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Home My WebLink About_CDD42008_1229 Fredericks St - Notice of Review + Decision_ScarryCity of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org Notice of Hearing Officer Review Page 1 February 5, 2026 David scarry Via First Class Mail and Email to: Re: Notice of Hearing Officer Review Administrative Citation #42008 To David Scarry: On January 13, 2026, the City of San Luis Obispo received your appeal of the administrative citation referenced above. 1.In your appeal, you elected to forgo your rightful hearing before a hearing officer in favor of that hearing officer’s review of your appeal on the record. This review will take place no sooner than Tuesday, February 24, 2026 2.Hearing Officer or Board. The hearing officer assigned to your appeal is Alex Karlin. 3.Addresses for Communication, Notices, or Requests. Any communications, notices, or requests to the hearing officer shall be addressed as follows: Hearing Officer Alex Karlin c/o City Attorney’s Office 990 Palm Street San Luis Obispo, CA 93401 Email: city_attorney@slocity.org Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Community Development - Building & Safety Attn: John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Email: JMezzape@slocity.org Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. Notice of Hearing Officer Review Page 2 If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided, and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. Please note that audio generated in close proximity to the body worn camera microphone is prioritized over ambient or distant sounds. For more details, please find enclosed a notification from the body worn camera manufacturer. Please call (805)781-7140 or write to city_attorney@slocity.org should you have any questions. Sincerely, Amel Belghoul Legal Assistant City Attorney’s Office Enc: Administrative Record Community Development 919 Palnr Street, San Luis Obispo. CA 93401 -321 B 805.781 71 70 slocity org Declaration of Service and Posting of Notice SUBJECT ADDRESS 229 FRDERICKS E FT SAN LUIS O PO1ts cA 93405 l/we, the undersigned, declare that at all times herein mentioned, l/we were and now are a duly authorized empioyeels) of 1ie Community Development Department, City of San Luis obispo, State of California; that pursuint io'section 1.24.}SOG of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildin-gs, as adopted by Seclion 15.02.010 of the San Luis Obispo Municipal Code, l/we deposited in a receptacle for.the u.S. postit Service, in a sealed envetope, postage prepaid, byl8 regular mail, and/or El certified mail, return receipt requested the following: CASE NO.: CODE-000282-2025 Citation No.: 42008 Officer:R Notice to Correct, Notice of Violation, Administrative Gitation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 23'd day of December ,2025, San Luis Obispo, california Officer or clerk effecting service by mail: (Print Name)(Signature)(Time/date) Otficer effecting service by posting A I T ame)(Time/date g l 9 Palm Street, San Luis 0bispo, CA 93401 -321 I Citation No.: 42008 ADMI N ISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE Community Development 805.781 7r70 sloeity.org E!1", Citation VJ2d Gitation E t'o Citation E noaitional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: NAME: ADDRESS: 1229 Fredericks St. San Luis Obispo, CA 93405 APN: 052-071-008 September 28,2025 & October 3,2025 SCARRY DAVE & JILL FAMILY TRUST PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY oRDERED TO |MMEDIATELY CORRECT THE VTOLATTON(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN GoRRECT|ONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CoRRECTED. FAILURE TO CORRECT THE VTOLATTON(S) WILL RESULT lN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8o/o per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forurarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Gommunity Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. PICASC SEC thE AttAChEd Appeal Form for more information. MailAppeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 lssued By: R. Salem Signatu Title: Code Enforcement Officer CODE SECTION DESCRIPTION OF VIOLATION FINE sloMc s 17.10.020 Use regulations by zone. Allowed uses - Unpermitted Use $1 00 sloMc 817.10.020 Use reoulations bv zone. Allowed uses - Unpermitted Use $500 Amount Due (or subtotal if daily fine)$600 lf Daily Fines apply the TOTAL AMOUNT DUE = -(no. days) X subtotal = RELATED CE GASE:coDE-000282-2025 DATE CITATION ISSUED: December 23. 2025 TNVOICE (00042008) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT SCARRY DAVE & JILL FAMILY TRUST INVOIGE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00042008 '12t23t2025 01t2212026 Due NONE REFERENCE NUMBER FEE NAME TOTAL coDE-000282-2025 CE 1st Admin Citation CE 2nd Admin Citation $100.00 $500.00 1229 Fredericks St San Luis Obispo, CA 93405 SUBTOTAL $600.00 TOTAL $600.00 December 23, 2025 City of San Luis Obispo Page 1 of 1 Community Development 91 9 Palm Slreet, San Luis 0bispo, CA 9340 1 -321 I 805.781 .71 70 slocity.orq 1U2012025 SCARRY DAVE & JILL FAMILY TRUST SUBJECT ADDRESSz 1229 Fredericks St. San Luis Code Case #: CODE-000282-2025 Dear Property Owner, On September27th,2025,City of San Luis following violations of the San Luis Obispo address: Use Allowed by the Specific Use In Table 2-l Notice to Correct Code Violation(s)Alotice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 52-202-006 I lopment Department staff noted the relevant codes at the above listed or 17.1 $ 17.10.020: uses. (Jses within zones shall be regulated as setforth in Table 2-l: Uses B through F of this section and additional regulations specified in column of Tabte 2-1. Land uses are defined in Chapter 17.156 (Land Use shall hsve these San itv Code Municipal A The use is allowed as a matter of right. The use requires a minor use permit approved by the director, as provided in SectionlT.l 10.030 (Procedure-Minor Use Permit). MUP CUP The use requires a conditional use permit approved by the planning commission, as provided in Sectionl7.ll0.040 (Procedure- Conditional Use Permit). 1990 Loomis St San Luis Obispo CA,93405 1U2012025 Page2 A COPY OF THIS NOTICE MAST BE ATTA ALL REQAIRED WORK MUST BE We request that you voluntarily violations constitute a public sections cited in this notice payment of FINES in remain uncorrected after iss civil or criminal remedies. Additionally, cease at this location may please contact the city to meet current zonlng TIONS FOR A PERMIT. 90 DAYS OF PERMIT ISSAANCE. noted violation(s) immediatelv. These violation of the same code Administrative Citation requiring 1.24. For Municipal Code violations that the City may seek enforcement by other request a Director's review of this Notice by S Review Form and submitting it to the Community A/M The use is allowed above the ground /loor only. &tbiect to minor use permit revie'w, the use may be established on the groundfloor. Corrective Action: Please cease all use ofthe subject address as a fratern all events that are associated with a fraternity or sorority. Any future result in the issuance of fines. If the location is within the R-3/R-4 zone, and a IS Planning Department at (805)78 I -7 170 lo determine if the regulations and the required steps for submittal. Any person completing a interest Req uest for Deve vla code@sloc ity.org or to 919 Palm Street, San Luis Obispo, CA 93406,wi ve (5) days ofthe this Notice This Notice shall be deemed final unless you timely file a Reque Director's We look to resolve these violations and would like to thank you for your efforts to maintain and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 440-9825 or rsalem@slocity.org. Sincerely, R47//'7 S4/€7// Rami Salem, Code Enforcement Officer and Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review .il1!,ftir\ result in the with SLOMC an Administrati and CODE CASE ACTIVITY REPORT CODE-000282-2025 FOR CITY OF SAN LUIS OBISPO Address:Closed Date:In ViolationStatus:1229 Fredericks St San Luis Obispo, CA 93405 10/01/2025Opened Date:Rami SalemAssigned ToCode EnforcementCase Type: Activity Date Created By Activity Type CommentsActivity Name 10/02/2025 Investigation into RUSH event advertised on social media associated with the fraternity Phi Gamma Delta (FIJI) to occur on 9/28/25. After inspection of all known locations used as a fraternity associated with the organization advertising the event, it was determined that the event took place at 1229 Fredericks. There is no use permit for this location to operate as a fraternity. InspectionJohn Mezzapesa 9/28/2025 Investigation into RUSH event advertised on social media associated with the fraternity Phi Gamma Delta (FIJI) to occur on 9/27/25. After inspection of all known locations used as a fraternity associated with the organization advertising the event, it was determined that the event took place at 1229 Fredericks. There is no use permit for this location to operate as a fraternity. InspectionJohn Mezzapesa 9/27/2025 11/20/2025 Generated a notice of vioaltion for owner and residents. Notice of ViolationRami Salem 11/20/2025 12/23/2025 Citation for second and third violations sent to PO via first class and certified mail and posted on site. Sent to current occupants via first class mail. Admin CiteJohn Mezzapesa 12/23/2025 Page 1 of 1City of San Luis ObispoJanuary 27, 2026 • Revised �nd Published: 7/1/2025 Administrative Citation Appeal Form JAN °7 2026 Stv "'11 , "''-'-"I\Form must be received by the City Clerk within 10 days of date of citation to be con __ _ .:. ·~•; .:.~-· If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.1 00(A). 1 2 3 4 6 8 9 10 ,11 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Date of Citation: ADM or Other Cite Number: Municipal Code Section(s) Cited: Municipal Code Section(s) Appealed: Appellant Name(s): �d; Appellant Phone(s): � -· Business Name: Appellant Mailing Address(es): lr�w� � � Business Ucense # Appellant Cited As: Mark only oneIndividual or Business _L Owner of property or building __ Tenant being held financially responsible for landlord citation Election of Appeal Process. Choose One. Election is final. __ Construction Board of Appeals -d Administrative Review Board -A-Hearing Officer In-person Hearing. Optional 7 Appeal Fee. (calculate using worksheet on page 3): $ _· ..... J _Q�C,�--- Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten {10) days in advance of the day of review for my appeal and that I will receive written notice of when that day of review for my appeal will be. .. •• J nl To waive your right to an in-person hearing, initial here:� If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this appeal form was executed on: 5'2._..-_..,.a'.l-\r, ..... L=,,....,.;ob'-\,()....,.6=�=�,F->Doe-_ _,. California Place of Signature Once filled out entirely and signed, email your form to CityClerk@slocity.org %-Or deliver in person or by mail to: City Clerk's Office, 990 Palm Street, San Luis Obispo, CA 93401 AB 1/8/26 SLO CC PRO PER TIE S LLC DATE\.....M4\.0..~ iJ(\IDI ~Jll~'J1~m:, $ "°'~q 1 ~+-!r- () BANC OF . J .• CALIFORNIA l:).~~~ MEMO C i{J, fuJJI l t..{~ . M' LOOK FOR FRAUD-DETERRING FEATURES INCLUDING THE SECURITY SQUARE AND HEAT-REACTIVE INK. DETAILS ON BACK. City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Thursday Jan 08 2026 10:51:38 AM Admin Citation Appeal Fee (ACAF) SLO CC PROPERTIES LLC CITATION #4 109.18 __________________________________________ Total 109.18 Check 1277 109.18 Received From: SLO CC PROPERTIES LLC CITATION #42008 1229 FREDERICKS Receipt #: finance-01082026-9 Cashier: Maryanna Espejo-Moses City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org January 7, 2026 David scarry Via First class Mail and Email to: Re: Request to Appeal Administrative Citation #42008 Dear Mr. Scarry: On January 7, 2026, the City of San Luis Obispo received your request to appeal the above referenced Administrative Citation. This request was incomplete and is therefore rejected. The reason(s) for this rejection include, but are not necessarily limited to: . You have not filled out section 1. of the appeal form, which requests necessary information to process your appeal. If you choose to do so, within ten (10) days of the date of this letter, the City Clerk’s Office must receive a written appeal that complies with the requirements of Chapter 1.24 of the City of San Luis Obispo Municipal Code, which governs administrative citations and appeals (specifically, Section 1.24.100(C) Contents of Appeal). If no compliant request to appeal is timely received, this appeal will be deemed abandoned, and payment of the related fines will be due. Please note that it came to the City’s attention that your administrative citation, intended for mailing prior to the holidays, was delayed. Due to this error, the City has mailed an extension letter providing ten (10) days from the date of the extension letter to submit the appeal. The Municipal Code is available on the City’s website, www.slocity.org or by contacting the City Clerk’s Office. For your convenience, a form has been enclosed to capture the necessary information. If you have any questions, please contact me at (805) 781-7140 or city_attorney@slocity.org. Sincerely, Amel Belghoul Legal Assistant, City of San Luis Obispo Enc.: Copy of date stamped Appeal Form, Blank Appeal Form • Revised �nd Published: 7/1/2025 Administrative Citation Appeal Form JAN °7 2026 Stv "'11 , "''-'-"I\Form must be received by the City Clerk within 10 days of date of citation to be con __ _ .:. ·~•; .:.~-· If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.1 00(A). 1 2 3 4 6 8 9 10 ,11 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Date of Citation: ADM or Other Cite Number: Municipal Code Section(s) Cited: Municipal Code Section(s) Appealed: Appellant Name(s): �d; Appellant Phone(s): � Appellant email address(es); � Business Name: Appellant Mailing Address(es): lr�w� � � Business Ucense # Appellant Cited As: Mark only oneIndividual or Business _L Owner of property or building __ Tenant being held financially responsible for landlord citation Election of Appeal Process. Choose One. Election is final. __ Construction Board of Appeals -d Administrative Review Board -A-Hearing Officer In-person Hearing. Optional 7 Appeal Fee. (calculate using worksheet on page 3): $ _· ..... J _Q�C,�--- Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten {10) days in advance of the day of review for my appeal and that I will receive written notice of when that day of review for my appeal will be. .. •• J nl To waive your right to an in-person hearing, initial here:� If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this appeal form was executed on: 5'2._..-_..,.a'.l-\r, ..... L=,,....,.;ob'-\,()....,.6=�=�,F->Doe-_ _,. California Place of Signature Once filled out entirely and signed, email your form to CityClerk@slocity.org %-Or deliver in person or by mail to: City Clerk's Office, 990 Palm Street, San Luis Obispo, CA 93401 AB 1/7/26 Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Administrative Citation Appeal Form Form must be received by the City Clerk within 10 days of date of citation to be considered timely filed. If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.100(A). Revised and Published: 7/1/2025 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Address of Citation: If applicable Mark only one Reason for appeal.Attach additional pages as necessary. Election of Appeal Process. Choose One. Election is final. Appeal Fee. (calculate using worksheet on page 3): $ _______________ . Failure to pay the appropriate fee may cause your appeal to be rejected Office Use Only Staff initial for collection of fee Date received ____________ In-person Hearing.Optional I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten (10) days in advance of the day of review for my appeal and that I will receive written To waive your right to an in-person hearing, initial here following Official Mailing Address: Truth of Appeal. that this appeal form was executed on: Representative.If applicable, Legal counsel or agent of Appellant Page 2 Administrative Citation Appeal Form Instructions Questions about this form or the appeal process should be directed to the City Attorney’s Office Email: City_Attorney@slocity.org, Phone: (805)781-7140 1. Citation Details: Describe the administrative citation received (that you are appealing) with as much detail as possible. The specific information required by the Municipal Code is listed in the form, but any identifying information you provide will assist staff to quickly complete the initial intake processing of your request to appeal. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(a-b). 2. Appellant Details: Whether cited as an individual, business owner, property/building owner, or are being held financially responsible as a tenant for a citation issued to your landlord, all contact information you wish to provide to the City should be entered here. If there is more than one appellant, attach additional pages and provide the contact information for every appellant. San Luis Obispo Municipal Code Section 1.24.100(C)(1). 3. Citation Issued to a Business: For an appeal of a citation issued directly to a business (e.g. failure to timely renew a business license), please provide the additional information in part 3 of this form. The Business Name and License number should be on the renewal notice, administrative citation, or other notifications. 4. Interest in Citation: For an administrative citation issued to an individual, only that specific person may submit an appeal. Any appeal submitted by a roommate, family member, etc., on behalf of the individual cited, will be rejected. For appeals issued to a property or building, the owner or their agent may submit an appeal, as well as any tenant who is being held contractually, financially responsible for the property citation. Any legal representative or other agent of the appellant should provide their own contact details in part 11 of this form. San Luis Obispo Municipal Code Section 1.24.100(C)(2). 5. Reason for Appeal: Give a brief statement of why you are appealing, the relief or action sought, and why the administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional pages as necessary, and include any audio, video, photographic, or other supporting evidence you wish to provide. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(c). 6. Election of Appeal Process: Only one appeal process may be chosen, and once chosen, the election is final. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(c). All citations that include a violation of Title 15 of the San Luis Obispo Municipal Code (building and related codes), even if other non-Title 15 code violations are also cited, must be appealed to the Construction Board of Appeals. San Luis Obispo Municipal Code Section 1.24.100(B)(1). For citations that do not include a violation of Title 15, you must make a choice between: • Administrative Review Board: If you wish to retain your right to challenge the administrative citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record. Should you wish to then challenge that board’s decision in court, you will need to file a petition for writ with the Superior Court, which may require the services of an attorney to prepare, and will require payment of the City’s costs to prepare the administrative record. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(b). • Hearing Officer: An expedited, less formal appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to California Government Code Section 53069.4. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(a). For citations that do not include a violation of Title 15, failure to request a hearing before the Administrative Review Board will result in the appeal being assigned to a Hearing Officer and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. San Luis Obispo Municipal Code Section 1.24.100(C)(4). Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Page 3 7. Appeal Fee. Every path of appeal requires payment of a fee due at the time your appeal is submitted. Once your appeal is determined to be complete, timely and valid, the fee is non-refundable as it is recovery of a percentage of the cost to bring your appeal to hearing, regardless of the outcome. Fees are adopted by City Council resolution and updated annually. Use the chart below to properly determine or calculate your appeal fee. If you are appealing for Hearing Officer Review and cannot determine the amount of your fine(s), please contact the City Attorney’s Office by phone (805)781-7140 or email city_attorney@slocity.org, and support staff will be able to assist you: Title 15 violations (including duplexes), a demolition permit, or any item permitted under the “Additional Building capped at $109.18 but could be less depending on the amount of your fine amount in (1) multiplied by 0.25 whichever is less of (2) & (3) Payment by check should be made out to the “City of San Luis Obispo.” Payment by credit card can be facilitated by the Finance Department1 and should be completed prior to submission of your appeal form, with a copy of the payment receipt attached to the form. Any appeal received without payment of the proper fee may be rejected. 8. In-Person Hearing: It is your right, no matter which appeal process you choose, to have an in-person hearing for your appeal. However, you are under no obligation to appear. If you choose, you may elect to have your appeal reviewed on the record (all the documents, pictures, etc. submitted by yourself or the City). San Luis Obispo Municipal Code 1.24.110(F). This review on the record will occur on or after a certain date and you will receive written notice of the date of review for your appeal. If you choose to participate in an in-person hearing, you will receive a written notice of hearing. San Luis Obispo Municipal Code Section 1.24.110(B). 9. Official Mailing Address: The Municipal Code requires certain notices be sent via U.S. Mail and so, while courtesy notifications may be sent via email or to other addresses, you are required to provide one official mailing address for your appeal. San Luis Obispo Municipal Code 1.24.100(C)(5). 10. Signature: The step most commonly missed in the appeal process (and the most common reason for rejection of a timely appeal) is failure to sign the appeal and declare the facts stated in the appeal to be true. The form provides a signature block for this purpose but if there are multiple appellants, all must sign a declaration. Any additional declarations can be attached as additional pages. San Luis Obispo Municipal Code 1.24.100(C)(5). 11. Representative of Appellant: Any legal representative or other agent assisting with the preparation of the appeal or who intends to appear at the hearing, must provide their contact information and relationship to the appellant. 1 Finance Department staff are available by phone (805)781-7124 and at the public counter, downstairs at City Hall (990 Palm Street), Monday – Thursday, 8:00am – 4:00pm AB 1/8/26 From:david scarry To:City_Attorney Cc:david scarry; Katy Scarry Subject:1229 Fredericks , Case Code-000282-2025 Date:Monday, January 5, 2026 9:16:28 AM Hello John, I don’t see anything to appeal here. There is simply an accusation that the people living at 1229 Frederick are operating a fraternity. The burden of proof is not on my tenants or me the burden of proof is on the city. I have no more access to confidential records of Calpoly than the city does. The city has not provided any concrete proof. Can you please help us by providing the address that the fraternity in question held events ? We are taking the appropriate actions to prevent the tenants from operating a fraternity at 1229 Fredrick street The letter that you sent unfortunately does not provide sufficient evidence to prove that a fraternity is operating there. If I need to file an appeal, please consider this my appeal and understand that I have taken the appropriate actions to remind the tenants that having a fraternity operating at that address would be a violation of their lease and city ordinances and is not permissible. If you have further evidence that would conclude that they had a sponsored fraternity event on the dates you have cited please do share it with me and I will have my attorney take the appropriate actions. Have you notified the tenants at 1229 about your concerns? Have you contacted the fraternity in question? If so, have you gotten any kind of a response? Thanks for your cooperation David Thank you Robin Spangler Administrative Coordinator From: David Scarry < Sent: Monday, January 5, 2026 9:38 AM To: Code Enforcement <code@slocity.org>; Jeff Radding < Cc: CityClerk <CityClerk@slocity.org>; Subject: Re: 1229 Fredericks Code Violation Appeal Hi Stephen and John Thank you for acknowledging everything I am doing the best to enforce the cities ordinance at this point Unfortunately, the city has not provided any actual lawful evidences that there is a fraternity operating at 1229 Fredrick In the meantime, I have informed them they would be violation of our lease If they have fraternity sponsored activities there and violating the city ordinances we do not allow that. When you have proof please provide it . David Sent from my iPhone On Jan 5, 2026, at 5:51 PM, Code Enforcement <code@slocity.org> wrote: Good morning, This was received in the Code Enforcement email. Please advise if, although sent to the wrong department, it will be considered as received before the deadline. They may have sent a separate email to you as well. Thank you, Steve Sheats Code Enforcement Officer Community Development Building & Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ssheats@slocity.org T 805.783.7841 slocity.org Stay connected with the City by signing up for e-notifications From: david scarry < Sent: Friday, January 2, 2026 3:25 PM To: Code Enforcement <code@slocity.org> Cc: david scarry < ; Katy Scarry < Subject: 1229 Fredericks Code Violation Appeal I am attaching the Administrative Citation Appel Form for a citation with the property address of 1229 Fredericks San Luis Obispo. We are appealing this violation as the property owner who did not host or participate in any event at this address. Also, my lease with my tenants does not allow for any such events to take place on my property during their tenancy. I will also mail the Administrative Citation Appel Form along with the check for the appeal fee today. I appreciate your review of this citation. Thank you Robin Spangler Administrative Coordinator From:Belghoul, Amel To: Subject:Reject to Correct letter - Scarry Date:Thursday, January 8, 2026 10:26:00 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png 20260108_Reject to Correct - Scarry.pdf David Scarry: Please see the attached. Thank you, Amel Belghoul Legal Assistant I City Attorney's Office E ABelghou@slocity.org T 805.781.7555 slocity.org Stay connected with the City by signing up for e-notifications The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From:Belghoul, Amel To:David Scarry Cc:David Scarry; Katy Scarry Subject:Receipt of Administrative Citation Appeal - Scarry Date:Tuesday, January 13, 2026 4:58:00 PM David Scarry: On January 13, 2026, the City of San Luis Obispo received your Administrative Citation Appeal Form for the citation issued to you on December 23, 2025. As you have elected to forego an in-person hearing, review of your appeal on the record will be scheduled as soon as there is an opening in the calendar of the volunteer hearing officer. You will be notified in writing of the day in which a hearing officer will review your appeal, as required by the San Luis Obispo Municipal Code. Payment of your fine is on hold until the hearing officer has issued a decision. Amel Belghoul Legal Assistant I City Attorney's Office E ABelghou@slocity.org T 805.781.7555 From: David Scarry < Sent: Tuesday, January 13, 2026 12:24 PM To: Belghoul, Amel <ABelghou@slocity.org>; CityClerk <CityClerk@slocity.org> Cc: David Scarry < ; Katy Scarry < Subject: 1229 Fredericks Administration Citation Appeal - Citation # 42008 Hello, I am attaching our Administrative Citation Appeal Form for Citation # 42008 on the property of 1229 Federicks in San Luis Obispo. Please review our form as well as our attached letter for our complete Appeal. Thank you for your assistance in this matter. PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On February 5, 2026, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL REVIEW to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Email: [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 5, 2026, at San Luis Obispo, California. _____________________________ Amel Belghoul City of San Luis Obispo, City Atto rney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.78 1.7140, slocity.org March 9, 2026 David scarry Via First Class and Certified Mail Email: Re: NOTICE OF DECISION Appeal of Administrative Citation # ADM 42008 APPEAL GRANTED, CITATION REVOKED (DISMISSED) To David Scarry: On or after February 24, 2026, Hearing Officer Alex Karlin reviewed your administrative citation appeal, considered the evidence, and made the determination indicated above. The decision of the Hearing Officer is attached. The City’s Finance Department will void the invoices and no further action is required on your part. If a citation was issued to your property owner, it will also be dismissed. Sincerely, Amel Belghoul Legal Assistant City Attorney’s Office Attachment: Hearing Decision on Administrative Citation Appeal HEARING DECISION ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of SCARRY DAVID + JILL FAMILY TRUST 1.Citation number: 42008 2. Location of cited violation: 1229 Fredericks Street, San Luis Obispo, CA 3.APN: 052-071-008 4. Date of Citation: September 28 and October 3, 2025 5. Name of person cited: SCARRY DAVID + JILL FAMILY TRUST 6.Description of cited violation a.SLO City Municipal Code section: 17.10.020 b.Description of charged violation: Unpermitted Use c.Fine(s) Assessed: $100 plus $500. 7.Date of Hearing: Appellant waived hearing. Case decided on written record. 8.Hearing Officer: Alex S. Karlin 9. EVIDENCE IN THE RECORD The evidence in this case starts with Citation 42008, issued December 23, 2025. Although it is a single citation, it states that it is the “1st citation and the 2nd citation.” It then states that the “date of the violation” was “September 28 and October 3, 2025. Is it one violation or two? It would seem to be two citations issued under a single citation number (42008). This anomalous conclusion is supported by the fact that the record under Citation 42008 includes an invoice from the City imposing penalties of $100 and $500. In Citation 42008 each violation is identically described as “Use regulations by zone. Allowed uses – Unpermitted Use.” Section 17.10.020 of the San Luis Obispo City Municipal Code is cited. Title 17 contains the City’s Zoning Standards. Section 17.10.020 specifies the land uses that are allowed within each zone. Section 17.10.020. B.2.states that any use not expressly allowed in a zone is prohibited. On its face, Citation 42008 provides no clue as to what “zone” (residential? commercial? industrial?) 1229 Fredericks Street is in nor what “unpermitted use” is alleged to have occurred there. The only actual evidence of a violation provided by the City seems to be a document in the record titled “Code Case Activity Report Code 000282-2025” (CCA Report). The CCA Report only has a few entries. The first entry states: “Activity Date: 10/02/25 Created By: John Mezzapesa Activity Type: Inspection Activity Name 9/28/2025 Comments: Investigation into RUSH event advertised on social media associated with the fraternity Phi Gamma Delta (FIJI) to occur on 9/28/25. After Inspection of all known locations used as a fraternity associated with the organization advertising the event, it was determined that the event took place at 1229 Fredericks. There is no use permit for this location to operate as a fraternity.” The second entry in the CCA Report is identical except that the “Activity Name” is “9/27/2025” and the event is said to have occurred on September 27, 2025. The CCA Report does not even mention October 3, 2025, which Citation 42008 states is the date of the second violation and for which a $500 fine is proposed. The CCA Report is confusing. The first entry in the CCA Report says the Activity Type was an “Inspection.” Inspection of what? When? By whom? Next the “Comments” section states that there was an “Investigation.” Again, passive voice. Same questions. Next it states there was an “inspection of all known locations uses as a fraternity associated with the organization advertising the event [and] it was determined that the event took place at 1229 Fredricks.” Am I to understand that Mr. Mezzapesa went to all of the known locations where Phi Gamma Delta (PGD) students resided and inspected them? On September 28th, the date of the alleged violation? If not, how could an inspection on another day be probative here? The next significant item in the administrative record is a November 20, 2025 “Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation)” signed by “Rami Salem, Code Enforcement Technician & Safe Housing Coordinator.” This NOV refers to an alleged 9/26/2025 violation at 1229 Fredericks Street. The 11/20/2025 NOV states that the subject address “has been identified as is a fraternity/sorority.” It adds that a “fraternity sponsored event was documented to have occurred [at 1229 Fredricks] on September 26th, 2025.” Who identified it? Who determined? What evidence did they have? Could they please put the evidence in the record so that the Hearing Officer can see it? These are anonymous, passive tense, conclusory statements. Next, I turn to the appeal of Mr. David Scarry on behalf of the SCARRY DAVID + JILL FAMILY TRUST. In his January 2, 2026, appeal he states that the Trust is the owner of the property, that he did not do the violation, and that while tenants may have done the cited violations it was “against my knowledge and against the terms of their lease.” Then on January 13, 2026, Mr. Scarry filed a supplemental appeal and states as follows: “I don’t see anything to appeal here. There is simply an accusation that the people living at 1229 Frederick are operating a fraternity. The burden of proof is not on my tenants or me the burden of proof is on the city. I have no more access to confidential records of Calpoly than the city does. The city has not provided any concrete proof. Can you please help us by providing the address that the fraternity in question held events? We are taking the appropriate actions to prevent the tenants from operating a fraternity at 1229 Fredrick street. The letter that you sent unfortunately does not provide sufficient evidence to prove that a fraternity is operating there. If I need to file an appeal, please consider this my appeal and understand that I have taken the appropriate actions to remind the tenants that having a fraternity operating at that address would be a violation of their lease and city ordinances and is not permissible. If you have further evidence that would conclude that they had a sponsored fraternity event on the dates you have cited please do share it with me and I will have my attorney take the appropriate actions. Have you notified the tenants at 1229 about your concerns? Have you contacted the fraternity in question? If so, have you gotten any kind of a response? Thanks for your cooperation” 10. LEGAL CONCLUSION Section 1.24.110 of the Municipal Code deals with “Hearing Procedures for Appeals of Administrative Citations” and states: E.Use of Reports as Evidence. The administrative citation and any documents, exhibits, reports or other materials prepared by city staff or by the director concerning a code violation or an attempted correction of a code violation that are provided to the applicable hearing officer or board shall be accepted by the hearing officer or board as prima facie evidence of the code violation and of the facts stated in such documents. While I am well aware of this section, Citation 42008 and the documents submitted by the City Community Development Department staff simply cannot constitute a prima facie case. Most egregiously, other than Citation 42008 itself, nothing in the record provided by the Community Development Department even mentions the alleged October 3, 2025 ($500) violation! This cannot be a prima facie case. Even with regard to the alleged September 28, 2025, violation, the file consists of passive tense conclusory statements by unknown persons combined with quotations and statements of law. No one single person identifies himself or herself and states (in writing or in oral testimony) “I did this” or “I saw that” or “I concluded X.” Mr. Scarry is correct. The file consists of accusations and legal and factual conclusions. “The burden of proof is on the city” and “The city has not provided any concrete proof.” I also note that, while I do not need to rule on this issue here, Mr. Scarry’s other defense, i.e., that he cannot be held liable for the actions of his tenants, has some traction. While I know that Municipal Code Section 9.12.110.D imposes liability on landowners under certain circumstances in the Noise Ordinance context, I am not aware of a similar Code provision or law providing for landlord liability in other contexts. If these types of assertions are to be made, I will need to see some citations to legal authority. Based on the evidence and statements provided by all parties, Citation 42008 and the fines of $100 and $500 are revoked. Signed by: Hearing Officer Alex S. Karlin on March 1, 2026. PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On March 9, 2026, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL DECISION to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Email: [X]By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X]By Certified United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I completed and attached to the envelope the additional form required for this type of delivery. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [X]Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 9, 2026, at San Luis Obispo, California. _____________________________ Amel Belghoul "'~ 0t, k\tor1\ey 'J o((t'u._ )} City of San Luis Obispo r/J 990 Palm Street, San Luis Obispo, CA 93401-3249 ? slocity.org 11111 11 ~ 11111 9589 0710 5270 1503 1315 88 David scarry