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City of Bellingham Hearing Examiner

BEL-HEX-2025-04-15 April 15, 2025 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a virtual appeal hearing for Corey and Jamie Locke, who contested the impound of their 2005 Ford F-250 pickup truck and associated towing fees totaling $4,457.01. The couple, who have been living in their vehicle for two years and are currently unemployed and receiving food stamps, argued that the impound was improper and that they cannot afford the fees. The vehicle was impounded on March 26, 2025, after being parked on Lincoln Street for more than the city's 72-hour limit. City staff testified that the truck had received multiple complaints and previous notices since the beginning of the year, and that the Lockes were given eight days total time before the impound occurred. When the tow truck arrived, the couple was in the vehicle but it was out of gas and inoperable. A central issue emerged around whether the city should have accepted a "drop fee" of $250 to release the vehicle immediately rather than proceeding with the full impound. The Lockes testified that friends were present with gas and money to pay the drop fee, which would have allowed them to move the vehicle within minutes. However, city staff declined this option, stating it would take 45 minutes to fuel the vehicle and they could not wait. The hearing examiner will issue a written decision within 10 business days addressing both the validity of the impound and the fees. Under Seattle v. Long precedent, if the vehicle owners are indigent and cannot pay, the fees may be reduced or eliminated entirely, and the vehicle cannot be sold to satisfy the debt since it serves as their homestead.

**Pending Decision:** Hearing Examiner Sharon Rice will issue a written decision by April 29, 2025, determining: - Whether the impound was proper under city code - Whether the towing and storage fees of $4,457.01 should be upheld, reduced, or waived - Timeline for vehicle retrieval if fees are waived **No Formal Votes:** This was an admi…

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The hearing centered on the intersection of municipal parking enforcement and homelessness policy. The city's 72-hour parking rule requires vehicles to move at least one city block every three days, regardless of whether people are living in them. City Attorney Matthew Stamps emphasized that living in a vehicle "does not give people immunity from parking rules." However, the case also highlighted the practical challenges of enforcing these rules against people experiencing homelessness. The Lockes explained they move regularly between blocks on Lincoln Street but sometimes face mechanical issues or lack funds for gas. They had previously received three notices on Lincoln Street since the beginning of 2025. A significant policy question emerged around the city's discretion in offeri…
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**Corey and Jamie Locke (Appellants):** Argued the impound was improper because they were present, willing to move the vehicle, and had friends ready to pay the drop fee and provide gas within minutes. They are unemployed, receiving food stamps, and have been living in their truck for two years after depleting savings caring for their son following an accident. They cannot afford any portion of the $4,457.01 in fees. **Stephanie Mays (City Code Compliance):** Defended the impound as proper after the vehicle exceeded the 72-hour limit and received multiple previous notices. She testified that the drop fee was declined because the vehicle was inoperable and would have taken 45 minutes to fuel, during which staff could not leave the scene. She n…
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**Sharon Rice, on the hearing process:** "I can only consider evidence that is offered before the close of the record, and the record will end at the end of the hearing." **Corey Locke, on their living situation:** "We live in our home and live in our truck right now. It sucks. It's not really what we like to be doing, but it's what we're doing." **Stephanie Mays, on the drop fee decision:** "We opted to not do the drop fee, even if it was paid in that moment, because it was going to take a…
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**April 29, 2025:** Deadline for Hearing Examiner Sharon Rice to issue written decision on the appeal. **If fees are waived:** The Lockes indicated they can retrieve the vehicle immediately with friends' assistance and have gas ready. The city attorney requested a 48-hour deadline for pickup to minimize ongoing storage costs. **Ongoing parking compliance:** Regardless of the impound appeal outcome, the …

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**Legal precedent clarification:** The hearing established that Seattle v. Long precedent applies to Bellingham vehicle impounds, potentially requiring fee waivers for indigent residents whose vehicles serve as homesteads. **Drop fee policy clarification:** The hearing revealed city policies around when drop fees ($250) can be offered versus full impounds, including requirements that vehicles be immediately…
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## Meeting Overview On April 15, 2025, Hearing Examiner Sharon Rice presided over a vehicle impound appeal hearing via Zoom for the City of Bellingham. The case, filed as HE-25-VI-008, involved Corey and Jamie Locke challenging the impound of their 2005 Ford F-250 pickup truck (Washington license plate D91248E) and the associated towing and storage fees totaling $4,457. The hearing brought together city parking enforcement staff, the towing company owner, and the appellants in a proceeding that would ultimately test the boundaries between municipal parking enforcement and homelessness. What made this case particularly significant was that the Lockes were living in their truck — it was their home, not just their vehicle. This fact would prove central to both their appeal and the legal framework that would govern the hearing examiner's decision. The couple, both unemployed and receiving food stamps, faced the loss of not just transportation but their entire living situation. The hearing followed standard procedure for impound appeals, with testimony from city staff first, then the towing operator, and finally the appellants. Technical difficulties with audio plagued the early proceedings, requiring the Lockes to disconnect and rejoin the meeting before testimony could begin in earnest. ## The 72-Hour Parking Violation and Enforcement Timeline The sequence of events began with complaints from the public about a blue pickup truck parked on Lincoln Street. Parking Code Compliance Officer Stephanie Mays testified that the first complaint came in on March 18, 2025, about a vehicle parked over 72 hours. A second complaint arrived March 20th about the same truck on the same street. On March 21st, Mays responded to investigate. She found Corey Locke sitting in the vehicle and personally handed him an orange 72-hour notice sticker. "This is a notice to move within 72 hours," she told him, explaining that if he had questions or needed an extension, he could call the number on the notice. The truck remained in place through the weekend, creating some confusion for the Lockes about whether the 72-hour countdown included weekend days. When Mays returned on March 26th at approximately 10:00 a.m. — five days after issuing the notice — the vehicle had not moved. She verified this by comparing photographs of the tire valve stems from both visits, a standard enforcement technique to confirm a vehicle hasn't been relocated even slightly. Senior Assistant City Attorney …
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### Meeting Overview The City of Bellingham Hearing Examiner held a vehicle impound appeal hearing on April 15, 2025. Corey and Jamie Locke appealed the impound of their 2005 Ford F-250 pickup truck, which serves as their home, and the associated towing and storage fees totaling over $4,400. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney contracted by cities to make decisions on certain appeals and land use matters. Sharon Rice serves as Bellingham's hearing examiner and is not a city employee. **72-Hour Parking Rule:** A Bellingham Municipal Code requirement that vehicles must move at least one city block every 72 hours to avoid being considered abandoned and subject to impound. **Drop Fee:** A reduced fee ($250) that allows vehicle owners to reclaim their vehicle on-site before it's fully impounded, provided the vehicle can be moved immediately. **Indigent/Seattle v. Long:** A legal standard requiring hearing examiners to waive or reduce towing fees for people who cannot afford to pay them and live in their vehicles, as established by the Seattle v. Long court case. **Class B Towing:** A higher rate classification for towing larger or heavier vehicles, charged at $484/hour compared to standard rates. **Heston Hauling:** The contracted towing company that impounded the vehicle and charges $150/day for storage. **Burden of Proof:** The legal requirement that appellants (the Lockes) must prove the impound was improper or the fees are incorrect. **Orange Sticker:** The 72-hour notice placed on vehicles warning owners they must move within 72 hours or face impound. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Corey Locke | Appellant (vehicle owner) | | Jamie Locke | Appellant (vehicle owner) | | Stephanie Mays | City of Bellingham Parking Code Compliance Officer | | Matthew Stamps | Senior Assistant City Attorney | | Chris Heston | Owner, Heston Hauling and Towing | | Christy Bowker | Hearing Clerk (referenced but not present) | ### Background Context The Locke…
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Social Services Government Operations Case Seattle V Long City Of Bellingham Department Licensing Heston Towing Washington State Patrol Chris Heston Christy Bowker Corey Locke Cory Locke Jamie Locke Matthew Stamps Sharon Rice Stephanie Mays 72 Hour Rule Drop Fee Homelessness Homelessness Services Indigent Fee Waivers Indigent Services Lincoln Street Parking Enforcement Seattle V Long Vehicle Impound Vehicle Impound Appeals