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Bellingham Hearing Examiner

BCC-2024-12-10 December 10, 2024 Committee Meeting City of Bellingham
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Bellingham Hearing Examiner Sharon Rice conducted a virtual vehicle impound appeal hearing for Nancy Witter, who challenged the November 14, 2024 towing and impound of a Toyota Camry from Inverness Lane. The case centered on whether proper notice was provided before the vehicle was towed under the city's 72-hour parking ordinance. Witter argued she never received timely notice of the impending tow, with the postal notification arriving on the same day the vehicle was being towed. The city's parking enforcement officer testified that he followed standard procedures, including placing an orange warning sticker on November 10 and personally mailing a notification card due to the Veterans Day holiday. The towing company, Heston Hauling, charged $600.05 for the one-hour-15-minute tow and same-day storage. The hearing revealed systemic questions about notification procedures and public awareness of Bellingham's 72-hour parking rule. The case involved family members using each other's vehicles during a medical emergency, with the car parked in front of a relative's house rather than randomly abandoned. Hearing Examiner Rice will issue a written decision by December 29, 2024.

This was an administrative hearing with no formal votes taken. The hearing examiner will issue a written decision within 10 business days (by December 29, 2024) determining whether to: - Uphold the vehicle…

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The hearing explored the intersection of Bellingham Municipal Code 11.30.60.A25 (72-hour parking limit) with RCW 46.55.085 (state requirements for vehicle impound procedures). The city's position was that the orange warning sticker constitutes legally sufficient notice under state law, with the mailed notification serving as an additional courtesy that is not legally required. Witter's appeal raised broader questions about public awareness of the 72-hour rule and the …
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**Nancy Witter (Appellant):** Argued the tow was improper because she never received timely notice, with the postal notification arriving the same day as the tow. Emphasized the vehicle was legitimately parked in front of a family member's house during a medical emergency, not abandoned. Challenged both the tow decision and the $600.05 in fees. **Christopher Lieb (Co-appellant):** Supported Witter's testimony and clarified that the vehicle was parked where the niece normally parks, directly in front of 1116 Inverness Lane. Testified he didn't notice the o…
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**Nancy Witter, on the notification timing:** "We did not receive this notice until probably about the time the car was being towed. The postmark date on the card is November 12th. So it did not get postmarked until after the holiday." **Andrew Schutte, on legal requirements:** "The sticker itself is considered by the state of Washington to be sufficient reasonable effort to inform a registered owner that their vehicle is pending impound. The mailer itself is an additional tool for us to make…
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Hearing Examiner Sharon Rice will issue a written decision by December 29, 2024 (extended from December 24 due to city holidays). The decision will determine whether the vehicle impound was proper and whether the $600.05 in towing and storage fe…

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The hearing record was expanded from four exhibits to five with the addition of Witter's postal documentation. The decision deadline was extended from December 24 to December 29 due to city holiday schedules. The case established that Bellingham parking enforcement officers sometimes deviate from standard mailing procedur…
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**Meeting ID:** BEL-HEX-2025-12-10 ## Meeting Overview On December 10, 2025, Bellingham Hearing Examiner Sharon Rice convened a virtual Zoom hearing to consider an appeal of a vehicle impoundment. The case, filed as HE25-VI-045, was brought by Nancy Witter challenging the city's decision to tow and impound her vehicle, as well as the associated towing and storage fees. The hearing examiner, an attorney under contract with Bellingham and eight other Western Washington jurisdictions, presided over what would prove to be a straightforward but poignant case involving family circumstances, holiday mail delays, and municipal parking enforcement. The hearing followed a structured format with testimony from Andrew Schutte, the city's parking code compliance officer; Chris Heston from Heston Hauling, the towing company; and the appellants Nancy Witter and Christopher Lieb. What emerged was a case that highlighted the intersection of rigid municipal codes with human circumstances — a family using a relative's vehicle to help during a medical emergency, unaware of the 72-hour parking limit, and receiving notice of the violation only as their car was being towed. Rice made clear from the outset that the appellant bore the burden of proof to demonstrate error in the city's impoundment decision, setting up what would become a test of whether procedural compliance trumps compassionate consideration of circumstances. ## The City's Case: By-the-Book Enforcement Andrew Schutte, a Level 1 parking code compliance officer, methodically laid out the city's enforcement action. His testimony revealed a process that followed established procedures with attention to detail that bordered on forensic precision. The sequence began November 9th when a community member reported a black Toyota Camry with license plate CPT 3330 parked at the corner of Inverness Lane and Likely Drive, allegedly unmoved for ten consecutive days. "I responded the following day on 1110," Schutte testified, using the date format common in law enforcement. "I arrived at t…
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