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Bellingham Hearing Examiner

BEL-HEX-2024-12-13 December 13, 2024 Public Hearing City of Bellingham 45 min
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing via Zoom on December 13, 2024, regarding Christopher Cicero's challenge to towing fees for his 2012 Honda Accord. The vehicle was impounded from a residential permit zone near Western Washington University on November 14, 2024, after being illegally parked without proper permits or visitor passes. Hearing Examiner Sharon Rice presided over the proceeding, which included testimony from City Parking Code Compliance Officer Tony Turner, Heston Towing owner Chris Heston, and appellant Christopher Cicero. While Cicero conceded his vehicle was illegally parked and subject to towing, he disputed the decision to tow the vehicle to Ferndale rather than a closer Bellingham location, arguing this resulted in excessive charges. The hearing concluded with an unexpected resolution when Chris Heston acknowledged the appellant's concerns were valid. Heston agreed that towing the vehicle to Ferndale when the Bellingham yard was apparently full was unfair to the customer and voluntarily offered to refund $200 plus tax representing the additional half-hour of towing time attributable to the longer distance.

**Vehicle Impound Upheld:** The hearing examiner implicitly upheld the original impound as proper, with no challenge to the city's enforcement action in the residential permit zone. **Partial Fee Refund Granted:** Heston Towing voluntarily agreed to refund $200 plus tax to Christopher Cicero, r…

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The case highlighted enforcement practices in residential permit zones near Western Washington University, where the city has established tow-away zones in response to persistent parking violations by students. Officer Turner testified that the area receives numerous complaints and requires consistent enforcement due to repeat offenders who ignore tickets and signage. The primary policy issue centered on towing company practices regarding which impound lot to use when multi…
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**Christopher Cicero (Vehicle Owner):** Accepted full responsibility for the illegal parking violation but challenged the towing company's decision to use a distant lot. Argued this constituted an "excessive and unnecessary financial burden" and requested fee adjustment for fairness. **Tony Turner (City Parking Enforcement):** Defended the impound as proper enforcement in a residential …
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**Christopher Cicero, on the core issue:** "The vehicle was towed from Bellingham to Ferndale, which is not the closest storage lot. There was an available lot closer to the point of tow, including within the city of Bellingham." **Christopher Cicero, on company practices:** "When I inquired about this, the Towing company representative admitted this decision was based on their policy to keep the lots evenly filled. This demonstrates that the towing location was not determined by necessity o…
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Heston Towing will mail a refund check for $200 plus tax to Christopher Cicero's Seattle address. No further hearing or formal decision from the hearing examiner is required, as the matter was reso…

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The appeal resulted in a partial refund of towing fees, establishing that towing companies may be held accountable for lot selection decisions that impose unnecessary costs on vehicle owners. The case…
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# A Tale of Fairness: When a Towing Company Steps Up ## Meeting Overview On the crisp morning of December 13, 2024, Hearing Examiner Sharon Rice convened a vehicle impound appeal hearing that would demonstrate an all-too-rare quality in municipal proceedings: genuine accountability. What began as a routine challenge to towing fees evolved into a moment of unexpected corporate responsibility, as the owner of Heston Towing voluntarily acknowledged unfair practices and offered immediate restitution. The case involved Christopher Cicero's appeal of storage fees for his 2012 Honda Accord, which had been impounded from a residential permit zone near Western Washington University. While the impound itself was undisputed—the vehicle was clearly parked illegally—Cicero questioned whether his car should have been towed to Ferndale when closer storage lots were available. What made this hearing remarkable was not the challenge itself, but the towing company owner's frank admission of fault and immediate offer to make things right. Participating in the virtual hearing were Rice as the presiding examiner, Tony Turner from Bellingham's parking enforcement division, Chris Heston calling in by phone from Heston Towing, and Cicero representing himself as the appellant. The hearing clerk, Christy Bowker, managed the technical aspects of the Zoom proceeding, ensuring all testimony would be properly recorded for the official record. ## The City's Case: A Clear Violation Tony Turner, Bellingham's parking code compliance officer, methodically presented the city's evidence for the November 14, 2024 impound. His testimony painted a picture of ongoing enf…
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### Meeting Overview The City of Bellingham Hearing Examiner held an impound appeal hearing on December 13, 2024, regarding Christopher Cicero's challenge to storage fees for his son's 2012 Honda Accord that was towed from a Residential Permit Zone. The hearing resulted in a partial refund after the towing company acknowledged the vehicle was unnecessarily towed to a more distant facility. ### Key Terms and Concepts **Hearing Examiner:** An attorney who conducts quasi-judicial hearings for the city, similar to a judge but for administrative matters like parking violations, code enforcement, and appeals. **Residential Permit Zone (RPZ):** A parking restriction area near WWU where residents can register their vehicles for parking privileges, while non-residents need visitor passes or face ticketing and towing. **Prima Facie Burden:** The initial legal requirement for the city and towing company to prove their actions were proper before the appellant must prove they were wrong. **Class A Tow:** The smallest category of tow truck under state licensing, used for regular passenger vehicles, with rates set by state regulations. **Visitor Pass:** A permit that RPZ area residents can give to guests, allowing temporary parking within one block of the resident's address. **License Plate Reader:** Technology used by parking enforcement vehicles to automatically scan and check if parked cars have valid permits. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Bellingham Hearing Examiner (Attorney) | | Christopher Cicero | Vehicle owner/appellant | | Tony Turner | City Parking Code Compliance Officer | | Chris Heston | Owner of Heston Towing/Hes…
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Public Safety Government Operations City Of Bellingham Heston Towing Western Washington University Chris Heston Christopher Cicero Christy Bowker Sharon Rice Tony Turner Hearing Examiner Parking Enforcement Public Safety Residential Permit Zone Towing Fees Vehicle Impound