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Real Briefings

Bellingham Hearing Examiner

BEL-HEX-2024-09-27 September 27, 2024 Public Hearing City of Bellingham
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The Bellingham Hearing Examiner conducted a vehicle impound appeal hearing on September 27, 2024, for Catherine Valente, who contested towing and storage charges totaling $420.13 after her van was impounded from a downtown loading zone. The case presents a complex intersection of parking enforcement, disability accommodations, and housing insecurity, as Valente lives in the van with her husband and two cats. Valente's van was photographed at 2:19 PM parked in a loading zone and was still there at 3:06 PM, exceeding the 30-minute limit established by Bellingham Municipal Code. The tow truck arrived at 3:13 PM and the towing was completed by 4:18 PM. Valente argued the delay was due to her husband experiencing micro seizures from a brain bleed, requiring additional monitoring time during their loading process. The hearing revealed several policy tensions: the city's strict enforcement regardless of circumstances, the towing company's adherence to state-mandated rates with no hardship considerations, and the appellant's medical emergency and housing situation. Hearing Examiner Sharon Rice indicated she would include vehicle impound issues as the main topic in her annual report to City Council, seeking guidance on handling such situations. The technical aspects were straightforward - the violation was documented with timestamped photos showing the van exceeded the 30-minute limit. However, the human circumstances raised questions about enforcement discretion and accommodation for disabilities and housing insecurity.

**No formal decisions were made during this hearing.** This was an appeal hearing where testimony and evidence were collected. Hearing Examiner Sharon Rice has 10 business days (until October 11, 2024) to issue a written decision on whether the $…

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The hearing highlighted three key policy areas requiring potential Council guidance: **Enforcement Discretion for Medical Emergencies:** Valente testified her husband was experiencing micro seizures from a brain bleed, requiring additional monitoring time. Current city policy shows no accommodation for medical emergencies, with Parking Technician Stephanie Mays stating "if it's in violation and it's impoundable, they get impounded." **Signage and Public Notice:** Valente argued there was insufficient signage indicating the 30-minute limit in loading zones. Mays confirmed that loading zones are 30 minutes "unless the sign says otherwise," but acknowledged this may not be clear to the general public. The municipal code sta…
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**Catherine Valente (Appellant):** - Contests the fees as excessive given the brief actual towing time (vehicle picked up 15 minutes after arrival at yard) - Argues insufficient signage failed to communicate 30-minute limit - Presents medical emergency (husband's seizures) as extenuating circumstance - Emphasizes financial hardship as unemployed individuals living in the impounded vehicle - Provided medical records documenting husband's brain bleed and seizure condition **Stephanie Mays (City Parking Technician):** - Documents clear municipal code violation with timestamped photos showing 47-minute parking …
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**Sharon Rice (Hearing Examiner), on policy guidance:** "Vehicle impounds is going to be the main topic that I'm going to present to Council this year. And so I'm going to take the things that I have heard people experience through the process and share that information with city council and ask more guidance from them about how to handle situations." **Catherine Valente, on the medical emergency:** "My husband was having micro seizures, and so I needed to take the time to monitor him and mak…
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**October 11, 2024:** Deadline for Hearing Examiner Rice to issue written decision on the appeal. **City Council Report:** Rice indicated vehicle impound policies will be the main topic of her annual report to City Council, potentially leading to polic…

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The hearing created a formal record of the vehicle impound appeal with testimony from all parties and submission of photographic and medical evidence. The case is now under advisement pending the Hearing Examiner's written decision by October 11, 2024.…
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# Vehicle Impound Appeal Hearing: When Home is a Van and Life Gets Complicated On the morning of September 27, 2024, Bellingham Hearing Examiner Sharon Rice convened a virtual hearing that would reveal the human complexity behind what might seem like a routine parking violation. What began as a straightforward vehicle impound appeal would evolve into a window on housing insecurity, medical emergencies, and the sometimes rigid enforcement of municipal codes. The case file numbers HE-24-VI-028 and 24-PW-01403 represented an appeal filed by Catherine Valente, challenging not the validity of her van's impoundment, but the $420.13 in towing and storage charges she had been forced to pay. As the hearing unfolded, plagued by technical difficulties that seemed to mirror the complications of the case itself, it became clear this was more than a simple dispute over parking fees. Rice, who works as hearing examiner for Bellingham and about ten other jurisdictions in Western Washington, opened by explaining her role: "I'm not a city employee, and I haven't prejudged this appeal. I've come here with an open mind to issue an impartial decision." She would have ten business days to render her decision, due by October 11th. ## The City's Case: By the Book Enforcement Stephanie Mays, a parking technician with the City of Bellingham, testified first, though her testimony was hampered by persistent audio problems that would plague much of the hearing. Speaking through what Rice described as "tinny and far away" audio, Mays methodically laid out the enforcement action. "During our normal metered routes downtown the vehicle was observed parked in a loading zone longer than 30 minutes," Mays explained. The city's automated license plate reader system had first flagged the van at 2:19 PM, and parking enforcement began their timer. They photographed the vehicle with date and time stamps, then returned to ch…
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### Meeting Overview The Bellingham Hearing Examiner held a vehicle impound appeal hearing on September 27, 2024, presided over by Sharon Rice. Catherine Valente appealed the towing and storage charges after her van was impounded from a downtown loading zone, arguing the fees were excessive given the circumstances and lack of clear signage about time limits. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who contracts with cities to hear appeals and make impartial decisions on municipal matters like vehicle impounds. **Loading Zone:** A designated area where vehicles can temporarily park for loading/unloading, with a 30-minute limit under Bellingham Municipal Code unless otherwise posted. **Impound:** The city's removal and storage of a vehicle that violates parking regulations, with fees charged to the owner for towing and storage. **State Patrol Rates:** Standardized towing and storage fees set by Washington State that licensed tow operators must follow, ensuring uniform pricing across operations. **Appeal Process:** A formal hearing where vehicle owners can contest impound decisions or fees, with testimony under oath and evidence presentation. **Tire Stem Documentation:** A parking enforcement technique using photographs of tire valve stem positions to prove a vehicle hasn't moved during monitoring. **Executive Session:** Not applicable to this hearing, but the examiner has 10 business days to issue a written decision after considering all evidence. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Catherine Valente | Appellant (vehicle owner) | | Stephanie Mays | City Parking Technician | | Chris Heston | Owner, Heston Towing | | Ms. Bowker | Hearing Clerk | ### Backg…
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Public Safety Government Operations Bellingham Public Works Heston Hauling Washington State Patrol Catherine Valente Chris Heston Sharon Rice Stephanie Mays Disability Accommodation Hearing Examiner Housing Insecurity Loading Zone Medical Emergency Municipal Code Municipal Court Expansion Parking Enforcement Signage Towing Fees Vehicle Impound