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City of Bellingham Hearing Examiner

BEL-HEX-2025-02-11 February 11, 2025 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for Erica Irizarris, who challenged both the validity of the impound and the associated towing and storage fees for her 2003 Jeep Grand Cherokee. The vehicle was impounded on February 4th by Bellingham Police Department and towed by Heston Hauling. Irizarris testified that her vehicle broke down unexpectedly around midnight on Northwest Drive due to a blown radiator hose in freezing conditions. After struggling with the overheating vehicle for nearly two hours, she parked it on Horton Road under a streetlight, positioned as far right as possible to avoid obstructing traffic. She walked home (0.9 miles) to get antifreeze and water, intending to return immediately to fix the vehicle and drive it home. When she returned approximately two hours later, the vehicle had been towed. The police statement indicated the vehicle was impounded because it was obstructing a bike lane and protruding into the vehicle travel lane, creating a potential traffic hazard for morning commuters. Heston Hauling provided standard testimony about their authorized towing procedures, rates set by Washington State, and current storage charges. Hearing Examiner Sharon Rice took the matter under advisement and will issue a written decision within 10 business days (by February 26th) determining whether the impound was proper and whether the towing and storage fees should be upheld or waived.

No formal votes were taken as this was an administrative hearing. The Hearing Examiner will issue a written decision within 10 business days (by February 26, 2025) on: - Whether the vehicle impound was legally justified - Whether the towing and storage fees (…

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The central issue was whether an unattended vehicle experiencing mechanical failure constitutes grounds for immediate impoundment under city ordinances. The case presents competing interpretations of "abandoned vehicle" - whether it requires intent to permanently leave a vehicle versus simply being temporarily unattended. Irizarris argued the impound was improper because: the vehicle was not abandoned but temporarily left due to mechanical failure; she intended to return immediately with supplies to repair it; there was no signage prohibiting parking; the location was not obstructing traffic at that hour (2:40 AM); and …
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**Erica Irizarris (Appellant)** argued the impound was unjustified because she did not abandon the vehicle but was forced to leave temporarily due to mechanical breakdown in dangerous weather conditions. She emphasized her intent to return immediately, the late hour with no traffic, and lack of warning signs or contact attempts. **Bellingham Police Department** (via written statement) justified the impound based on the vehicle's position obstructing bike lanes and prot…
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**Erica Irizarris, on her situation:** "I was going at night to do some doordash because I needed to pay my phone bill in a couple of days, and I needed to make the money to pay my phone bill." **Irizarris, on the breakdown:** "All of a sudden, suddenly the radiator hose blew off and there was smoke water, you know everything coming out of the front hood." **Irizarris, on her intent:** "It was an unexpected breakdown but I didn't abandon it. I…
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- **February 26, 2025:** Deadline for Hearing Examiner's written decision - **Upon decision issuance:** City staff will format and email the decision to all parties (appellant, towing company, poli…

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The hearing established a complete factual record for the Hearing Examiner's determination. Key facts now on record include the specific timeline of events, weather conditions, vehicle positioning details, and the appellant's financial hardship circums…
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## Meeting Overview On February 11, 2025, Bellingham Hearing Examiner Sharon Rice convened a virtual impound appeal hearing to decide a case that would ultimately turn on competing interpretations of what constitutes proper procedure when a vehicle breaks down in the early morning hours. The hearing, conducted via Zoom, brought together Erica Irizarris, whose 2003 Jeep Grand Cherokee had been towed from Horton Road in the early morning hours of February 4, Chris Heston of Heston Hauling towing company, and city staff member Ms. Bowker. What began as a routine vehicle breakdown on a snowy February night had escalated into a $1,370 dispute over whether the city and its contracted towing company had acted properly in removing an allegedly abandoned vehicle. The case presented a stark human dimension that would permeate the entire proceeding: Irizarris, caring for her sick mother while dealing with her own medical challenges including a recent pregnancy loss and health complications, found herself fighting to recover her only means of transportation after what she described as an emergency vehicle breakdown that lasted less than two hours. The hearing would reveal competing narratives about the events of that cold February morning and raise questions about the balance between traffic safety enforcement and consideration for citizens facing unexpected emergencies. ## The Towing Company's Account Chris Heston, owner of Heston Hauling, presented his company's role in straightforward terms that emphasized adherence to established procedures and state-regulated pricing. "Mine, as you've heard before, it goes pretty simple. We go back to the impound invoice," Heston testified, referring to the detailed timeline his company maintained of the towing operation. According to his records, Bellingham Police Department requested their services at 3:04 AM on February 4, 2025. The company dispatched a truck one minute later at 3:05 AM, with the driver arriving on scene at 3:38 AM. The actual towing process, Heston explained, began at 3:43 AM and was completed when the vehicle arrived at the towing yard at 4:08 AM, with all paperwork cleared by 4:20 AM. "For a total of 1 hour and 15 minutes," Heston noted. "Everything was slower that day, as you can see from all the photos. We had a lot of snow, a lot of ice, so everything took time." When it came to the financial aspects of the towing operation, Heston was careful to emphasize that his company's rates were not arbitrar…
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