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Real Briefings

Hearing Examiner

BEL-HEX-2024-10-16 October 16, 2024 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for Case 24-PW-03178, challenging the September 11, 2024 impoundment of a school bus that serves as appellant Minda Berwick's home. Berwick, who is disabled and has lived in the bus for three years, contested both the validity of the impound and the towing fees totaling over $2,000. The case centers on whether proper notice was given and whether the city followed its procedures for a vehicle parked on West Bakerview Road for over 72 hours. The city's parking enforcement testified they provided multiple warnings starting September 3rd, granted extensions, and followed proper procedures before impounding on September 11th. Berwick argued she believed she had until 12:30 PM that day to move the vehicle, had called for another extension that morning, and was actively cleaning the bus to address a rodent problem when the tow truck arrived. She contended the bus was running and ready to move when blocked by city vehicles. Key disputes emerged over whether Berwick actually spoke to city staff on the morning of September 11th for an additional extension, whether the towing company's hourly rates comply with state law, and whether the impound was premature given the circumstances. The hearing examiner will issue a written decision by October 30, 2024.

This was an appeal hearing with no formal votes. The hearing examiner will issue a written decision within 10 business days (by October 30, 2024) determining whether to uphold or overturn the impound and associated fees. **Ca…

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The hearing focused on the city's 72-hour parking ordinance and impound procedures. Parking Technician Stephanie Mays testified that complaints were received about vehicles in the area, which is outside the normal parking management zone. The city coordinates with solid waste teams and Bellingham Police for safety when issuing notices in such areas. The standard procedure involves posting a 72-hour notice to move, followed by impoundment if the vehicle hasn't moved. In this case, the notice was issued September 3rd, with an initial extension granted to September 8th, then a verbal extension to September 11th at 11:00 AM. A central policy qu…
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**Minda Berwick (Appellant):** Argued the impound was invalid because she had called for an extension on the morning of September 11th and believed she had until 12:30 PM to move. Emphasized her disability status, the bus serving as her only home, and her vulnerability to homelessness. Contended the vehicle was running and ready to move when blocked by city vehicles. Challenged both the validity of the impound and the fee amounts. **Joshua Shannon (Appellant's companion):** Supported Berwick's account and researched state law regarding towing fees, citing RCW 46.55.118 and arguing the hourly rates exceeded legal limits. **Stephanie Mays (Parking Technician):** Maintained prope…
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**Minda Berwick, on her living situation:** "This is where I live. This is my only vehicle. It's my home. And due to being disabled, sleeping outside isn't an option. And due to my income, an apartment's not an option either. I've been on the list for apartments through opportunities for years." **Berwick, on the morning of the impound:** "As soon as she showed up, the bus was running. I mean, we could pull away at any time. They blocked me in with vehicles so that I couldn't leave." **Steph…
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The hearing examiner will issue a written decision by October 30, 2024, determining whether to uphold or overturn the vehicle impound and associated fees. The decision will be sent to hearing clerk…

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The appeal hearing created a formal record for the hearing examiner's decision on Case 24-PW-03178. The proceeding established competing narratives about the events of September 11th, particularly reg…
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# Vehicle Impound Appeal: When Home is What's Being Towed ## Meeting Overview On a quiet Wednesday afternoon in October, Hearing Examiner Sharon Rice convened a virtual hearing that would determine whether Minda Berwick could recover the fees she paid to retrieve her home from an impound lot. The case, number 24-PW-03178, centered on a motorhome that served as both vehicle and residence for Berwick, a disabled woman who had been living in the converted school bus for three years along West Bakerview Road. The hearing, conducted entirely over Zoom, brought together city parking enforcement officials, a towing company owner, and two residents whose lives had been upended by what they viewed as an overly aggressive enforcement action. What emerged was a story that highlighted the complex intersection of municipal code enforcement, housing insecurity, and the human cost of bureaucratic processes. Present for the October 16th hearing were Stephanie Mays, the parking technician who initiated the impound; Chris Heston, owner of Heston Hauling; Assistant City Attorney Matt Stamps; Parking Supervisor Raul Murillo; and the appellants, Minda Berwick and Joshua Shannon. The case would turn on questions of timing, communication breakdowns, and whether proper procedures were followed when the city ordered Berwick's home to be towed. ## The Pattern of Enforcement The story began in early September when the city received complaints about vehicles parked along West Bakerview Road, outside the normal parking management zone. Stephanie Mays, a parking technician with the City of Bellingham, explained the city's response: "Once we receive those complaints, because they are outside our normal parking management zone, we coordinate with our solid waste team and Bellingham police officers to visit and provide a 72-hour notice to move." On September 3rd, Mays and other city officials arrived at the site where Berwick's converted school bus was parked in a grass strip across from 1650 West Bakerview Road. What made this visit different from typical enforcement actions was that Berwick and Shannon were present when the officials arrived. "Since Miss Berwick and I'm assuming husband, that's what I've been told, were present, we did not stick the sticker to the vehicle as they requested. We handed it to them," Mays testified. This personal interaction revealed something significant about the enforcement pattern in this area. As Mays would later acknowledge, "This isn't the fi…
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### Meeting Overview The City of Bellingham Hearing Examiner, Sharon Rice, conducted a virtual hearing to consider an appeal of a vehicle impound submitted by Minda Berwick. This was an administrative hearing to determine whether the impound of Berwick's motorhome/bus was valid and whether the towing and storage fees charged were appropriate. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney appointed by the city council to hear appeals and make decisions on administrative matters like vehicle impounds, separate from regular city staff. **72-Hour Notice:** A warning given to vehicle owners that their vehicle must be moved within 72 hours or face impoundment, typically issued via orange sticker placement. **Class C Tow Truck:** Heavy-duty towing equipment required for vehicles over 30 feet in length due to weight and size requirements. **RCW (Revised Code of Washington):** State laws that govern various activities, including towing regulations and fee structures. **Public Right-of-Way:** City-owned or controlled streets, sidewalks, and adjacent areas where parking regulations are enforced. **Impound Appeal:** A formal process allowing vehicle owners to challenge either the validity of an impound or the fees charged. **DOL (Department of Licensing):** State agency that maintains vehicle registration records used for mailing notices to vehicle owners. **Extension:** Additional time granted beyond the initial 72-hour notice period, typically limited to one 24-hour extension. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Minda Berwick | Appellant (vehicle owner) | | Joshua Shannon | Helper/companion to appellant | | Stephanie Mays | City Parking Tech…
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Housing Public Safety Social Services Government Operations Bellingham Police Heston Hauling Opportunity Council Chris Heston Joshua Shannon Matt Stamps Minda Berwick Raul Murillo Sharon Rice Stephanie Mays Disability Rights Homelessness Housing Policy Vehicle Impound