent with the General Plan, Land Use and Circulation Element (LUCE), Zoning Regulations and Municipal Code. o Regarding Fraternities operating without a CUP: •Code Enforcement has identified many property addresses that are operating illegally as a fraternity across all residential z ones R-1, R-2, R- 3, R-4. Many of the addresses were listed in Cal Poly’s AB 524 Report. Addresses were also identified by posts on fraternities’ social media that advertised fraternity rush events, and complaints were submitted via AskSLO with documentation. •Notices of Violation and Advisory Letters were sent to some property owners advising of the illegal fraternity operations but were not followed up on. Cal Poly fraternities continue to operate at most of the addresses identified by Code Enforcement as illegal fraternit y operations. •More property addresses have emerged this academic year that are operating as Cal Poly fraternities within the City of San Luis Obispo. •SLOPD does not cite land use violations even though they are a violation of the SLO Municipal Code. (SLOPD did cite illegal f raternity operations decades ago.) •There are now more illegal fraternity operations in residential neighborhoods in the City than when the problem was first reported to the City. Noise Complaints: •Complaints for noisy parties are called into SLOPD. These are not included in Code Enforcement statistics related to “complaints” for illegal fraternity operations. There is no tracking of noise complaints at documented fraternity properties versus non-fraternity properties. Hundreds of noise complaints each year are from fraternity properties. •Dispatch sends a SLOPD officer, Community Service Officer, or SNAP student to respond to the noise complaint. •Most egregious / large / noisy parties (50+ people) are held at fraternity houses within residential neighborhoods in the City. Most of those addresses have been documented by Code Enforcement as illegal fraternity operations. o SLOPD Dispatch sends SNAP students to addresses that have been documented by Code Enforcement as illegal fraternity operations. o City policy considers a fraternity to be “premised” which means a sworn officer must respond to a noise complaint, not a SNAP student. o Whether the fraternity has a CUP or does not have a CUP is not relevant to the determination of whether a property is “premis ed”. The policy is related to the use of the property as a fraternity. For example, Zeta Beta Tau operates at 654/658 Graves and has never had a CUP but is premised by the City. Beta Theta Pi at 1327 Foothill has never had a CUP but is premised by the City. Therefore, any property identified by Code Enforcement as a fraternity should be “premised” and SNAP should not be sent to these fraternity houses when a noise complain t is made Overview of Fraternity Operations within the City of San Luis Obispo 2 What Code Enforcement Staff Members Are Qualified to Investigate a Land Use Complaint for Illegal Fraternity Operations? City Code Enforcement conducted a Study Session with City Council on 10/3/2023 that outlined the chain of command for Code En forcement in the City’s Figure 1.2. •The Community Development Director, Timmi Tway, oversees all operations in the Community Development Department •The Chief Building Official, Michael Loew, oversees three divisions within Building and Safety, including Code Enforcement. •City Code Enforcement Supervisor, John Mezzapesa, oversees five Code Enforcement employees: 1.Code Enforcement Officer II, Steve Sheats 2.Code Enforcement Officer I, Nick Buckley 3.Stormwater Code Enforcement Officer, Jim Gorter 4.Code Enforcement Tech II, Rami Salem, hired approximately November 2023, “Safe Housing Specialist” 5.Code Enforcement Tech I, Harriet Green, hired approximately February 2024, “Neighborhood Services Specialist” •The Chief Building Official and Code Enforcement Supervisor presented a chart during the City Council Study Session on Code E nforcement on 10/3/2023 that lists each employee’s tasks based on their qualifications, shown on the next page. •Only Code Enforcement Officers I/II can handle Land Use issues according to their qualifications. A Code Enforcement Officer I/II has more qualifications than Code Enforcement Tech II. Code Enforcement Officers are qualified to handle these matters: o Public Peace, Morals, and Welfare (Title 9 of SLOMC) including noise is specifically listed as the responsibility of Code Enf orcement Officer I/II. o Zoning Regulations (Title 17 of SLOMC) are specifically listed as the responsibility of Code Enforcement Officer I/II o Use Permits are specifically listed as the responsibility of Code Enforcement Officer I/II o “Fraternities and Sororities” are specifically listed as the responsibility of Code Enforcement Officer I/II Code Enforcement Techs are not qualified to handle issues / complaints related to Zoning, Use Permits, Fraternities, according to the City’s presentation.3 •Only a Code Enforcement Officer I/II can handle Land Use issues, including fraternities. The City’s chart presented to Council on 10/3/2023 (left), lists the title of each Code Enforcement staff and their responsibilities based on qualifications. A Code Enforcement Officer I/II is qualified to handle more comprehensive issues than a Code Enforcement Tech I/II. •A Code Enforcement Tech II was hired in late 2023 as a “Safe Housing Specialist” but was tasked with overseeing the fraternity zoning and land use issue, including going through all the fraternity addresses listed in Cal Poly’s AB 524 Report published on 10/1/2023. •In March 2024, Code Enforcement began sending Notices to property owners regarding unlawful fraternity operations at their properties. The City did not follow up on Notices and SLOPD continued to respond to fraternity events at the identified addresses, which continued operating illegally up to the present, 2026. •Code Enforcement somehow missed many addresses listed on the AB 524 Reports. Even after a follow-up report was given to Community Development outlining the missing fraternity addresses, no Notices were sent to the addresses that were missed by the Code Enforcement Tech. What Code Enforcement Staff Members Are Qualified to Investigate a Land Use Complaint for Illegal Fraternity Operations? 4 •According to a public records request, most complaints submitted to Code Enforcement for illegal fraternity events at houses in R-1 / R-2 neighborhoods, were dismissed by Code Enforcement Tech as “unfounded” or “unable to verify” despite adequate proof using the preponderance of the evidence legal standard (e.g. links to the fraternity’s Instagram with photos of event ) or because the Code Enforcement Tech did not follow up if no one answered the door when he visited the property. 5 City’s chart presented by Code Enforcement Staff during Study Session to City Council re: SLO City Code Enforcement 10/3/2023 The City Has Not Pursued Enforcement of Illegal Fraternity Operations to the Detriment of City Residents in its Neighborhoods The City was aware of illegal fraternity operations throughout residential neighborhoods for many years but has not taken action to bring them into compliance. Some have extensive noise complaints, such as 348 / 350 Hathway. SLOPD’s dispatch for four years is shown on the right. •In 2015, a roof collapsed during “St. Fratty’s Day” adjacent to a property zoned R-2 on Hathway Avenue which was known to be operating illegally as a fraternity house. •Cal Poly hired a consultant to investigate the roof collapse to determine who was responsible. •The report cited fraternity operations at a fraternity house at 348 Hathway Avenue, also known as “the Pink House”. The report also cited other nearby fraternities on Hathway contributed to the crowds that morning. Despite documentation of the illegal fraternity, the City did not pursue action against the fraternity operating illegally at 348 Hathway Avenue or others nearby known to SLOPD with ongoing noise complaints. •Since 2015, three different fraternities have occupied 348 Hathway Avenue. •For the past four academic years, Phi Sigma Kappa has occupied 348/350 Hathway Avenue and has openly operated its main chapter house at this address. •The property has an egregious history of noise complaints, but the City has never taken action to bring a nuisance action against the property owner or the fraternity. 348/350 Hathway is the main chapter house for Phi Sigma Kappa. Each address is treated separately by SLOPD, so each is eligible for a DAC and has separate progressive citation fines (DAC then $350 then $700 then $1000). The property had received so many citations that the fraternity members and the property owner were regularly receiving fines of $1000 for noise citations. SLOPD allowed the property owner to wipe his citation history clean through the Early Removal Program in summer of 2024 to restart the clock with zero-fine DACs even though the property is a documented fraternity and is the main fraternity house for Phi Sigma Kappa, and the use did not change. The $1000 fines to the fraternity members and the property owner stopped, and SNAP was subsequently dispatched. SNAP issued a zero fine DAC in September and another zero fine DAC in October. By May, the fraternity and property owner had received citations with $1000 fines. It is not clear whether the property owner was allowed to utilize the Early Removal Program in summer 2025 because I have not requested updated noise records from SLOPD. Please look at the history of noise complaints and ask yourself how you would feel if this were happening near your home? How many noise complaints do you feel are acceptable? Why did the City Attorney not take action against this known public nuisance? It is still a fraternity and was cited for illegal rush events in Fall 2025.6 SLOPD Dispatch Log, above, from 10/1/2021 through 6/1/2025 shows ongoing noise complaints to s fraternity house, documented to be operating illegally by the City since 2015. (Noise complaints since 6/1/2025 were not requested and are unknown at this time.) 7 Noise Complaint Calls to SLOPD for 348 /350 Hathway Ave Phi Sigma Alpha Fraternity House Oct 2021- June 2022 (8 ½ months): •13 noise complaint calls to SLOPD •7 noise citations Oct 2022-June 2023 (8 ½ months): •13 noise complaint calls to SLOPD •7 noise citations Sept 2023- May 2024 (8 ½ months): •16 noise complaint calls to SLOPD •1 SNAP response •8 noise citations •1 ‘report filed’ ($1000 fine for failure to answer the door to SLOPD) Summer 2024: Property owner cleared citation history through SLOPD’s Early Removal Program to stop the ongoing $1000 citation fines issued to himself and the tenants for each violation and reset the fines to zero with eligibility for SNAP response and DAC warning. Sept 2024 – May 2025 (8 ½ months): •15 noise complaint calls to SLOPD •2 SNAP responses •2 Disturbance Advisement Cards •3 noise citations (No updated information for 2025-2026 yr) Details for SLOPD noise complaint calls for one fraternity operating illegally in R-2 residential neighborhood Ongoing disruptive fraternity events at 348 Hathway Avenue, zoned R-2 •Since November 2021, I have sent email correspondence and videos to SLOPD and City Council regarding ongoing parties at the fraternity operating illegally in the neighborhoods, especially the fraternity at 348 Hathway Avenue because the parties can be heard from our hom e a block away. •On January 30, 2024, I sent an email and a video of repeated parties at 348 Hathway Avenue to the City Council, City Manager, Community Development Director, SLOPD Chief, and City Attorney with the Subject: “Another Loud Frat Party Tonight, Tuesday, 7 th night in a row in our neighborhood”. o The only response I received was from the SLOPD Chief. He advised me to stop taking videos and, instead, told me to have SLOPD officers to come to my house to assess the disturbance. This request would delay response to enforce the noisy parties and seemed dismissive. •The fraternity continued to operate at 348 Hathway and its loud parties and events continued to disturb the neighborhood, as it does to this day. Suggested Prosecution of the Most Egregious and Problematic Fraternities Operating in R-1 & R-2 Zones On January 22, 2025, I wrote to the City Attorney and cc’d the Community Development Director with the Subject: “Prosecution of Illegal Fraternity Operations with SLOMC 17.22.010 and 17.02.030” •I attached a case from 1989 when the City Attorney prosecuted a fraternity for operating illegal without a CUP. •I asked: “Can the same municipal code violation be used again, wherein a resident files a complaint with SLOPD against a fraternity operat ing illegally in R1 and R2 residential zones? These illegal fraternity operations have caused ongoing extreme disruptions to the neighbors for se veral years. There is no way for the fraternities to get a conditional use permit because they are not allowed to operate in R1 and R2 zones, but t heir operations in these neighborhoods is what is so egregious and make it impossible to have the quiet enjoyment of our property.” •City Attorney’s response: “Kathie, my office, along with other involved departments are exploring multiple enhanced enforcement options that I believe may be more comprehensively effective than a “one off” misdemeanor prosecution approach, although that certainly remains an available too l that is very much on the table. We are simultaneously seeking to obtain all information regarding documented fraternity activities in our co mmunity that we believe are legally required to be provided by Cal Poly.” •One year later, the City has still not obtained “all information” from Cal Poly, namely the addresses where Cal Poly’s frater nities are holding fraternity- related events in the residential neighborhoods. o The City could legally compel Cal Poly to provide the addresses where its fraternities are holding fraternity-related events in the City but has not taken steps to do so. o The failure to act has adversely affected the people who live and work in the neighborhoods where Cal Poly’s 18 fraternities continue to operate and hold fraternity-related events every weekend that Cal Poly is in session. The adverse impacts were outlined in the Grand Jury report published in June 2025. The City Has Not Pursued Meaningful Enforcement of Illegal Fraternity Operations to the Detriment of City Residents in its Ne ighborhoods 8 Fraternity properties operating illegally in San Luis Obispo are avoiding meaningful noise-enforcement accountability through SLOPD’s Early Removal Program. This is inconsistent with City Council’s intent when it adopted the Early Removal Program and other residential noise reforms in 2010. 1.Fraternity houses operating illegally routinely reset their noise-enforcement history by invoking the “Early Removal upon tenant turnover” process, even though the use of the property remains unchanged, and it continues to operate illegally as a fraternity. Permitted fraterniti es are not eligible for the Early Removal Program. 2.Letters from San Luis Obispo Police Department (SLOPD) related to citations actively facilitate these resets by instructing property owners how to apply for early removal without distinguishing the continuous use as a fraternity. SLOPD is aware of the addresses of fraternities, and Code Enforcement has also documented many of the addresses. SLOPD’s letter also says the property owner is eligible for Early Removal if they certify the tenant cited by SLOPD moves out, which is not how the program was intended when adopted by the City Council in 2010. 3.Property owners face the same escalating fines as tenants, creating a strong financial incentive for the property owner to reset enforcement. 4.Noise citation fine amounts have not been updated since 2005. These conditions have rendered the City’s graduated noise-enforcement framework ineffective in neighborhoods affected by fraternity activity. The “Early Removal Program” allows unpermitted fraternity properties to clear their citation history to eliminate escalating fines Council History and Legislative Intent (2009–2010) A. 2009 Council Study Session: Purpose of Early Removal Program At the September 29, 2009, City Council study session, staff presented strategies to address chronic noise and party disturbances, including those associated with fraternities and student housing. Among the recommendations was the creation of a process allowing early removal from the Police Department “premised” list upon proof of complete tenant turnover. The stated purpose of this proposal was to prevent innocent new tenants from inheriting enforcement consequences caused by prior occupants and to address fairness concerns when a residence experienced a genuine change in household. The proposal presumed that tenant turnover would be accompanied by a material change in behavior, not merely a change in individuals occupying the same high -impact use, such as a fraternity that continues to operate and hold fraternity parties and events. B. 2010 Council Action: Adoption of a Graduated Enforcement Framework In January 2010, City Council amended San Luis Obispo Municipal Code Chapter 9.12, adopting a comprehensive enforcement framework that included: •Disturbance Advisement Cards (DACs) as a limited, warning-only tool •The Residence No Warning List where a property is considered “premised” •Graduated administrative citations within a defined lookback period of nine months •Direct financial accountability for property owners •A limited early removal mechanism upon complete tenant turnover The clear intent was to reduce repeated warnings, escalate consequences for chronic nuisance behavior, and shift responsibility to property owners who enable repeated disturbances. Early removal did not apply to permitted fraternities, which are “premised”. Fraternities are not eligible for Early Removal, therefore documented properties operating illegally as a fraternity should be subject to same policy as other fraternities. 9 III. How Graduated Noise Enforcement Is Intended to Operate Under the adopted framework, repeat noise violations within the nine-month lookback period escalate as follows: 1.First contact – Disturbance Advisement Card (DAC), no fine 2.Second contact – $350 administrative citation 3.Third contact – $700 administrative citation 4.Fourth and subsequent contacts – $1,000 administrative citation Fraternity houses frequently accrue multiple noise violations within a single academic year due to ongoing noisy events and fraternity parties. IV. Property Owners Receive the Same Escalating Fines as Tenants A key feature of the 2010 reforms is that property owners are cited and fined at the same graduated levels as tenants once a property is on the No Warning List. As a result: •A single event at a fraternity house can generate the same fines to tenants and property owners. •Multiple events can result in thousands of dollars in penalties to property owners for citation fines. •Property owners have a strong financial incentive to prevent escalation because it is expensive! The Early Removal process, as currently applied, provides a mechanism for property owners of fraternity properties to exploit Early Removal to reduce the financial consequences of ongoing fraternity properties that are operating illegally in the residential neighborhoods. V. Abuse of the Early Removal Process at Fraternity Properties Fraternity houses are treated differently than residential rentals: •The organizational occupant remains the same •The use and impacts do not change •Disturbances recur year after year Despite this, property owners where the City has documented illegal fraternity operations routinely obtain early removal by claiming tenant turnover, resulting in: •Removal from the No Warning List and response from SLOPD for noise complaints •Restoration of eligibility for DAC issuance •Restart of the graduated fine structure from expensive fines to zero This allows accountability to disappear. The owners of rental homes where fraternities are operating illegally in neighborhoods have already received Notices from Code Enforcement indicating that the property is operating illegally as a fraternity. They have also received notificati on of DAC issuance and noise citations. They know their rental properties are disturbing the neighbors. One frustrating aspect of the way the current system is operating is that many of the property owners live in lavish homes in quiet neighborhoods outside of San Luis Obispo or California and do not suffer the consequences of the non-stop nuisance experienced by the neighbors of their fraternity properties. It’s unnerving that these property investors can exploit the Early Removal Program to wipe away the financial consequences while profiting from the fraternities who continue to operate illegally in the neighborhoods and make life miserable for those who live near them. Financial consequences are a necessary component of effective enforcement for property investors who are operating their rentals illegally as fraternities in residential neighborhoods. 10 VI. SLOPD Letter Language Enables Enforcement Resets Notices to property owners issued by SLOPD explicitly advise property owners that they may request early removal if cited individuals move out before the lookback period ends and provide a direct link to the Early Removal application. The letters frame early removal as a routine option, do not distinguish continuous nuisance uses from ordinary rentals, and e ncourage enforcement avoidance rather than compliance. Notably, these property owners have already received Notices of Violation from Code Enforcement for illegal fraternity operations at their properties. This standardized language institutionalizes a loophole that undermines enforcement and the intent of the Early Removal Program. Some property owners - where illegal fraternity operations are documented by Code Enforcement - use Early Removal to reset their noise citation history nearly every academic year. This is allowed and encouraged by SLOPD even though the properties are documented fraternity houses. An edited version of the letter with the standard wording by SLOPD that references the Early Removal Application is shown below: VII. Noise Citation Fine Amounts Have Not Been Updated Since 2005 The graduated fine amounts - $350, $700, and $1,000 - were adopted in May 2005 and have not been adjusted in over 20 years. During that same period, permit fees, planning and building fee, utility charges, and other City service costs have increased substantially. Noise f ines no longer reflect the true cost of enforcement, deterrent value has eroded, and fines are increasingly treated as a manageable cost of doing business. The City Council should consider bringing citation fines in line with inflation or CPI since fines were determined in 2005. 11 In early November 2024, I sent to the City Council a list of noisy party calls (during a weekend) to SLOPD that were held at addresses previously documented as fraternity operations. That correspondence was included in City records prepared by John Mezzapesa in a public records request by The Tribune reporter, Sadie Dittenber. This is page 22 of 101 provided in that public records request. (https://opengov.slocity.org/WebLink/PDF10/2272d807- b61f-44db-ad3a-136a3571ca09/205575) There are notes in green text made by Code Enforcement under some of the addresses that say, “No social media posts or other proof event was fraternity sponsored”. But many of the events listed in the weekend report are confirmed to be fraternity- sponsored events on the corresponding fraternity’s AB 524 reports on the date/time listed in the weekend report of noise calls to SLOPD. •It is not clear how the City determines if a fraternity event happened. Do they ask Cal Poly if fraternity events were registered at the addresses so the events could be verified? •Each of these addresses were previously documented as holding fraternity-related events per Cal Poly’s initial AB 524 report in 2023 for events in the 2022-2023 academic year. •The City could legally require Cal Poly to disclose the addresses where fraternity-related events are held in the neighborhoods by seeking judicial relief. o Cal Poly failed to provide the addresses even though the City asked for them. o The remedy for the City to compel Cal Poly to provide the addresses is through the Court. It is highly likely that judge would order Cal Poly to disclose the addresses because that information is not covered by an exemption per the CA Public Records Act. It is a public policy issue. o Failure to obtain the addresses is extremely detrimental to the residents of the City. The ongoing fraternity events are a public nuisance. •Cal Poly was required to publish a report on or before 10/1/2025 that listed registered events at each fraternity for the previous academic year 2024-2025. •A review of the AB 524 report published by Cal Poly for the 2024-2025 academic year shows many fraternity events on the same date and time as noise complaints in the SLOPD dispatch log. (See the following pages.) 12 “Weekend Report” (above) sent to City Council with noise complaints for addresses previously documented to be fraternities. Those in bold are the main chapter houses. The following pages list individual addresses on separate pages which are shown in the two separate weekly reports provided to the City Council. The events are also listed in the AB 524 report by the corresponding fraternity on the same dates and times listed on this page (weekend of 11/14- 11/16/2024) and the previous page (weekend of 10/31- 11/2/2024) taken from SLOPD dispatch logs. While the City noted “No social media posts or other proof event was fraternity sponsored” after I submitted the report to you, Cal Poly’s AB 524 reports later verified that many of the events were fraternity parties sanctioned by Cal Poly. There are 18 fraternities that each hold 30+ fraternity- events annually. Most events are illegally held in the residential neighborhoods that continue to make the living in the neighborhoods very difficult for those who live near them. Another “weekend report” provided to City Council in late 2024 for noise complaints on a weekend for parties at addresses that were already documented by to be operating as fraternity houses is shown on the left. The report was meant to illustrate the ongoing impact to City resources every weekend that Cal Poly is in session, and the adverse impacts to the livability in the neighborhoods which affects the health, safety, and well-being of those who live and/or work near the fraternity operations. NOTE: Each report included calls for ONE weekend only. This record (page 23 of 101) was included in a public records request from The Tribune reporter, Sadie Dittenber to the City of SLO. 13 “Weekend Report” (above) sent to City Council with noise complaints for addresses previously documented to be fraternities. Those in bold are the main chapter houses. 2090 Hays, Sigma Phi Epsilon (Main Chapter House, R-1) •2090 Hays identified as illegal fraternity operation in R1 zone, Notice of Violation sent to property owner on 6/18/2024. •Noise complaint for “loud music” to SLOPD at 2090 Hays on 11/1/2024 at 9:11 PM, cleared by SNAP student as “Negative Violation” •Noise complaint for “loud music” to SLOPD at 2090 Hays on 11/1/2024 at 10:54 PM, cleared by SNAP student as “Negative Violati on” •Cal Poly AB 524 Report shows Sigma Phi Epsilon held fraternity-related event on 11/1/2024 from 8 PM to midnight (the report erroneously says 2025) SNAP CAL POLY’S AB 524 REPORT for SIGMA PHI EPSILON (2024-2025 Academic Year) This should have been a Land Use violation. According to noise complaints from neighbors, it was also likely a noise violation as the party is confirmed through Cal Poly’s AB 524 report. Sigma Phi Epsilon does not have a Conditional Use Permit for any fraternity operation in San Luis Obispo. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of loud music at the fraternity house. SNAP students were dispatched by SLOPD twice and cleared both of the noise complaints as “Negative Violation”.14 P1 = SNAP 1304 Foothill Blvd, Sigma Nu (Main Chapter House, R-4, CUP with occupancy and noise conditions) •Noise complaint to SLOPD for “loud people and music” at 1304 Foothill on 11/1/2024 at 9:52 PM, Citation issued, cleared at 10:42 PM •Second noise complaint for “loud people and music” at 1304 Foothill on 11/1/2024 at 10:47 (5 minutes after party was cleared), SNAP dispatched •Cal Poly AB 524 Report shows Sigma Nu held fraternity-related event on 11/1/2024 from 8 PM to 11 PM •The CUP prohibits gatherings of this size and amplified noise. It’s unclear why SNAP students were dispatched to the second call at 10:47 PM, only five minutes after the party was cleared by SLOPD at 10:42 PM It is common for a large fraternity party to continue after SLOPD issues a warning or citation and leaves the location. This was mentioned in a grand jury complaint because we have repeatedly observed SLOPD leave a fraternity party in full swing, after they have issued a warning or citation. During such an occurrence on 11/11/2023, Officer Bravo and Officer Keller allowed a fraternity party to continue at 281 Hathway Ave after they cited it. They acknowledged it was continuing to violate the noise ordinance but told me that SLOPD’s policy is that the repo rting party must call SLOPD a second time to have a second response even though the party was continuing to be a noise violation, as they were standing next to me 100 feet away from the party/noise violation in real time. I asked why they didn’t shut down the party, which was an ongoing noise violation right then, and Officers Bravo and Keller told me I had to call SLOPD again to build a separate call in the system because “that’s how they want us to do it.” The incident was documented. The citation on 11/1/2024 should have been a violation of the CUP condition with 100 people at the party, exceeding the limit s outlined in the CUP. 15 CAL POLY’S AB 524 REPORT for SIGMA NU (2024-2025 Academic Year) Delta Upsilon has continued to hold fraternity events at 281 Albert Drive including a concert with a band from Shabang 2025, with 300+ people in the backyard. The event was reported to Code Enforcement and dismissed as “unfounded” despite a video of the event on Delta Upsilon’s own Instagram page! SLOPD issued a noise citation for the event. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were no consequences for this land violation at the fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. This should have been a Land Use violation. 281 Albert Drive, Delta Upsilon (Most Utilized “Satellite” Fraternity House, R-1) •281 Albert Drive was identified as a fraternity throughout Cal Poly’s AB 524 report published 10/1/2023 and shown on the blue spread sheet, below left. •City Code Enforcement mistakenly overlooked this address when it issued Notices of Violation to property owners based on the AB 524 report. •Noise complaint for “loud party at location” to SLOPD at 281 Albert on 11/1/2024 at 10:24 PM, Citation issued to Wyatt LaLonde •Wyatt LaLone is a member of Delta Upsilon, was listed as Rush Chair on DU’s Instagram and throughout other social media •Cal Poly AB 524 Report shows Delta Upsilon held fraternity-related event on 11/1/2024 from 9 PM to 1 AM 16 CAL POLY’S AB 524 REPORT for DELTA UPSILON (2024-2025 Academic Year)CAL POLY’S AB 524 REPORT for DELTA UPSILON (2022-2023 Academic Year) This is the Main Chapter House for Alpha Sigma Phi, in an R-1 zone, and has had continual, ongoing fraternity events at this address for several years. Alpha Sigma Phi does not have a CUP to operate anywhere in San Luis Obispo. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. This should have been a Land Use violation. 1218/1220 Bond, Alpha Sigma Phi (Main Chapter Fraternity House, R-1) •1218/1220 Bond was identified as illegal fraternity operation and a Notice of Violation was sent to property owner on March 5 , 2024. •Noise complaint for “loud party” to SLOPD at 1218 Bond on 11/1/2024 at 10:54 PM, Cleared as Negative Violation •Cal Poly AB 524 Report shows Alpha Sigma Phi held fraternity-related event on 11/1/2024 from 9 PM to 1 AM 17 CAL POLY’S AB 524 REPORT for DELTA UPSILON (2024-2025 Academic Year) Theta Chi does not have a CUP to operate anywhere, and the events listed on the AB 524 report are held at various rental homes in the neighborhoods in San Luis Obispo. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud pa rty at the fraternity house. Theta Chi has continued to hold fraternity events at 1820 Hope, advertised on their social media page. This should have been a Land Use violation. 1820 Hope St, Theta Chi (Main Chapter House* 2024-2025 academic year, R-1) *Theta Chi’s current Main House is 250 Grand & 1844 McCollum w/shared backyard •1820 Hope was identified as illegal fraternity operation in an R-1 zone and a Notice of Violation sent to property owner on 6/18/2024. •Noise complaint for “loud party” to SLOPD at 1820 Hope on 11/2/2024 at 9:40 PM, SLOPD dispatched SNAP student, DAC issued to Daniel Banks. •Daniel Banks is a member of Theta Chi per Theta Chi’s social media and Daniel Banks’ LinkedIn profile •Cal Poly AB 524 Report shows Delta Upsilon held fraternity-related event on 11/2/2024 from 9 PM to 11 PM SNAP 18 CAL POLY’S AB 524 REPORT for THETA CHI (2024-2025 Academic Year) 1684 Mill Street, Delta Sigma Phi (Main Chapter House, R-2) Fraternity has moved to 244 California Blvd for 2025-2026 academic year •1684 Mill was reported to Code Enforcement, but complaints were dismissed as “unfounded” even though Delta Sigma Phi advertis ed rush events at 1684 Mill Street. There are two addresses on the APN: 1684 and 1688 Mill Street and the fraternity operated from both addresses. •Noise complaint for “loud music and people” to SLOPD at 1684 Mill on 11/2/2024 at 11:28 PM •Unfortunately, SLOPD allowed the fraternity to register the party therefore SLOPD was not dispatched. Instead, the dispatcher called the fraternity members to tell them they had received a complaint and had 20 minutes to quiet down. •Cal Poly AB 524 Report shows Delta Sigma Phi held fraternity-related event on 11/2/2024 from 9 PM to 1 AM Nearly every event listed on Delta Sigma Phi’s AB 524 report was held at 1684/1688 Mill Street and the neighborhood had to en dure continual fraternity parties throughout the year. The fraternity has now moved to 244 California. It is not clear whether the CUP is valid because it should have been revoked in 2015 when Delta Sigma Phi became disaffiliated from Cal Poly after arrests by SLOPD for drug dealing and armed robbery at the fraternity house at 244 California. City regulations mandate CUP “shall” be revoked when fraternity becomes disaffiliated from Cal Poly. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. This should have been a Land Use violation. SNAP 19 Fraternity events posted on Delta Sigma Phi’s Instagram September 2024. Complaint filed with Code Enforcement Code Enforcement did not go to the events at date/time listed complaint and dismissed complaint as “unfounded”. Delta Sigma Phi allowed to register parties through SLOPD to avoid noise citations. CAL POLY’S AB 524 REPORT for DELTA SIGMA PHI (2024-2025 Academic Year) 1684 Mill Street, Delta Sigma Phi (Main Chapter House, R-2) Fraternity has moved to 244 California Blvd for 2025-2026 academic year •Noise complaint for “loud bass music” to SLOPD on 11/2/2024 at 8:22 PM, • SNAP dispatched and Disturbance Advisement Card (DAC) issued • Adrian Revuelta is a member of Delta Sigma Phi •Cal Poly AB 524 Report shows Delta Sigma Phi held fraternity-related event on 11/14/2024 from 7 PM to 9 PM Delta Sigma Phi held most of its events at 1684/1688 Mill Street. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held the ongoing illegal fraternity operations accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. This should have been a Land Use violation.20 CAL POLY’S AB 524 REPORT for DELTA SIGMA PHI (2024-2025 Academic Year) SNAP 1646 Fredericks, Zeta Beta Tau (Fraternity House, R-1) •1646 Fredericks was previously issued a Notice of Violation for illegal fraternity operations yet has continued to hold fraternity-related events. •1646 Fredericks was not flagged by SLOPD as a fraternity despite NOV, identifying address as a fraternity by Code Enforcement. Fraternity = address should be “premised” so officers dispatched for noise complaints instead of SNAP students. •Noise complaint for “loud party at location” to SLOPD on 11/14/2024 at 9:12 PM, SNAP dispatched and Disturbance Advisement Card (DAC) issued. • Grant Zell is member of Zeta Beta Tau and attends Cal Poly but told SNAP he did not attend any school per the SLOPD dispatch log notes. •Cal Poly AB 524 Report shows Zeta Beta Tau held fraternity-related event on 11/14/2024 from 8 PM to 9 PM. (One-hour events listed on AB 524 reports in the evening are generally sorority “exchanges” and extend beyond one hour.) Zeta Beta Tau has held enormous fraternity events at 1646 Fredericks, zoned R1, including its “Z B Tahiti” dayge with hundreds of people in May. It still operates at this location today. Zeta Beta Tau does not have a CUP for any fraternity operations within the city of San Luis Obispo. The parties listed on its AB 524 report were likely held illegally in residential neighborhoods in the City. This should have been a Land Use violation. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. SNAP 21 CAL POLY’S AB 524 REPORT for DELTA SIGMA PHI (2024-2025 Academic Year) 1525 Slack St, Sigma Pi (Main Chapter Fraternity House, R-1) •1525 Slack was previously issued a Notice of Violation for illegal fraternity operations yet has continued to hold fraternity -related events. •Code Enforcement did not date the Notice of Violation sent to the property owner. It was sent between March and June 2024. •Noise complaint for “loud party at location” to SLOPD on 11/14/2024 at 9:14 PM, cleared as Negative Violation at 10:04 PM. Ar rived 45 mins after call. •Cal Poly AB 524 Report shows Sigma Pi held fraternity-related event on 11/14/2024 from 8 PM to 9 PM. (1-hour events in the evening are generally sorority “exchanges” and extend beyond one hour.) 1525 Slack, zoned R1, has been the Main Chapter House for Sigma Pi for several years and regularly holds fraternity events there, including to the current date. Sigma Pi does not have a Conditional Use Permit for operations within San Luis Obispo. This should have been a Land Use violation. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the frater nity house. 22 CAL POLY’S AB 524 REPORT for SIGMA PI (2024-2025 Academic Year) 299 Albert, Alpha Sigma Phi (Fraternity House, R-1) •299 Albert was previously issued a Notice of Violation for illegal fraternity operations yet has continued to hold fraternity -related events. •Noise complaint for “loud party at location” to SLOPD on 11/14/2024 at 9:40 PM, SLOPD dispatched SNAP students. •Disturbance Advisement Card (DAC) issued to Tyler Samon. •Tyler Samon is a member of Alpha Sigma Phi according to the fraternity’s social media postings. •Cal Poly AB 524 Report shows Alpha Sigma Phi held fraternity-related event on 11/14/2024 from 8 PM to 9 PM. (1-hour events in the evening are generally sorority “exchanges” and extend beyond one hour.) 299 Albert, zoned R1, has been the most utilized “satellite” fraternity house for Alpha Sigma Phi for several years and regularly holds fraternity events there. (Its Main Chapter House is at 1218/1220 Bond, also zoned R1.) The fraternity does not have a CUP and the events listed on its AB 524 report were likely held illegally at rental homes in San Luis Obispo neighborhoods. This should have been a Land Use violation. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. SNAP 23 CAL POLY’S AB 524 REPORT for ALPHA SIGMA PHI (2024-2025 Academic Year) 720 Foothill, Delta Upsilon (Main Chapter Fraternity House, R-4) •720 Foothill was the Main Chapter House for Delta Upsilon fraternity. Its CUP was revoked by the Planning Commission in 2025**. •Noise complaint for “frat house” to SLOPD on 11/15/2024 at 10 PM, cleared by Ofc. Brewer as a Negative Violation •Cal Poly AB 524 Report shows Delta Upsilon held fraternity-related event on 11/15/2024 from 8 PM to 11 PM **Delta Upsilon’s CUP was revoked by the Planning Commission in 2025 during re-review hearing, which was brought because Delta Upsilon received ongoing noise complaints and noise citations from SLOPD. There was written and oral testimony at the hearing from multiple people who live near the fraternity, including a property manager representing over 20 tenants, explaining the extremely adverse impact of the fra ternity operations which did not allow them to sleep, study, rest, or have the quiet enjoyment of their property. Half of the tenants were college students, according to the property manager. The Planning Commissioners emphasized that a fraternity house is not compatible with residential areas and the solution is fo r Cal Poly to have a Greek Row on campus to take responsibility for its fraternities. 24 CAL POLY’S AB 524 REPORT for DELTA UPSILON (2024-2025 Academic Year) 385 Chaplin Ln, Sigma Nu (Fraternity House, R-1) (formerly Phi Gamma Delta or FIJI during 2023-2024 academic year, became Sigma Nu in 2024-2025 academic year) •385 Chaplin Ln was previously issued a Notice for illegally operating as a fraternity. The Notice was lost by the City but co nfirmed sent. •Noise complaint for “loud music/bass and people” to SLOPD on 11/15/2024 at 10:23 PM, Citation issued to Mason Prevost. •Mason Prevost is a member of Sigma Nu according to the fraternity’s social media postings. •Cal Poly AB 524 Report shows Sigma Nu held fraternity-related event on 11/15/2024 from 7 PM to 8 PM (1-hour events in the evening listed on the AB 524 reports are generally sorority “exchanges” and extend beyond one hour.) 385 Chaplin Ln, zoned R1, was listed Phi Gamma Delta’s AB 524 report on 10/1/2023 and the property owner was sent a Notice. In Fall 2024, Sigma Nu held rush events at 385 Chaplin and was cited by Code Enforcement. The fraternity continued to operate at 385 Chaplin Ln. This should have been a Land Use violation. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. 25 CAL POLY’S AB 524 REPORT for SIGMA NU (2024-2025 Academic Year) 1229 Fredericks, Phi Gamma Delta - FIJI (Main Chapter Fraternity House, R-2) •1229 Fredericks was previously issued a Notice of Violation for illegally operating as a fraternity on March 5, 2024. •Noise complaint for “loud party” to SLOPD on 11/15/2024 at 10:58 PM, SLOPD dispatched SNAP students, Cleared as Negative Violation. •Cal Poly AB 524 Report shows Phi Gamma Delta held fraternity-related event on 11/15/2024 from 8 PM to 9 PM. (1-hour events in the evening are generally sorority “exchanges” and extend beyond one hour.) 1229 Fredericks, zoned R2, is the Main Chapter House for Phi Gamma Delta. Many events are held at this address throughout the year. It continues to operate as a fraternity and holds many fraternity events at the property. This should have been a Land Use violation. Because Cal Poly has refused to release the addresses of its fraternities, and the City has not held them accountable, there were zero consequences for this fraternity party, despite noise disturbances and calls from neighbors to SLOPD complaining of a loud party at the fraternity house. SNAP 26 CAL POLY’S AB 524 REPORT for PHI GAMMA DELTA aka FIJI (2024-2025 Academic Year) 1229 Fredericks, Phi Gamma Delta - FIJI (Main Chapter Fraternity House, R-2) •Noise complaint for “loud music & carwash” to SLOPD on 11/16/2024 at 12:58 PM, SLOPD Cleared as Negative Violation. •Another Noise complaint for “car wash and loud music” to SLOPD on 11/16/2024 at 1:30 PM, Cleared as Negative Violation. •Cal Poly AB 524 Report shows Phi Gamma Delta held fraternity-related event on 11/16/2024 from 8 PM to 1 AM (later that night) but this event from 12 PM – 4 PM was advertised on social media (see ad below) in Hathway Alley behind the fraternity house at 1229 Fredericks Street. 1229 Fredericks, zoned R2, is the Main Chapter House for Phi Gamma Delta. The property backs up to Hathway Alley (in the 400 block of Hathway Alley) This should have been a Land Use violation. 27 CAL POLY’S AB 524 REPORT for PHI GAMMA DELTA aka FIJI (2024-2025 Academic Year) The previous events listed account for only two weekends in a year. There are multiple disruptive fraternity events nearly every weekend that Cal Poly is in session. Cal Poly is transitioning to year-round classes so there will be no respite from the disruptions during the summer break starting this summer, 2026. The reason that the problem is unique to San Luis Obispo: • Cal Poly has more fraternity members than any other CSU, including larger cities and universities with more students such as UC San Diego. The number of members at each CSU are reported in the annual AB 524 reports for each university in California. •Cal Poly does not have a Greek Row, so the City bears the burden of the fraternity operations. City neighborhoods are the de facto Greek Row. •The City has not enforced zoning and municipal laws to stop illegal fraternity operations. (This is covered in more detail in this report.) •The City has not held Cal Poly accountable to provide the fraternity addresses where fraternity events are held in the residential neighborhoods. This is the most important issue to enable enforcement and implement the mandatory duties to protect the neighborhoods, outlined in the City’s General Plan. Cal Poly has eliminated a Greek Village from its Master Plan. The City has not pushed back against this even though it is outlined in the General Plan. 20% of Cal Poly students are involved in Greek life, the highest of any other CSU in California. As Cal Poly increases enroll ment, fraternity membership will continue to grow. Currently, Cal Poly has 18 fraternities and in Fall 2026 there will be 20 fraternities with the addition of PIKE and Alpha Gamma Rho. Sororities are prohibited by National Panhellenic rules to host parties with alcohol therefore sorority members go to fratern ity houses to party, making fraternity houses the central party hubs in the neighborhoods. Code Enforcement must have a qualified Code Enforcement Officer I/II to handle fraternity violations. The City’s own document ation shows a Code Enforcement Tech is not qualified to handle land use and zoning issues. This was stated by Code Enforcement leadership staff during a Council study session on 10/3/2023. The City must legally compel Cal Poly to produce the addresses of fraternity events in the City of SLO. Obtaining addresses and citing property owners is the only way to protect the neighborhoods from the ongoing public nuisance of fraternity events, including loud par ties, noisy crowds going to and coming from parties, increased traffic including rideshare drivers parking blocking traffic, intoxicated people trespa ssing on properties, etc. Property owners responsible for illegal fraternity operations at their rental properties should be held responsible through a fine structure that makes it more expensive to allow the fraternity to operate than the money the property owner is gaining from rental income. The small fines from Code Enforcement are meaningless. This is another key issue to enable meaningful enforcement, in addition to obtaining the address es where fraternities are operating in the neighborhood. 28 Case Study (6 pages): 12 Hathway Ave, Lambda Chi Alpha Fraternity Zoned R-1, single-family residential Operating illegally as a fraternity since at least Fall 2021 Feb 20, 2024 FALL RUSH 2023 Cal Poly AB 524 Report with addresses of events (2022-2023): FALL RUSH 2024 29 Timeline of enforcement by the City for 12 Hathway Ave: Spring 2024: “Courtesy” Notice of Violation sent to property owner of 12 Hathway in spring 2024 based on Cal Poly’s AB 524 report publis hed on 10/1/2023, listing address as holding fraternity events during the 2022-2023 academic year. The Notice was not dated. Case Closed by Code Enforcement. Lambda Chi Alpha continued to hold fraternity events and parties at 12 Hathway, through the current time (2026). March 7, 2024: SLOPD dispatches SNAP to 12 Hathway for a noisy party at 11:18 PM. DAC issued to Aiden Najah, a member of Lambda Chi Alpha, who self- reported 25 people at the party. Cal Poly’s AB 524 report for 2023-2024 academic year lists an event on March 7, 2024, for Lambda Chi Alpha. There was no coordination with Code Enforcement, who already documented this address as an illegal fraternity. SNAP students were dispatched by SLOPD. The party was at the documented illegal fraternity address was not sent to Code Enforcement by SLOPD for a Land Use Violation. No action was taken by Code Enforcement. Lambda Chi Alpha continued to operate at 12 Hathway Ave. Notice not dated by City but was sent appx March 2024 P1= SNAP 30 Timeline of enforcement for 12 Hathway Ave (continued): April 26, 2024: Noise complaint at 9:19 PM for “loud music” at 12 Hathway called into SLOPD dispatch. SNAP dispatched first (Unit: “P1”) then SLOPD officer arrived at 9:41 PM and issued a noise citation to Thomas Symer, the president of Lambda Chi Alpha. Mr. Symer self -reported to SLOPD that there were 20 people at the party. Cal Poly’s AB 524 report for 2023-2024 academic year lists an event on 4/26/2024 for Lambda Chi Alpha. January 10,2025: Noise complaint at 10:22 PM for “loud music and yelling” at 12 Hathway to SLOPD dispatch. SNAP dispatched by SLOPD*; SNAP cleared as Negative Violation. *A Citation was issued on 4/26/2024, therefore12 Hathway was “premised” for 9 months, until 1/26/2025. SLOPD should have dispatched a sworn officer and not SNAP on 1/10/2025. January 18, 2025: Lambda Chi Alpha held a fraternity rush event at 12 Hathway Ave. Code Enforcement Case opened for land use violation. P1= SNAP P1= SNAP 31 Timeline of enforcement for 12 Hathway Ave (continued): January 27, 2025: Another “Courtesy” Notice sent to property owner of 12 Hathway. Code Case Activity Report also shows meeting with the tenants and fraternity members on 1/27/2025. Code Enforcement Tech Rami Salem wrote that he exchanged information with fraternity members and explained the process of holding a fraternity events and why it is a land use violation. The fraternity has been told multiple times that it is not legal to hold fraternity events in R-1 and R-2 neighborhoods but continue to hold fraternity parties. July 3, 2025: Code Enforcement closes Code Case, stating “I have not been able to observe unsanctioned fraternal activity in more than 30 days.” However, there were additional fraternity events at 12 Hathway between 1/27/2025, when case was opened, and 7/3/2025, when case was closed (on following page) which are not noted on the Code Case file. 32 Timeline of enforcement for 12 Hathway Ave (continued): May 24, 2025: Noise complaint at 2:44 PM for “loud party” at 12 Hathway called into SLOPD dispatch. This was a “dayge” (daytime-rager) which usually have hundreds of people, inflatable waterslides, DJs, smoke machines, etc. Fraternities generally hold these dayge events at the end of the school year. SLOPD issued a citation to 12 Hathway, but the dispatch log did not list the person cited for the number of people reported at the party. The RQN Chair followed up with SLOPD staff Christine Wallace for that information. Ms. Wallace indicated there were 200 people at the party and Ryan Brown was cited. Ryan Brown is a member of Lambda Chi Alpha. May 28, 2025: Complaint filed via AskSLO (request #11962) for the illegal fraternity party at 12 Hathway on 5/24/2025, June 10. 2025: Complaint for illegal fraternity event at 12 Hathway on 5/24/2025 closed as “Unfounded”. September 28, 2025: Cal Poly published its AB 524 Report that list fraternity events for the previous academic year (2024-2025.) Lambda Chi Alpha’s event is listed on 5/24/2025 between noon and 4 PM, the exact timeframe that a noise complaint was made to SLOPD for a loud party at 12 Hathway (2:44 PM) and a Citation was issued at 3 PM by SLOPD for a 200-person dayge at the 12 Hathway. There were no consequences for the illegal party, the fraternity members lying to a public official and denying that the event was a fraternity event, and ongoing fraternity operations continue at 12 Hathway Avenue. 33 Timeline of enforcement for 12 Hathway Ave (continued): current academic year (2025-2026) September 12, 2025: Noise complaint at 10:34 PM for “loud people and music” at 12 Hathway called into SLOPD dispatch. SLOPD issued a Citation with 100+ people. Information about party at documented fraternity house was not communicated to Code Enforcement by SLOPD. Code E nforcement did not investigate the land use violation. September 27, 2025: Fraternity rush event held at 12 Hathway Avenue, witnessed by Code Enforcement Supervisor John Mezzapesa. Case opened on 10/1/2025. Code Case Activity Report received through public records request on December 11, 2025, and there are no updated notes for any activity, such as Notices of Violation to property owner. October 3, 2025*: Noise complaint at 12:20 AM for “loud subjects and music inside and outside” at 12 Hathway to SLOPD dispatch. Cleared as Negative Violation. *October 2, 2025, was the second weekend of fraternity rush. 34 It is clear that Lambda Chi Alpha has operated a fraternity at 12 Hathway Ave, zoned R-1, and continues to operate a fraternity at 12 Hathway, despite multiple Notices of Violation to the property owner and the fraternity members, and conversations from Code Enforcement with the fraternity members. It is also evident the property owner/investor does not care about the illegal use (or the neighbors) as fraternity events have been allowed to continue despite the repeated warnings. It also appears the fraternity members do not care about the City’s laws because they continue to hold events even though they know it is not legal. They also have lied to City officials when confronted with an event, such as the dayge with hundreds of people on 5/24/2025, falsely claiming it was not “fraternity related”. The event was listed in Lambda Chi Alpha’s AB 524 report at the exact date and time it was cited by SLOPD. This is only one example of dozens of properties that are doing the same thing: Ignoring Notices from Code Enforcement, presentations at Cal Poly by Code Enforcement staff at mandatory rush recruitment events, and conversations with fraternity members after complaints are f iled with the City. The neighborhoods where Cal Poly’s fraternities are operating have made it impossible for residents in the neighborhoods to have the peaceful enjoyment of their property. This is consistent with the Grand Jury’s findings after its investigation and publication of its report Round & Round with Town & Gown. The San Luis Obispo County Grand Jury investigated the issue through the latter part of 2024 and 2025, primarily interviewing City staff during its investigation. The Grand Jury concluded that the City failed to effectively enforce municipal codes prohibiting fraternity and sorority activity in residential zones and that the resulting conditions rendered affected neighborhoods “almost unlivable for most residents.” The Grand Jury ’s findings were not based on isolated incidents, but on a pattern of non-enforcement that had persisted despite years of notice and documentation. In response to an internal email related to public records request from The Tribune reporter, Sadie Dittenber, for records regarding fraternities from January 2022 to November 2024, Christine Wallace, stated SLOPD had “boatloads” of noise and unruly gathering citations issued to fraternities including lettered houses and known satellite houses. A portion of those letters sent by Ms. Wallace to property owners were provided to me per a public records request and consist of 413 pages. The following two pages outline the same pattern with a different property at 1684/1688 Mill Street, where Delta Sigma Phi operated as a fraternity in an R-2 zone for the past two years. It recently moved to an R-4 zone at 244 California Blvd which does not have a valid CUP. Again, the examples shown illustrate the ongoing problem of: • no coordination between Code Enforcement and SLOPD, to flag documented properties that are operating illegally as fraternitie s when noise complaints are received, •no follow-up from SLOPD to Code Enforcement regarding the ongoing complaints and response to these addresses, and •the continuing disturbances in residential neighborhoods without intervention from the City to protect the neighborhoods from the intrusive noise and fraternity activities.35 Fraternity (Delta Sigma Phi) at 1684/1688 Mill Street, R2 zone: Code Enforcement Tech II, Rami Salem, opened a case on 11/20/2024. The address cited is 1688 Mill St, although there are two addresses for the residence on this parcel which is not noted on the record. It would be helpful to flag both addresses (1684 & 1688) since the fraternity occupied the property. Under “Comments”: Tenant admitted the house is a fraternity for Delta Sigma Phi. There are no other entries under the “Activity Type” column on the Code Case Activity Report, such as the issuance of a Notice of Violation, although a Notice of Violation was issued. (See Item (A), right) A Courtesy Notice of Violation was sent to the property owner on November 21, 2024, but this is not indicated in the Code Case Activity Report. (See Item (B), right) The NOV includes the following Corrective Action: “1. Stop all fraternal gatherings, meetings, or activities at this property…” Code Enforcement Tech closed the case on 12/17/2024, according to the “Closed Date” in the upper right had corner of the Code Case Activity Report (Item (A)). There is no other entries under the “Activity Type” column. Delta Sigma Phi Continued to hold loud parties at 1684/1688 Mill Street according to SLOPD complaints for loud parties at the address and posts made on the fraternity’s social media pages. (See item (C), right). A complaint was submitted for event on 4/17/2025 and closed by Code Enforcement Tech as “Unfounded”. The event was listed on Delta Sigma Phi’s AB 524 report. The address was never flagged in SLOPD’s database as operating as a fraternity. Per City policy, fraternities are considered “premised” and are always on the no-warning list. (B) (C) SEE NEXT PAGE FOR SLOPD CALLS & AB 524 REPORT (A) Your request # 11954 has been resolved with the resolution: Unfounded. This is in reference to the Problem on Land Use Violation you submitted on 05/28/2025 12:34 PM Location: 1688 Mill Street Description: Fraternity-related event at illegal fraternity house for Delta Sigma Phi at 1688/1684 Mill St. on 4/17/2025. THIS EVENT WAS LIKELY REGISTERED WITH CAL POLY AT LEAST 5 DAYS BEFOREHAND, AS REQUIRED BY CAL POLY IFC’S EVENT REGISTRATION POLICY AND PROCEDURE. CAL POLY STAFF SANCTIONS EVENTS BEFORE THEY OCCUR. The party was cited by SLOPD on 4/17/2025 at appx 9 PM. The citation was issued to OLIVER TOSTADO, and he is a Fraternity member of Delta Sigma Phi. 1684/1688 Mill has a significant noise history with SLOPD since it started operating as an illegal fraternity in 2023. Delta Sigma Phi has advertised rush events at 1684/`688 Mill and posted photos of those events on Instagram. (D) 36 11/02/2024 not shown on SLOPD Dispatch Log because party was “registered” through SLOPD’s Party Registration Program, so SLOPD was not dispatched. Fraternities are not eligible for party registration. Rush Rush Rush Rush Rush Rush Rush Rush Rush Rush “Registered” Code Enforcement cited property as “illegal” fraternity in November 2024, yet Delta Sigma Phi continued to hold fraternity events at the property without City intervention from Code Enforcement. Nearly every fraternity party in 2024-25 year received a noise complaint to SLOPD. This is one of DOZENS of fraternity houses like this, operating illegally in residential neighborhoods, degrading the quality of life for those who live in the City. St. Fratty’s Day at 3:26 AM: SNAP SNAP SNAP SNAP SNAP then CSO SNAP then SLOPD 37 Halloween at 10:43 PM: 1.281 Albert 2.171 Orange 3.1276 Bond 4.348 Hathway 5.1229 Fredericks 6.1908 Loomis 7.2090 Hays 8.124 Stenner 9.501 Kentucky 10.231 Kentucky 11.290 Chaplin 12.1328 Foothill 13.1525 Slack 14.1555 Slack 15.385 Albert 16.700 Grand 17.1820 Hope 18.1844 McCollum 19.250 Grand 20.190 Stenner 21.658 Graves 22.1646 Fredericks 23.1486 Oceanaire 24.1464 Foothill 25.180 California 26.2090 Hays 27.1304 Foothill 28.135 Crandall 29.12 Hathway 30.146 Stenner 31.322 Hathway 32.148 Orange 33.1238 Foothill 34.388 Chaplin 35.720 Foothill 36.244 California 37.1220 Fredericks 38.1621 McCollum 39.1327 Foothill 40.1218 Bond Cal Poly Fraternity Fall Rush, Weekend of September 26, 27 & 28, 2025 •First weekend of Cal Poly’s fraternity rush and last weekend of Cal Poly’s sorority pledging/bidding/initiation. •Code enforcement worked during the weekend to follow up on complaints for events at fraternities operating illegally. •Code enforcement cases were opened for over 40 property addresses on 10/1/2025, with some listed below. Not all cited addresses are listed. •Records received from the City on December 10, 2025, do not show any action taken on 31 of those listed below. Some are shown on the following pages. •The City has previously documented most of these addresses as operating illegally as a fraternity in residential neighborhoods. The property owners have already received “courtesy” Notices of Violation but have continued to operate as fraternities. •Community Development will likely issue a new round of “courtesy” Notices of Violation to many of these addresses, which has been happening for the past three years. •The City can confirm the illegal operations by getting the addresses of registered fraternity and sorority events from Cal Poly but has not taken this step for over a year, since Cal Poly erased the addresses from its AB 524 reports in July 2024. SLO Code Enforcement Supervisor, John Mezzapesa, created a Code Enforcement Record for each of the 40 addresses listed on 10/1/2025. As of 12/10/2025, nearly 3 months later, there was no indication on the Code Case Activity Report that Notices of Violation were sent to the property owners of 31 addresses. Winter fraternity rush events start on 1/16/2026. 38 Code Enforcement Case Records A typical record looks like these examples, below for 250 Grand Avenue 1327 Foothill Blvd on January 29, 2025. •The “Activity Type” column shows each step taken for the case, from inspection to the date the case is closed. •Notices of Violation are usually sent within two weeks of the confirmation of a code violation. •Most of the 40 cases opened on 10/1/2025 do not have any activity listed since the code cases were opened by John Mezzapesa, according to the records received by the City on 12/10/2025 per a public records request. •Fraternities previously operated at the addresses cited and continue to operate. •Winter rush begins January 16, 2026, yet Fall rush events have not yet been addressed yet according to the records sent on 12/10/2025. •Dozens of more rush events followed by more parties will continue at these illegal fraternity locations until the City stops their operation. 39 Code Enforcement Records: Code Cases Opened During First Weekend of Fall Rush 2025 Nearly all code cases opened by Code Enforcement Supervisor John Mezzapesa on 10/1/2025 for illegal events on 9/26 – 9/28/2025 do not show any actions taken under “Activity Type” since Code Case opened on 10/1/2025. Some had two events on the same weekend. •Only the initial Inspection is shown under Activity Type. •Notices of Violation are not documented on the Code Enforcement Records nearly three months since the violations occurred. •The fraternities have continued to operate illegally at these and other locations in the residential neighborhoods. •Winter Rush 2026 for Cal Poly fraternities is January 16-18, 23-25 while some property owners that held illegal fraternity events during Fall rush have not been notified. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000273-2025 Delta Upsilon fraternity fall rush event on 9/27/2025 at 281 Albert Drive – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 281 Albert Drive has previously been issued Courtesy Warning Notices of Violation for illegal fraternity operations at the property. It is the main satellite house for Delta Upsilon and one of the most egregious properties in the neighborhood. Delta Upsilon has continually held fraternity events at this address since at least 2021 including live concerts with hundreds of people and an unruly gathering on St. Fratty’s Day 2024 with 300 people listed on the citation. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000279-2025 Lambda Chi Alpha fraternity fall rush event on 9/28/2025 at 171 Orange Drive – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 171 Orange Drive has been previously issued Courtesy Notices of Violation for illegal fraternity operations at this property. Lambda Chi Alpha has continually held fraternity events at this address since at least 2022. (It is owned by a local attorney, Ed Somogyi, who has not cooperated with the City, has unsuccessfully appealed a Violation, and the fraternity has continued to operate.) 40 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 11, 2025, per CPRA Code Case Activity Report CODE-000284-2025 Phi Kappa Psi fraternity fall rush event on 9/27/2025 at 1276 Bond Street – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1276 Bond has previously been issued a “Courtesy” Notices of Violation for illegal fraternity operations at the property. It is has continually held fraternity events at this address since 2024. Received from the City on December 11, 2025, per CPRA Code Case Activity Report CODE-000286-2025 Phi Sigma Kappa fraternity fall rush event on 9/26 & 9/27/2025 at 348 Hathway – R-2. Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 348 Hathway has previously been issued Courtesy Notices of Violation for illegal fraternity operations at the property. It is has continually held fraternity events at this address since 2009. It is an egregious offender with many loud, disruptive fraternity parties in the backyard that can be heard from a block away. The property owner was able to clear the property’s citation history to eliminate ongoing $1000 citation fines. Within a short time afterward, the fraternity received two DACs and more citations to bring it back to the $1000 citation fine level by the end of the academic year. 41 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000285-2025 Phi Sigma Kappa fraternity fall rush event on 9/28/2025 at 1908 Loomis St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1908 Loomis St has been previously issued Courtesy Warning Notice of Violation for illegal fraternity operations at this property. It has continually held fraternity events at this address since 2023. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000282-2025 Phi Gamma Delta fraternity fall rush event on 9/27/2025 at 1229 Fredericks St – R-2 Phi Gamma Delta fraternity fall rush event on 9/28/2025 at 1229 Fredericks St – R-2 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1229 Fredericks St has been previously issued Courtesy Warning Notices of Violation for illegal fraternity operations at this property. It is the main chapter house for Phi Gamma Delta and has continually held fraternity events at this address since 2022. Unfortunately, this house is very close to our home and the property owner, David Scarry, has not been cooperative in resolving the ongoing fraternity use. 42 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000292-2025 Sigma Pi fraternity fall rush event on 9/28/2025 at 124 Stenner St – R-4 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 124 Stenner St has been previously issued Courtesy Warning Notices of Violation for illegal fraternity operations at this property. Sigma Pi has continually held fraternity events at this address since at least 2020. It is an egregious offender with many loud, disruptive fraternity parties with an extensive record at SLOPD for noise complaints. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000291-2025 Sigma Phi Epsilon fraternity fall rush event on 9/28/2025 at 2090 Hays St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 2090 Hays St has been previously issued Courtesy Warning Notices of Violation for illegal fraternity operations at this property. It is the main chapter house for Sigma Phi Epsilon and has continually held fraternity events at this address since 2023. A different fraternity occupied this address before Sig Ep moved in. There are multiple noise complaints to SLOPD for this property, but it is located above the street at the end of a narrow, dead-end street, which makes it easy for the tenants to see SLOPD units before they arrive at the property, making it difficult to cite. Many noise complaints are cleared as ‘negative violation’. 43 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000287-2025 Pi Kappa Phi fraternity fall rush event on 9/27/2025 at 501 Kentucky St – R- 2 Pi Kappa Phi fraternity fall rush event on 9/28/2025 at 501 Kentucky St – R- 2 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 501 Kentucky St is the main satellite house for Pi Kappa Phi. Other locations are in the County and at 66 Rafael, which are much further from campus. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000289-2025 Sigma Nu fraternity fall rush event on 9/27/2025 at 231 Kentucky St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 231 Kentucky St has been a fraternity house for Sigma Nu since at least 2024. 44 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000290-2025 Sigma Nu fraternity fall rush event on 9/28/2025 at 290 Chaplin Ln – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 There are multiple noise complaints to SLOPD for parties at this address. It has operated as a satellite fraternity house for Sigma Nu since at least 2022. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000293-2025 Sigma Pi fraternity fall rush event on 9/27/2025 at 1525 Slack St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1525 Slack St is the main chapter house for Sigma Pi fraternity. It has been previously issued Courtesy Warning Notices of Violation for illegal fraternity operations at this property. It has operated as a satellite fraternity house for Sigma Pi since at least 2020. 45 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000298-2025 Theta Chi fraternity fall rush event on 9/26/2025 at 250 / 248 Grand Ave – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 250 Grand Ave has been previously issued Courtesy Warning Notice of Violation for illegal fraternity operations at this property. It has operated as a satellite fraternity house for Theta since at least 2023. Previously, it was a long-term satellite fraternity house for Sigma Nu. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000288-2025 Sigma Nu fraternity fall rush event on 9/26/2025 at 1304 Foothill Blvd – R-4 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1304 Foothill Blvd is Sigma Nu’s main fraternity house. Its CUP was revoked last year because of continual failure to abide by the conditions of its CUP. Sigma Nu had an egregious history of noise complaints, noise citations, and unruly gathering citations that adversely impacted the neighborhood for many years. 46 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000294-2025 Sigma Pi fraternity fall rush event on 9/26/2025 at 1555 Slack St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1555 Slack St has been previously issued Courtesy Warning Notices of Violation for illegal fraternity operations at this property. It has operated as a satellite fraternity house for Sigma Pi since at least 2024. Previously, it was a long-term satellite fraternity house for Delta Upsilon since at least 2021. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000295-2025 Theta Chi fraternity fall rush event on 9/27/2025 at 385 Albert Dr – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 385 Albert Dr has operated as a satellite fraternity house for Sigma Nu since at least 2025. It is not clear if the property received a Notice of Violation for illegal fraternity operations. 47 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000299-2025 Theta Chi fraternity fall rush event on 9/26/2025 at 658 Graves Ave – R-4 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 658/654 Graves Ave is the main chapter house for Zeta Beta Tau and openly holds fraternity events here. The address is listed as an Affiliated Chapter House in Cal Poly’s AB 524 report. It has operated as a fraternity house for Zeta Beta Tau since at least 2021. (The owner is retired SLOPD officer Jerry Lenthall, and has spoken with Code Enforcement about the illegal use. He is fully aware that the fraternity is operating illegally but consequences have not yet compelled him to apply for a CUP.) Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000300-2025 Theta Chi fraternity fall rush event on 9/28/2025 at 1646 Fredericks St – R- 1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1646 Fredericks St is the most utilized fraternity house for Zeta Beta Tau. It has a large backyard while the main fraternity house on Graves does not have a backyard. It has received Notices of Violation for illegal fraternity operations at this address but continues to hold events. There are multiple noise complaints to SLOPD for parties at this address. It has operated as a fraternity house for Zeta Beta Tau since at least 2023 and previously was a fraternity house for Kappa Sigma since at least 2019 (see rush card from 2019) 48 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000296-2025 Theta Chi fraternity fall rush event on 9/28/2025 at 1820 Hope St – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1820 Hope St has been previously issued Courtesy Notices of Violation for illegal fraternity operations at this property. It was the main chapter house for Theta Chi in previous years, but this year Theta Chi’s main chapter house is nearby at 1844 McCollum & 250 Grand Ave, which share a backyard and hold large events there. There are multiple noise complaints to SLOPD for parties 1820 Hope and it has operated as a satellite fraternity house for Theta Chi since at least 2021. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000297-2025 Theta Chi fraternity fall rush event on 9/26/2025 at 1844 McCollum St – R- 1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 1844 McCollum St is the main chapter house for Theta Chi and shares a backyard with 250 Grand Ave, and they act in conjunction with one another even though there are different property owners for each address. There are multiple noise complaints to SLOPD for parties at this address. It has operated as a fraternity house for Theta Chi since at least 2024. It was previously a satellite fraternity house for Kappa Sigma since at least 2019. 49 Code Enforcement Records from First Weekend of Fall Rush 2025 Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000280-2025 Lambda Chi Alpha fraternity fall rush event on 9/27/2025 at 12 Hathway Ave – R-1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 12 Hathway Ave has been previously issued Courtesy Notices of Violation for illegal fraternity operations at this property. It has operated as a satellite fraternity house for Lambda Chi Alpha since at least 2021. It has a history of noise complaints to SLOPD. Received from the City on December 10, 2025, per CPRA Code Case Activity Report CODE-000274-2025 Delta Upsilon fraternity fall rush event on 9/26/2025 at 388 Chaplin Ln – R- 1 Case opened on 10/1/2025 by John Mezzapesa, Assigned to Rami Salem No further entries under “Activity Type” in October, November, up to December 10, 2025 388 Chaplin Ln has been previously issued Courtesy Notices of Violation for illegal fraternity operations at this property. It has operated as a satellite fraternity house for Delta Upsilon since at least 2021. It has history of noise complaints to SLOPD. 50 Note that nearly every complaint to Code Enforcement for illegal fraternity operations is dismissed as “unfounded” or “unable to verify”. •Fraternity complaints are mostly handled by Code Enforcement Tech II. •A Code Enforcement Tech is not qualified to handle Zoning Regulations, according to City’s own documentation. •Minimal investigation is done when complaint is received. •Knocking on the door, leaving card, and dismissing complaint shortly afterward without making contact with fraternity tenants. •Asking fraternity tenants if they held event and dismissing complaint when they say they did not. •Not keeping case open to cross-reference with AB 524 reports that show fraternity name, date and time of events matching the com plaints. •Cal Poly has list of addresses of events but perhaps Code Enforcement does not ask Cal Poly to verify a complaint event addre ss? SLOPD has asked Cal Poly on multiple occasions if an address is operating as a fraternity for Party Registration, when tenants wanted to register a party through SLOPD (to prevent SLOPD response and receive a warning call) at addresses that were documented by San Luis Obispo Code Enforcement as operating illegally as a fraternity. One example is below, as 1661 McCollum St. Instead of relying on Code Enforcement’s records, SLOPD asks Cal Poly to document the address: The following pages show some previous complaints to Code Enforcement for illegal fraternity operations and the outcome of the complaints. This is a small portion of many complaints filed, which are mostly dismissed as unable to verify or unfounded because of inadequate inv estigation or using the wrong standard of proof (beyond reasonable doubt vs. preponderance of the evidence). The first page is a TEMPLATE that shows the layout of each page to make the information easier to understand. It includes: •The complaint to Code Enforcement • Summary of complaint, finding, and AB 524 Report •The AB 524 Report with the name of the fraternity, date, and time of corresponding event that is correlated to the complaint •SLOPD dispatch log if a noise complaint was made to SLOPD for event 51 Complaint Filed: Address of Fraternity Name of Fraternity Date and Time of Event Case Opened: Summary of ‘Internal Notes’ from Code Enforcement related to its investigation. Case Closed: What was the finding? AB 524 Report confirms fraternity event Date & Time Description of fraternity event: Name of Fraternity, Date, and Location, as reported to Code Enforcement. When cross- referenced with complaint, this information verifies the event happened. Request #Open or Closed? What’s the finding? Date & Time case opened Date & Time case closed This is the complaint as it was written to the City via AskSLO or entered by Code Enforcement staff after someone contacted Code Enforcement by email with a concern. I have highlighted relevant portions of the complaints in this report. What’s the finding? Notes made by Code Enforcement related to the investigation singed by the Code Enforcement staff person responsible for the investigation. 2) Summary, Code Enforcement Action & AB 524 Report Info 3) Cal Poly’s Spreadsheet for its AB 524 reports 4) SLOPD Dispatch 1) Spreadsheet Received from SLO Code Enforcement for Complaint Filed SLOPD issued [Citation/DAC] on [Date of Event] Name of Fraternity member cited, if applicable Call # Date: Received: [Time] Dispatched: [Time] Arrived: [Time] Cleared: [Time] Addr: [Street Address]; GRID # on Map, San Luis Obispo Clearance Code: [Neg Vio, DAC, Citation] [Last Name] Description: CALL COMMENTS: Red outline highlights fraternity event cited in complaint to Code Enforcement Fraternity Chapter Location of Event Date of Event Time of Event Cal Poly AB 524 Repot 52 Phi Kappa Psi held a fraternity event on 4/19/2025 at 1271, 1273 & 1275 Stafford, as reported to Code Enforcement. SLOPD issued noise citation for party on 4/19/2025 at appx 4:20 PM 1271 Stafford cited Complaint Filed: 1271, 1273,1275 Stafford Phi Kappa Psi Dayge 4/19/2025 at 4:03 PM Case Opened: Fraternity members denied having an event on 4/19/2025 and said it was a birthday party. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/19/2025, 2 PM – 5 PM Fraternity members lied to a public official, which is a crime, and evaded accountability for the illegal land use. The fraternity event on 4/19/2025 is verified through Cal Poly’s AB 524 report 53 Beta Theta Pi held a fraternity event on 4/19/2025 at 1327 Foothill, as reported to Code Enforcement. SLOPD issued noise citation for party on 4/19/2025 Zachary Quattrocchi is a member of Beta Theta Pi The fraternity event on 4/19/2025 is verified through Cal Poly’s AB 524 report Fraternity members lied to a public official which is a crime, and evaded accountability. 54 Complaint Filed: 1327 Foothill Beta Theta Pi Party 4/19/2025 at 4 PM Case Opened: Fraternity members said the party was a group of friends getting together. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/19/2025, 2 PM – 4 PM Phi Gamma Deta held a fraternity event on 4/18/2025 at 1229 Fredericks, as reported to Code Enforcement. SLOPD issued DAC for party on 4/19/2025 at appx 11:30 PM P1 = SNAP The fraternity event on 4/18/2025 is verified through Cal Poly’s AB 524 report Fraternity members lied to a public official which is a crime, and evaded accountability for the illegal land use. 55 Complaint Filed: 1229 Fredericks St Phi Gamma Delta Party 4/18/2025 at 11:12 PM Case Opened: Fraternity members denied party was a sanctioned event, just a regular party. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/18/2025, 9 PM – 1 AM Sigma Pi held a fraternity event on 4/18/2025 at 1555 Slack, as reported to Code Enforcement. SLOPD issued Citation for party of 100 people on 4/18/2025 Kai Stout is a member of Sigma Pi The fraternity event on 4/18/2025 is verified through Cal Poly’s AB 524 report Fraternity members lied to a public official which is a crime, and evaded accountability for the illegal land use. 56 Complaint Filed: 1555 Slack St Sigma Pi Party 4/18/2025 at 10:15 PM Case Opened: Fraternity members said it was just a party with a group of friends. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/18/2025, 8:30 PM – 10 PM Zeta Beta Tau held a fraternity event on 4/17/2025 at 1646 Fredericks, as reported to Code Enforcement. Complaint Filed: 1646 Fredericks St Zeta Beta Tau Party 4/17/2025 at 10 PM Case Opened: Fraternity members denied party was a fraternity event. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/17/2025, 8 PM – 9 PM SLOPD issued Citation for party of 150 people on 4/17/2025 Dylan Daniel is a member of Zeta Beta Tau The fraternity event on 4/17/2025 is verified through Cal Poly’s AB 524 report Fraternity members lied to a public official which is a crime, and evaded accountability for the illegal land use. 57 Phi Sigma Kappa held a fraternity event on 4/17/2025 at 1908 Loomis, as reported to Code Enforcement. Complaint Filed: 1908 Loomis Phi Sigma Kappa Party 4/17/2025 at 10 PM Case Opened: Code Enforcement Tech knocked on the door, and no one answered. Code enforcement closed complaint without contact. Case Closed: “Unable to Verify” AB 524 Report confirms fraternity event 4/17/2025, 8 PM – 9 PM SLOPD issued Citation for party of 65 people on 4/17/2025 Elias Romero is a member of Phi sigma Kappa The fraternity event on 4/17/2025 is verified through Cal Poly’s AB 524 report Code Enforcement closed case because no one answered the door at the fraternity. No contact was made with tenants. 58 Delta Sigma Phi held a fraternity event on 4/17/2025 at 1688 Mill, as reported to Code Enforcement. Complaint Filed: 1688 Mill St Delta Sigma Phi Party 4/17/2025 at 8:43 PM Case Opened: Fraternity members said it was just a normal get together without any fraternity activities of any kind. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 4/17/2025, 7:30 PM – 8:30 PM SLOPD issued Citation for party of 50 people on 4/17/2025 Oliver Tostado is a member of Delta Sigma Phi The fraternity event on 4/17/2025 is verified through Cal Poly’s AB 524 report Fraternity members lied to a public official which is a crime, and evaded accountability. 59 Beta Theta Pi held a fraternity event on 5/25/52025 at 377 Albert Drive, as reported to Code Enforcement. Complaint Filed: 377 Albert Dr Beta Theta Pi Party 5/24/2025 at 2:30 PM Case Opened: Fraternity member said it was not an event of any kind, just a party with friends. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 5/24/2025, 1 PM – 4 PM SLOPD issued Citation for party of 200 people on 5/24/2025 Peter Krieger is a member of Beta Theta Pi Annual Beta Theta Pi “Dayge” in R-1 neighborhood Inflatable waterslide, DJ blaring music, hundreds of people The fraternity event on 5/24/2025 is verified through Cal Poly’s AB 524 report Fraternity member lied to a public official which is a crime, and evaded accountability of land use violation. 60 Theta Chi held a fraternity event on 5/25/52025 at 1350 Stafford (and 496 Kentucky), as reported to Code Enforcement. Complaint Filed: 1350 Stafford St Theta Chi Party 5/23/2025 at 10:23 PM Case Opened: Code Enforcement Tech knocked on the door and no one answered. Case closed without contact with tenants. Case Closed: “Unable to verify” AB 524 Report confirms fraternity event 5/25/2025, 8 PM – 9 PM SLOPD issued Citation for party of 50 people on 5/23/2025 Marcus Lesser is a member of Theta Chi NOTE: “Noise Other” at Fredericks & Kentucky is near the party at 1350 Stafford. The impact of noise, crowds, and traffic from a fraternity party is heard and felt throughout the neighborhood where fraternities are holding events. The fraternity event on 4/19/2025 is verified through Cal Poly’s AB 524 report Code Enforcement closed case because no one answered the door at the fraternity. Fredericks St Stafford St Ke n t u c k y S t FRATERNITYPARTY 61 Zeta Beta Tau held a fraternity event on 5/24/2025 at 1646 Fredericks, as reported to Code Enforcement. Complaint Filed: 1646 Fredericks St Zeta Beta Tau Party 5/24/2025 at 2:10 PM Case Opened: Fraternity members said it was not a fraternity sponsored event. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 5/24/2025, 1 PM – 4 PM SLOPD issued Citation for party of 200 people on 5/24/2025 Jamie Boyle is a member of Zeta Beta Tau Annual “Z B Tahiti” Dayge in R-1 neighborhood Inflatable waterslide, DJ blaring music, hundreds of people Fraternity members lied to a public official which is a crime, and evaded accountability. 62 The fraternity event on 5/25/2025 is verified through Cal Poly’s AB 524 report Lambda Chi Alpha held a fraternity event on 5/24/2025 at 12 Hathway, as reported to Code Enforcement. Fraternity members lied to a public official which is a crime, and evaded accountability. Complaint Filed: 12 Hathway Lambda Chi Alpha Party 5/24/2025 at appx 3 PM Case Opened: Fraternity members said it was not a fraternity event, just a get together. Follow-up: Add name of fraternity member and 200 at party per Christine Wallace: Fraternity member said it was just a get together and not a fraternal event. Case Closed: “Unfounded” AB 524 Report confirms fraternity event on 5/24/2025, 12 PM – 4 PM SLOPD issued Citation for party 5/24/2025 The fraternity event on 5/24/2025 is verified through Cal Poly’s AB 524 report 200 people according to SLOPD staff Christine Wallace Ryan Brown is a member of Lambda Chi Alpha 63 Fraternity again members lied to a public official and evaded accountability. Theta Chi held a fraternity event on 5/2/52025 at 1844 McCollum, as reported to Code Enforcement. Complaint Filed: 1844 McCollum Theta Chi Party 5/25/2025 at 2:30 PM Case Opened: Fraternity member said it was a social gathering with a group of friends. Case Closed: “Unfounded” AB 524 Report confirms fraternity event 5/25/2025, 1 PM – 4 PM Annual “Theta Ch-Island” Dayge in R-1 neighborhood Inflatable waterslide, DJ blaring music, hundreds of people SLOPD issued Citation for party of 100 people on 5/24/2025 Joseph Lederer is a member of Theta Chi The fraternity event on 5/25/2025 is verified through Cal Poly’s AB 524 report Fraternity member lied to a public official which is a crime, and evaded accountability for land use violation. 64 1844 McCollum (distinctive pink house) & Theta Chi events View of 1844 McCollum backyard from 250 Grand Ave backyard Screenshots from Theta Chi’s rush video showing 1844 McCollum SLO Code Enforcement closed a complaint for illegal fraternity operation at 1844 McCollum after one of the residents told the Code Enforcement Tech that the residents were not holding fraternity events at the property, despite photos and videos of residents holding fraternity events at the property. 65 SLOPD issued Citation for party of 80 people on 4/5/2025 John Rogers is a member of Kappa Sigma Complaint Filed: 281 Hathway Ave Kappa Sigma Party 4/5/2025 at 10:30 PM Case Opened: Code Enforcement Tech knocked on the door, and no one answered. Left card and closed the case one day later. Case Closed: “Unable to verify” AB 524 Report confirms fraternity event 4/5/2025, 8 PM – 10:45 PM P1 = SNAP Kappa Sigma held a fraternity event on 4/5/52025 at 281 Hathway Avenue, as reported to Code Enforcement. The fraternity event on 4/5/2025 is verified through Cal Poly’s AB 524 report Code Enforcement closed case because no one answered the door at fraternity. Case closed one day later without action. 66 Complaint Filed: 497 Kentucky/1350 Stafford Theta Chi Rush Event 1/19/2025, 2 – 5 PM Case Opened: 1/17/2025 (before the event) Followed up w/ photos 1/22/2025 Case Closed: “Unable to verify” AB 524 Report confirms fraternity event 1/19/2025, 2 PM – 5 PM Theta Chi held a fraternity event on 1/19/52025 at 496 Kentucky & 1350 Stafford, as reported to Code Enforcement. “Theta Chi held a rush event at 496 Kentucky and 1350 Stafford on 1/19/2025 from 2 pm - 5 pm. They advertised that day on an Instagram reel and I recognized the purple-blue house as 496 Kentucky. I documented the event with video and photos, which are dated and time-stamped.” (Photos attached of Social media posts and event in progress at 496 Kentucky.) Theta Chi posted event on Instagram & photos of event in progress. Complaint dismissed by Code Enforcement as “unable to verify”. Same property also advertised a different rush event In 2023 Event reported to Code Enforcement two days before the event, and the event happened at the date and time reported, but Code Enforcement staff did not respond to this illegal event. 67 On Friday, 5/9/2025, I reported a potential fraternity-related event at Kappa Sigma’s main chapter house at 281 Hathway Ave reporing there was a large inflatable waterslide set up in the backyard, visible from the front of the house, which likely meant there would be a daytime party on Saturday, 5/10/2025. Code Enforcement opened a case to investigate the event through the AskSLO app, Request #11780. Code Enforcement Tech closed case as "unable to verify“. Kappa Sigma posted photos of the 5/10/2024 event on Instagram and those photos were susequently sent to Code Enforcement with a link Kappa Sigma’s Instagram post. Code Enforcement Tech Rami Salem emailed me stating he “cannot proceed to create a code case against 281 Hathway on mere preponderance of the evidence” and said he did not know “beyond a reasonable doubt” that the event happened, despite my report beforehand and photos posted of the event by Kappa Sigma on their Instagram page. I emailed Community Development Director, Timmi Tway, because the standard of proof is the preponderance of the evidence standard (not beyond reasonable doubt) and told her it appeared the Code Enforcement Tech did not understand the correct standard of proof and was wrongfully dismissing legitimate complaints. Ms. Tway responded she would be providing training to the Code Enforcement Tech. Note: Mr. Salem had already been working on the ‘fraternity problem’ since he was hired in late 2023 and dismissed the vast majority of complaints filed with Code Enforcement. Kappa Sigma’s AB 524 report shows the event on 5/10/2025 from noon – 3:30 pm. This should have been a land use violation. Waterslide at fraternity event on 5/10/2024 at 281 Hathway Ave 68 Email sent to Community Development, Code Enforcement and SLOPD on 5/9/2025 regarding Alpha Sigma Phi’s post advertising Dye Is Life beer dye tournament. shown on the right. Alpha Sigma Phi has three documented fraternity houses in the neighborhood: 1218 Bond – R-1 (main chapter house) and 299 Albert Drive- R-1 and 255 Chaplin Lane – R-1. “…Cal Poly's fraternities are holding their "Dye Is Life" beer dye tournament tomorrow, Saturday, 5/10/2025, beginning at 11 a.m. The event lasts all weekend and is very noisy!!! I believe it is also a violation of SLOMC 17.02.030 and SLOMC 17.16.010 if the event is held in an R-1 zone, or 17.18.010 if held in an R-2 zone. This will be the third year of this tournament since I first contacted the city to discuss the illegal fraternity situation in our neighborhood…” Alpha Sigma Phi posted photos on Instagram on 5/12 showing the tournament in the backyard of 1218 Bond. Cases were opened by Code Enforcement on 5/13/2025 and closed by Code Enforcement Tech as “unable to verify” on 5/14/2025. Event on 5/10/2025 shown on Alpha Sigma Phi’s AB 524 report A noise complaint was called into SLOPD for the party on 5/8/2025 at 299 Albert Drive See next page for details 69 299 Albert Drive was previously identified by the City as an illegal fraternity. Alpha Sigma Phi continues to hold fraternity-related events at the property. One-hour events in the evening listed in the AB 524 reports are usually sorority exchanges and last longer than one hour. In October 2024 (2024-2025 academic year) Alpha Sigma Phi operated fraternities at 1218/1220 Bond, 299 Albert and 255 Chaplin Lane. Instagram post on 10/6 advertised rush event at 255 Chaplin Lane which was never cited by Code Enforcement. Oct 4: 1218/1220 Bond Street Oct 5: 299 Albert Drive Oct 6: 255 Chaplin Lane 70 Complaint Filed: Unknown address Phi Delta Theta Party 3/1/2025 (?) entered on 3/1 Case Opened: Code Enforcement Tech knocked on the door and no one answered. Left card and the closed code enforcement case without contact with fraternity members. Case Closed: “Unable to verify” AB 524 Report confirms fraternity event 3/1/2025, 12 PM - 3 PM Photo submitted by reporting party shows Phi Delta Theta tent, but the address of reporting party’s location or party location is not shown on complaint provided to me. Complaint says it is near Buena Vista (“loud fraternity party. I can hear them inside my home on Buena Vista with the windows closed.”) The address of the event was listed by the reporting party because Code Enforcement indicates they went to the property and knocked on the door with no response. Unsure if complaint was called in to SLOPD. Case closed by Code Enforcement Tech because no one answered the door at the address reported by the complainant. 71 Someone submitted a photo of Theta Chi’s letters in the front yard on McCollum Street with the complaint stating, “Another Fraternity in a residential neighborhood! Thought this was not allowed?” Code Enforcement Tech closed case without making contact with the tenants at the property shown in the photo. It is not clear whether Code Enforcement contacted the reporting party for clarification. The reason stated for closing the case the was that the CE Tech was “unable to verify specific location of Fraternity on McCollum Street” but a Google street view clearly shows the property address shown in the photo submitted to the City as 2069 McCollum Street. Code Enforcement closed the case without making contact with tenants at the property identified in the photo of the complaint. Photo submitted in complaint to Code Enforcement Google street view of 2069 McCollum Street 72 Complaint Filed: 2075 Hope St Unknown Fraternity Complaint entered by Code Enforcement on 3/1/2025 Case Opened: Code Enforcement Tech knocked on the door and no one answered. Case was closed without any contact with tenants of property. Case Closed: “Unable to verify” Code Enforcement closed case because no one answered the door at reported fraternity. Call also made to reporting party and case was closed. No photo submitted by reporting party to indicate which fraternity is shown on the ‘pop up awning’ so fraternity cannot be identified to compare with events listed in the AB 524 reports. 73 Complaint Filed: 1327 Foothill Blvd Beta Theta Pi Party 1/ 18/2025 Case Opened: Fraternity operating without a CUP at 1327 E. Foothill Blvd, zoned R-4. Case Closed: “Code Case Created” AB 524 Report confirms fraternity event 1/18/2025 Beta Theta Chi held a fraternity event on 1/18/2025 at 1327 E. Foothill Blvd,as reported to Code Enforcement. Property does not have a CUP.Code Enforcement issued 2nd Administrative Citation to property owner of 1327 Foothill for operating a fraternity without a Conditional Use Permit in R4 Zone. See recent history on next pages 74 Some recent history of 1327 E. Foothill Blvd – Beta Theta Pi Fraternity: 3. Fraternity held a very loud dayge on 5/25/2024 that could be heard from several blocks away. SLOPD responded and Beta Theta Pi refused to stop the party. Party lasted for hours and was called into SLOPD by multiple residents in the neighborhood. •SLOPD officers called their sergeant to the property because the fraternity refused to stop the party after being cited twice by SLOPD. •An unruly gathering citation was issued to a fraternity member. •Code Enforcement did not cite property for the illegal fraternity event. 2. Fraternity continues to operate illegally Address is listed in Cal Poly’s AB 524 reports 2023 – 2025 1. Notice sent to property owner, March 2024 for unpermitted fraternity operation at 1327 Foothill Blvd: 4. Beta Theta Pi continues to operate illegally and hold fraternity events at 1327 E. Foothill Blvd •Event on 5/31/2024 was advertised on social media •AB 524 report lists additional event in 2023-24 academic year •Code Enforcement does not take any action for the illegal fraternity events. (Continued on next page) Case closed without any fines imposed. 75 5. Fraternity continues to hold illegal fraternity events during next academic year (2024-25) •Code Enforcement witnessed winter rush event on 1/18/2025 •Notice of Violation sent to property owner on 1/29/2025 •Spoke with fraternity tenants re: illegal operation on 1/31/2025 •Beta Theta Pi held another fraternity event at the property (2/7) •1st Admin Citation issued with $50 fine on 2/19/2025 •Beta Theta Pi held another fraternity event at the property (2/13) •2nd Admin Citation issued with $200 fine on 2/21/2025 •Complaint filed for fraternity event on 4/19/2025. •Complaint dismissed by Code Enforcement as “Unfounded” •Event on 4/19/2025 confirmed in Beta Theta Pi’s AB 524 report (Complaint for 4/19 not shown on Code Case Activity Report 000019-2025) •Code Enforcement Tech met with property owner on 7/16/2025 and closed the case on 7/18/2025 during summer break. •Fall 2025: Beta Theta Pi continues fraternity events at 1327 Foothill (see next page) 76 Complaint submitted to Code Enforcement dismissed as “Unfounded”: 5. Fraternity continues to hold illegal fraternity events during next academic year, 2025-26 •Code Enforcement witnesses rush event on 9/27/2025 •A new Code Case Activity Report is opened on 10/1/2025 by Supervisor, John Mezzapesa •Mr. Mezzapesa issues 3rd Admin Citation to property owner on 10/10/2025 •Winter Rush begins on 1/16/2026. It’s not clear whether Code Enforcement will respond to documented illegal fraternity locations, including 1327 Foothill Blvd, to verify illegal fraternity events in 2026. Beta Theta Pi’s Instagram post on 9/26/2025 advertised rush event at 1327 Foothill Blvd (shown on left). The Instagram post is a photo of the rush event on 9/26/2025 in the backyard of 1621 McCollum, zoned R - 1 single-family. For context, 1621 McCollum was an illegal fraternity operation for Sigma Nu in previous years and was recently sold to an investor from Texas who owns multiple rental homes that operate illegal as fraternities in San Luis Obispo. After the investor purchased the property, it was leased to Beta Theta Pi. The property owner of 1621 McCollum was issued a “courtesy warning” Notice of Violation on 10/10/2025 despite years of ongoing fraternity operations at the property. 77 Some rental homes operating as fraternity houses are sent multiple “Courtesy Warning” Notices of Violation for illegal fraternity operations, but the fraternities continue to operate at the properties. There is little to no follow-up on these addresses after a Notice of Violation is sent. There is no review of the SLOPD dispatch log for noise complaints, review of the fraternity’s social media postings for event s, etc. because Code Enforcement is reactive and only acts when a complaint is filed, rather than proactive to solve the known problem. 78 This section on “Fraternity and Sorority Procedures” is from a City Council staff presentation on September 29, 2009. It demonstrates that the City of San Luis Obispo was aware that fraternity and sorority operations posed unique and escalating threats to residential neighborhoods, public safety, and code compliance more than 15 years ago. There are now far more fraternities operating in neighborhoods today than there were in 2009. Back then, City staff acknowledged that: •Fraternities were hosting large gatherings causing significant neighborhood disturbances; •All fraternity houses were required to operate under administrative use permits (CUPs); •Existing permits were outdated, inaccurate, or lacked enforceable conditions; •Some Greek organizations were operating without permits at all; •There was no consistent accountability process for violations tied to gatherings and parties; •Annual officer turnover was being used by fraternities as an excuse for ignorance of permit requirements. In response, the City proposed a coordinated enforcement strategy through a “Neighborhood Action Team”, including: •A comprehensive review and updating of all fraternity and sorority use permits; •Mandatory annual meetings with fraternity officers before the academic year to review CUP conditions and ongoing summer compliance reviews; •Referral to the Planning Commission for permit modification, monitoring, or revocation where violations persisted. Staff advised the Council that no changes to existing regulations were required, only coordinated enforcement of existing law, and indicated the program would be implemented beginning in 2010. It does not appear the program was implemented by the City. Cal Poly continues to recruit more fraternities to its campus, even though Cal Poly does not take responsibility or make provisions for where its fraternities will operate, and the burden of the fraternity houses are placed on the City and its residents. This is fundamentally wrong. The City has an obligation to protect its neighborhoods. 79 In 2009, a fraternity at 348 Hathway began a “tradition” called St. Fratty’s Day which grew until a roof collapsed in 2015. No action was taken by the City against the property owners or the fraternities operating illegally on Hathway, which were identified back in 2015. Those sam e fraternity houses continue to operate illegally to the present date, and many more fraternities have rented houses in residential neighborhoods, holding fraternity events. Many of these houses are the main chapter house for the fraternities. SLOPD is also aware of many of the fraternity house locations. After 2009, the problem grew exponentially. I first began communicating with the City about the increase in noise in 2021, when there was a noticeable uptick in activity from fraternities. Enforcement of the General Plan, Land Use Element is a Legal Obligation and Binding on City Action The City’s General Plan, including the Land Use Element adopted by Council resolution in December 2014, is the City’s fundame ntal land use policy document and is legally binding on City decision-making and implementation actions. Failure to enforce zoning and land-use laws in residential neighborhoods is inconsistent with the General Plan. Illegal Fraternity Operations Violate Land Use Element Policies A. Protection of Residential Neighborhoods Chapter 2 of the Land Use Element (“Conservation and Development of Residential Neighborhoods”) establishes that: •Residential neighborhoods are to be preserved as stable, livable environments •Neighborhoods must be protected from incompatible uses •Land uses must be compatible in intensity, character, and impacts with surrounding residential areas Illegal fraternity operations, which generate chronic noise and other nuisance impacts, are, by definition, incompatible uses under this framework. Allowing them to persist violates the City’s adopted neighborhood protection policies. B. Student and Group Housing Must Not Undermine Neighborhoods The Land Use Element includes specific policies addressing student housing and group housing, emphasizing that housing associ ated with educational institutions must be managed in a way that does not degrade residential neighborhoods. Unpermitted fraternity houses operating in single-family and low-density residential zones directly contradict these policies. C. Quality of Life and Public Safety Are Explicit Goals The Land Use Element repeatedly affirms that San Luis Obispo must: •Protect residents from nuisance impacts •Preserve neighborhood livability and sense of community •Prevent incremental degradation of quality of life Chronic nuisance conditions associated with illegal fraternity operations are inconsistent with these adopted goals. 80 Failure to Enforce is a Failure to Implement the General Plan A. Enforcement Is an Identified Implementation Tool Chapter 12 (“Implementation”) of the Land Use Element states that General Plan policies are implemented through: •Zoning regulations •Code enforcement •Budgets and staffing •Interagency coordination •Property management When the City fails to enforce zoning laws against known fraternity properties operating illegally, it is failing to implemen t the General Plan. This is not discretionary. B. Allowing the Spread of Illegal Uses Contradicts Plan Intent The Land Use Element was adopted to prevent incremental degradation of neighborhoods and to ensure that incompatible uses do not proliferate through inaction. The continued spread of illegal fraternity operations is the opposite of the Plan’s stated inte nt. The City Council is the Governing Body of the City Under the City Charter, the City Council is the governing body of the City and holds legislative authority over municipal aff airs, including land use regulation, nuisance abatement, and enforcement policy. Specifically, the Charter provides that the Council: •Exercises all legislative power over municipal affairs and the general welfare of residents (Charter §§201–203, 501) •Adopts, amends, and repeals ordinances and defines violations and penalties (§§601–609) •Determines whether violations constitute misdemeanors, infractions, or administrative offenses (§609) •Controls the organization, duties, and structure of City departments, including Code Enforcement and Police (§204) •Controls the City budget and enforcement staffing (§§801–805) •Possesses investigative authority, including the power to administer oaths, issue subpoenas, and compel production of evidence (§507) 81 CITY COUNCIL RESPONSIBILITY UNDER CITY CHARTER AND GENERAL PLAN The City Council: 1.Adopted the General Plan, 2.Controls the City’s enforcement framework, 3.Controls staffing and budget allocations, and 4.Possesses investigatory authority. The Council is responsible for ensuring that illegal fraternity operations are addressed and eliminated. The City’s General Plan requires the City to protect the residential neighborhoods, ensure neighborhood compatibility, and ac tively enforce land use, noise, and property standards. When confirmed violations at the same address recur semester after semester without meaningful escalation or abatement, enforcement discretion has crossed into abdication of mandatory duties. The Council has been aware of the illegal fraternity operations and their impacts for many years. Residents have documented v iolations, City staff have confirmed them, the press has independently reported on them, and the Grand Jury has investigated them and issued a scathing report that found the City has not enforced its laws and has rendered the affected neighborhoods “nearly unlivable”. At this stage, continued inaction cannot be attributed to lack of information or authority. It reflects a policy choice that has allowed illegal fraternity uses to persist at the expense of the residential neighborhoods. Persistent non -enforcement constitutes a policy failure and a General Plan inconsistency. The City’s response to the Grand Jury cited staffing and resource constraints as a partial explanation for ineffective enforcement. However, the discovery of a $3.5 million surplus after an audit in December 2025 changes that premise. Resource limitations can no longer reasonably be invoked to justify continued non-enforcement of laws designed to protect public health, safety, and neighborhood livability. Illegal fraternity operations violate zoning laws, undermine residential neighborhoods, and directly conflict with the City’s adopted General Plan. The City Charter provides the City Council with authority to act, and the General Plan imposes an affirmative obligation to d o so. Continued non- enforcement is inconsistent with both the City Charter and the General Plan and has resulted in ongoing harm to San Luis Obis po neighborhoods. The City retains discretion regarding how enforcement is carried out, but it does not have discretion to adopt or maintain enforcement practices that effectively nullify zoning prohibitions or render binding General Plan policies meaningless. The following pages have some recommendations for solving the ongoing problem. Please consider adopting programs and policies to restore the neighborhoods to a livable standard, consistent with the City’s General Plan 82 RECOMMENDED ACTIONS A. Identification & Information Integrity Establish a City-maintained Registry of Addresses of Documented Fraternity Operations Create and maintain a single authoritative list of all known fraternity and sorority houses operating legally and illegally b ased on Code Enforcement records, prior citations, and verified complaints. Integrate the Registry into SLOPD Dispatch and Records Systems Ensure documented fraternity addresses are automatically flagged so they are ineligible for DAC warnings and subject to mandatory enforcement protocols. B. Legal Compulsion of Information (University-Related) File a New Public Records Request with Cal Poly requesting all addresses where fraternities have registered events within the City of San Luis Obispo from September 2024 to the present. If Cal Poly refuses to disclose the addresses, direct the City Attorney to File a Petition for Writ of Mandate per the California Public Records Act (CPRA) Compel disclosure of records identifying addresses where fraternities register or host parties and events in residential neig hborhoods in the City. Use CPRA Litigation to Clarify Disclosure Obligations Going Forward Obtain a judicial ruling to prevent future refusals and establish a clear precedent for inter-agency transparency. This establishes Cal Poly’s duty to disclose the addresses so the City can stay current as new fraternity locations are established in the City’s residential neighborhood s. C. Enforcement Authority & Professional Standards Require Zoning and Land-Use Enforcement by Qualified Personnel Only Mandate that fraternity-related zoning violations be handled by Code Enforcement Officer I/II or higher—not Code Enforcement Techs. Ensure zoning and land use violation complaints are adequately investigated and prevent “unable to verify” or “unfounded” clo sures where legal standards for documentation are met. Mandate Interdepartmental Enforcement Protocols Require coordinated enforcement between SLOPD and Code Enforcement, including mandatory referrals after noise incidents at kn own fraternity addresses. Ensure SLOPD officers understand how to write a report for illegal fraternity operations in violation of the Municipal Code i ncluding 17.16.020 (illegal use R- 1), 17.18.020 (illegal use R-2), 17.20.020 (illegal use R-3), 17.22.010 (illegal use R-4). Senior SLOPD staff have refused to do this when requested for fraternity operating illegally in R-1 zone. Previously, reports were written by SLOPD for a fraternity operating without a permit in an R-4 zone citing 17.22.010 and 17.02.030 and were prosecuted by the City Attorney to protect the neighborhood. D. Enforcement With Consequences Eliminate DAC Eligibility for Documented Fraternities Operating Illegally Consistent with the Policy for Permitted Fraternities Permitted fraternity properties are not eligible for DAC warnings. Documented fraternity properties operating illegally and/or without permits should not be eligible for a DAC. Eliminate Early Removal Options for Fraternity Properties Operating Illegally Consistent with Policy for Permitted Fraternities Apply the same policy that does not allow Early Removal from the premised list for fraternities to those properties operating illegally as fraternities in the City.83 D. Enforcement With Consequences, continued. Increase Noise and Nuisance Citation Fines to Reflect Current Conditions Adjust police citation fine amounts to reflect inflation, enforcement costs, and the scale of impacts, noting that current fines have not been updated since May 2005 and no longer function as an effective deterrent for fraternity properties, as documented by the “boatloads” of noise citations and unruly gathering citations at fraternity properties cited by SLOPD staff Christine Wallace in an email contained in this report. Increase Code Enforcement Administrative Fines to Compel Compliance Update Code Enforcement fine schedules so that administrative penalties for illegal land use and nuisance conditions are sufficient to compel timely compliance, rather than being treated as a cost of doing business. Current fines start at $50 and are likely meaningless to a property owner allowing a fraternity to operate illegally at their investment property. Discontinue Sending Repeated “Courtesy Warning” Notices of Violation and Initiate Code Case After First Courtesy Notice is Se nt Code cases are closed and new “courtesy” Notices of Violation are repeatedly issued, which does not promote abating the illegal fraternity use in residential neighborhoods. Establish policy that Administrative Citations begin after one Notice of Violation for a documented illegal fraternity operation. Require Corrective Compliance from Repeat Offenders since Rental Properties Require a Business License Condition continued occupancy or rental activity on demonstrable, verified compliance. E. Accountability, Oversight & Transparency Require Quarterly Public Reporting to City Council Reports should include: Number of illegal fraternity addresses identified Number of noise complaints to SLOPD at documented fraternity properties Number of citations issued to documented fraternity properties and DAC warnings (DACs should not be allowed per City policy f or permitted fraternities) Zoning cases opened, closed, and pending Nuisance actions initiated and resolved Preserve an Administrative Record of Knowledge and Enforcement Decisions Ensure City actions (or inaction) are documented to demonstrate accountability and legal compliance. F. Long-Term Structural Solutions Develop a Formal Greek Housing Strategy Work with Cal Poly to shift fraternity housing to on-campus or appropriate locations away from residential neighborhoods. This is included as a policy in the City’s General Plan, LUCE but has not been implemented. “2.6.5. Fraternities & Sororities The City shall work with Cal Poly to develop a proposal to locate fraternities and sororities on campus for consideration by the CSU Board.” 84