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City of Bellingham Hearing Examiner

BEL-HEX-2025-03-10 March 10, 2025 Public Hearing City of Bellingham 34 min
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The City of Bellingham Hearing Examiner heard an appeal from Nathan Gerber challenging the impound of his 2004 Toyota RAV4 from the 200 block of North Forest Street on February 25, 2025. The vehicle was towed from a residential parking zone after being found without a visible parking permit or visitor pass displayed. The case highlights ongoing tensions between the city's residential parking enforcement and the practical challenges faced by college-age renters in multi-unit housing near Western Washington University. Gerber's residence at 225 North Forest Street houses 10 people across four separate units but is only allocated four parking permits and four visitor passes under city code. Parking Code Compliance Officer Stephanie Mays testified that the city had received seven complaints about parking violations on three streets in the area between January 23 and February 19, 2025. Staff responded five times before scheduling a coordinated tow operation for February 25 that targeted more than 10 vehicles. Gerber's vehicle had received one prior ticket on February 19 before being towed. Gerber acknowledged his car was legally subject to towing but argued the enforcement was excessive and that the city had failed to provide adequate tools for residents to demonstrate their legitimacy. He testified that his visitor pass had fallen to the floor of his vehicle during rainy weather the night before and he forgot to redisplay it. Hearing Examiner Sharon Rice will issue a written decision by March 24, 2025.

**Primary Issue:** Appeal of vehicle impound validity - **Case Status:** Under advisement, decision due March 24, 2025 - **Legal Standard:** Appellant bears burden of proof to challenge impound validity - **City's Position:** Vehicle was legally towed from marked tow-away zone without valid permit displayed - **Appellant's Position:** Enforcement was excessive and city failed to pr…

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The hearing exposed systemic challenges with residential parking enforcement in areas with high-density student housing. The property at 225 North Forest Street exemplifies the problem: a single-family home converted to four units housing 10 residents, but city code limits the address to four parking permits and four visitor passes total. Mays explained that additional permits beyond the standard allocation require approval from the Public Works Director and must be requested by the property owner or manager, not individual tenants. The license plate registration system allows vehicles with permits to park without displaying physical stickers, but visitor passes must remain visible because they're not entered in the…
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**Sharon Rice (Hearing Examiner)** clarified her limited authority to interpret existing code rather than change policy, encouraging Gerber to address broader concerns to City Council. She committed to including observations about multi-unit housing challenges in her annual report to Council. **Stephanie Mays (Parking Code Compliance Officer)** defended the enforcement action as legally justified and noted the property already receives special treatment with four permits instea…
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**Nathan Gerber, on accepting responsibility:** "The city and the Tow Company were well within their rights to tow my car. There was a sign, there was a towway zone. My pass fell down and was not visible where it should have been." **Nathan Gerber, on systemic unfairness:** "I believe this this rule that that the city has created is unfairly targeting our house... there's a total of 10 people living in that dwelling with 4 visitor passes allowed." **Stephanie Mays, on complaint-driven enfor…
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- **March 24, 2025:** Hearing Examiner decision due - **Ongoing:** Continued complaint-driven enforcement in the North Forest/Cedar/Garden Street area - **Future Council Engagement:** Gerber indicated plans to a…

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The hearing established a formal record challenging residential parking enforcement practices in high-density student housing areas. While no immediate policy changes resulted, the proceeding documented specific concerns about permit allocation fairness that will be forwarded to City Council through the Hearing Examiner's annual r…
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## Meeting Overview On March 10, 2025, Hearing Examiner Sharon Rice convened an afternoon vehicle impound appeal hearing via Zoom for the City of Bellingham. Rice, an attorney who provides hearing examiner services to Bellingham and approximately nine other municipalities, presided over Case HE 25-VI-0003, filed by Nathan Gerber to appeal the impoundment of his 2004 Toyota RAV4. The case centered on a fundamental tension in university-adjacent neighborhoods: how parking enforcement affects students living in converted housing where multiple people share limited parking permits. The hearing revealed a complex situation involving a house at 225 North Forest Street that had been divided into four separate units, housing ten people total with only four parking permits and four visitor passes between them all. What began as a routine parking violation had evolved into a broader question about whether current city policies adequately serve residents of unconventional housing arrangements near Western Washington University. ## The Parking Enforcement Action Stephanie Mays, Parking Code Compliance Officer II, opened the city's case by describing a pattern of complaints that had drawn enforcement attention to the Cedar, North Forest, and North Garden Street area. Between January 23 and February 19, 2025, the city had received seven separate complaints from area residents about parking violations in the residential permit zone covering the 300-400 block of Cedar Street, 200-400 blocks of North Forest Street, and 200-300 block of North Garden Street. "Parking staff responded 5 times during that month," Mays testified, visiting on January 24, January 31, February 12, and February 19. The enforcement approach was deliberately graduated: "The reason we visit out there is to remind folks to either get their permits or to get their passes up before we take the step to tow vehicles. So we're not just going out there on the first complaint and removing them." By February 19, enforcement had es…
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### Meeting Overview The Bellingham Hearing Examiner conducted a vehicle impound appeal hearing on March 10, 2025, regarding Nathan Gerber's appeal of the impound of his 2004 Toyota RAV4 from North Forest Street on February 25, 2025. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who conducts quasi-judicial hearings for the city, reviewing appeals and making legally binding decisions on matters like parking violations and impounds. **Residential Parking Zone:** A designated area where only residents with valid permits or visitors with visible passes can park during specified hours (8 AM to 5 PM, Monday-Friday in this case). **Visitor Pass:** A temporary parking permit that must be hung from the rearview mirror or placed on the dashboard, allowing non-residents to park in residential zones for short periods. **Residential Parking Permit:** A sticker that goes on the rear bumper or rear window of a vehicle, registered to a specific address and license plate in the city's system. **Tow Away Zone:** An area where vehicles can be immediately impounded if parked in violation of posted restrictions during enforcement hours. **Civil Penalty:** The standard fine for parking violations, typically $30, separate from towing and storage costs. **Automated License Plate Reader (ALPR):** Technology used by parking enforcement to scan license plates and check them against the database of valid permits. **Appellant:** The person appealing a city decision - in this case, Nathan Gerber challenging the validity of his vehicle impound. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney for Bellingham) | | Stephanie Mays | Parking Code Compliance Officer II, City of Bellingham | | Nathan Gerber | Appellant (resident appealing vehicle impound) | | Ms. Bowker | Hearing Clerk | ### Background Context This case arose from ongoing parking problems in a residential area near Western Washington University campus. The Cedar Street, North Forest Street, and North Garden Street neighborhoods have residential parking zones specifically to prevent students from parking on residential streets and walking to campus. Between January 23 and Februar…
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Transportation & Infrastructure Government Operations Case He 25 Vi 0003 City Of Bellingham Finance Department Heston Towing Public Works Department Bayer Johnson Nathan Gerber Sharon Rice Stephanie Mays Place North Forest Street College Students Multi Unit Housing Parking Enforcement Parking Permits Residential Parking Student Housing Tow Away Zone Vehicle Impound Visitor Passes