City of Bellingham Hearing Examiner

The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing on February 12, 2025, regarding a Subaru towed from Jersey Street on January 31, 2025. The appeal challenged both the validity of the impound and the associated towing and storage fees totaling $819.14. The case arose from escalating enforcement in the 900 block of Jersey Street, a residential permit parking zone. After receiving multiple complaints and issuing 20 tickets over two enforcement visits in January, city parking enforcement scheduled coordinated towing operations with Heston Hauling for January 31st. The appellants' vehicle was among three cars towed that day, having parked directly in front of a "Tow Away Zone" sign while enforcement officers were actively operating with their lights on. Caleb Barville and Paige Yearton, both college students, acknowledged the parking violation occurred but contested the towing fees as excessive. They argued the 20-minute parking duration to drop off tools for ecological restoration work in the nearby Sehome Arboretum did not warrant the substantial financial penalty. The appellants also claimed confusion about city towing policies based on prior communication about abandoned vehicle procedures. City staff testified that Jersey Street has been properly signed as a residential permit zone with tow-away enforcement for multiple years. Parking Code Compliance Officer Stephanie Mays detailed the progressive enforcement approach and explained the distinction between immediate towing in permit zones versus 72-hour waiting periods for abandoned vehicles on non-restricted streets. Towing operator Chris Heston confirmed all fees charged comply with Washington State-approved rates. The hearing concluded without an immediate decision, with Hearing Examiner Sharon Rice required to issue a written ruling within 10 business days by February 27, 2025.

**Case Under Review:** - **File Number:** 25-VI-002 (Impound File 25-PW-00159) - **Vehicle:** Subaru with temporary plate, parked January 31, 2025, at 9:15 AM - **Towed:** January 31, 2025, at 9:54 AM (towed after 20 minutes) - **Released:** February 1, 2025, at 5:23 PM (after hours) - **Total Charges:** $819.14 (towing, storage, and after-hours release fees) - **Decision Pending:** Due by February 27, 2025 **No votes were taken** — this was an administrative hearing with testimony collection only.

**Stephanie Mays, on the distinction between permit zones and abandoned vehicles:** "Any street in the city of Bellingham that is not marked with specific signage as like a Towaway zone, or a residential zone, or a loading zone, etc. Any of those vehicles do have to sit for 72 h. but it depends on where they're at what the signage is and the location." **Caleb Barville, on the financial impact:** "We are both college students under the age of 25. And that fee that fine for yeah. What in essence it was being parked for 20 min. It. It is not fair, it does not fit the crime" **Chris Heston, on state fee regulation:** "At one time it was almost double and triple when it was unregulated. This is completely regulated now by the state it goes by the consumer price index. and how that's calculated is above my head. But we're told what we're allowed to charge" **Stephanie Mays, on the timing of the violation:** "this particular subaru, while we were sitting there waiting for the tow trucks, with our lights on actively enforcing, drove past us, parked in front of the sign, and whoever was driving proceeded to walk up the hill towards the Arboretum." **Caleb Barville, on their community service work:** "we are doing our part to remove invasive plant species and improve the biodiversity and the health of Seahome Arboretum. So Paige's car was parked there because it had the tools that we would be using that afternoon for the work party"

## Meeting Overview On the morning of February 12, 2025, Hearing Examiner Sharon Rice convened a vehicle impound appeal hearing via Zoom for the City of Bellingham. The proceeding, designated as hearing examiner file number 25-VI-002, centered on an appeal challenging both the validity of a vehicle impound and the associated towing and storage fees totaling $819.14. The impounded vehicle—a Subaru with temporary plates—had been towed from Jersey Street on January 31st after parking without a permit in a residential permit zone clearly marked as a tow-away area. The hearing brought together city parking enforcement officer Stephanie Mays, towing operator Chris Heston of Heston Hauling, and appellants Caleb Barville and Paige Yearton—college students who acknowledged the parking violation but contested the substantial financial penalty. What emerged was a case study in municipal enforcement procedures, state-regulated towing fees, and the collision between well-intentioned community service and parking regulations that carry immediate and costly consequences. ## The Enforcement Action on Jersey Street The story began with resident complaints about unauthorized parking in the 900 block of Jersey Street, a two-block residential permit parking zone that had been generating persistent violations. Parking Code Compliance Officer Stephanie Mays testified that her team "primarily responds to complaints downtown" but handles neighborhood issues "on a complaint basis which are submitted by the public at any time." The enforcement timeline unfolded systematically. After receiving the first complaint on January 14th, Mays and her team responded on January 16th and "issued 10 tickets" to improperly parked vehicles. A follow-up visit on January 22nd resulted in "an additional 10 tickets to vehicles parked inappropriately on those 2 blocks of Jersey Street." When another complaint arrived on January 27th, Mays made a strategic decision. "Based on the amount of tickets that we had written on the 2 previous days, I scheduled 5 tow trucks with Heston hauling to meet us out there on January 31st so that way we could ticket and tow vehicles that were inappropriately parked," Mays explained. She added context about the scheduling: "We pretty much use their entire staff when we have to have that many tows. So anytime we're looking at impounding vehicles over like more than 2, I'll reach out, and I'll schedule them so that way we've got enough to do what we need to do." The area had been properly signed for years, Mays testified, "as a residential permit zone with a tow away zone plaque attached to it, meaning, if the vehicle is parked inappropriately, without a permit or a visitor pass from the residents of the area they are subject to be towed." On the morning of January 31st, as enforcement was already underway, the Subaru became the focus of the appeal. "This particular Subaru, while we were sitting there waiting for the tow trucks, with our lights on actively enforcing, drove past us, parked in front of the sign, and whoever was driving proceeded to walk up the hill towards the Arboretum," Mays recounted. The timing was precise and unfortunate for the appellants. Mays testified that "we started taking pictures of this at 9:21," while the tow trucks "got on site roughly about 9:30." The vehicle had parked "literally right before the tow trucks arrived." ## The Towing Operation and State-Regulated Fees Chris Heston, owner of Heston Hauling and Heston Towing, walked the hearing through his company's involvement using detailed impound documentation. The timeline showed coordination between city enforcement and the private towing contractor: the tow was "requested for towing on the 30th at 4:44 PM," trucks were "dispatched out at 9:01 AM on the 31st of January," went "en route at 9:26," and "arrived on scene at 9:41 AM." The actual towing process was swift. "The tow then went into towing at 9:54 AM and we cleared the call at 10:49 AM, which is after the vehicle was unloaded from the tow truck. We had a total of 1.25 hours on the call," Heston testified. When Hearing Examiner Rice inquired about the fees, Heston emphasized the regulatory framework governing his charges. "We use our State approved towing rates, which is registered with the State of Washington on their official fees form," he explained. The vehicle required "a class E truck which falls under the class A-E under the RTTO hourly rates, $400 per hour. So the customer was charged $500 on the tow portion." Storage fees added to the total, though Heston acknowledged an error in the company's favor: "Actually we made an error and only charged half a day. We did have the vehicle for a day and a half." An after-hours release fee was also applied because the owners "came and redeemed the vehicle at a time when the office was closed." The vehicle was ultimately released on February 1st at 5:23 PM to the driver's authorized representative, after proper documentation was provided showing the vehicle owner's permission. Addressing concerns about the fees, Heston provided broader context: "It gets questioned a lot, you know the pricing, and I understand it's high, as far as you know what people assume it should be, and I just want to clarify that our rates are scheduled with the State of Washington. The State of Washington is the ones who comes up with the rates, and we just adhere to them under our letter of appointment with the Washington State Patrol." He continued: "At one time it was almost double and triple when it was unregulated. This is completely regulated now by the state, it goes by the consumer price index, and how that's calculated is above my head. But we're told what we're allowed to charge, and those are the fees that we go with. Which is what a hundred percent of all towing companies in the State that are licensed with the Washington State Patrol go by." ## The Appellants' Case: Community Service Meets Parking Enforcement Caleb Barville, a longtime Jersey Street resident, framed the appeal around both his understanding of city enforcement practices and the circumstances that led to the parking violation. "I've lived in the neighborhood on 1006 Jersey Street for the past 4 and a half years. I have never gotten a parking ticket, never got a parking permit. I've never seen a car towed in the neighborhood, and I have not seen any enforcement of that kind besides the occasional tickets on cars down the street. Never on a personal vehicle." Barville's understanding of city towing procedures came from a previous experience the prior December when he reported an abandoned vehicle belonging to a former roommate. "I called the city of Bellingham and reported the car as abandoned, and also told them that the car did not have any permit, and they told me very straightforwardly that they had to wait 72 hours before towing the car." This experience shaped his expectations: "After that I had it in my mind that it was at least 72 hours, no matter if they had a permit or not based off of what the city of Bellingham told me, and that was my impression of the law in Sehome neighborhood." The appellants didn't contest the basic violation. "We are not here to deny the validity of getting a citation. I think that is completely valid, and we are happy to pay the $30 citation fee for that," Barville stated. "However, we are here to contest the exorbitant over $800 towing charge that was charged to us. We are both college students under the age of 25, and that fee, that fine for what in essence it was being parked for 20 minutes, it is not fair, it does not fit the crime." The context for the parking, Barville emphasized, was community service. "She was parking there that Friday morning to drop off tools. So I lead the Western Washington University Ecological Restoration Club, and we lead weekly work parties in the Arboretum that involve the entire Bellingham community, and we are doing our part to remove invasive plant species and improve the biodiversity and the health of Sehome Arboretum. So Paige's car was parked there because it had the tools that we would be using that afternoon for the work party in her car." Barville acknowledged the poor choice of parking location: "Could the car have been parked in a better spot that wasn't right in front of a sign? Yes. However, the reason that it was parked there was for a very, very good cause. We've done a ton of work. We've contributed over the last 2 and a half months, over 400 community service hours with our volunteers." The financial impact, he stressed, was significant for college students: "We would like to contest the towing charge, which is $819.14. We are happy to pay the $30 citation. However, it does not feel fair to us to have to pay that being college students that don't have a lot of spare money." ## Clarifying the 72-Hour Rule The discrepancy between Barville's understanding of city towing procedures and the actual enforcement on Jersey Street prompted important clarification from Officer Mays. She explained the distinction between different types of parking enforcement scenarios. "The residential permit zone only applies to certain streets that are surrounding, and they are very, very well signed. If it is a street that is not signed—so if we go down one more block, let's say to the 1100 block of Jersey Street, that is not part of the residential zone—any vehicle that is reported abandoned gets reported, we go out, we tag it. They have 72 hours to move it before it's towed." The key difference, Mays clarified, depends on signage and location: "Any street in the city of Bellingham that is not marked with specific signage as like a tow-away zone, or a residential zone, or a loading zone, etc., any of those vehicles do have to sit for 72 hours. But it depends on where they're at, what the signage is and the location. So there's a lot of factors that go into that." Even within permit zones, the 72-hour rule applies under certain circumstances. If a vehicle has a proper permit, "the city ordinance or the BMC states that it has to move every 72 hours," Mays explained. In such cases, the city would monitor the vehicle and, if it doesn't move, issue a ticket and place a warning sticker before potential towing as an abandoned vehicle. However, the crucial distinction for this case was clear: "If there's no permit, nothing like that, it's subject to immediate impoundment" in a designated tow-away zone. ## Enforcement Strategy and Equal Application Officer Mays provided insight into the city's enforcement philosophy, particularly regarding the escalating response on Jersey Street. Rather than immediate towing, the parking enforcement team followed a graduated approach designed to encourage compliance. "The reason why we spent so much time up in Jersey Street from when we got the original complaint was because we do have some residents who forget to get their permits. So we go up there, we issue a first round, get everybody on board and to get their permits, and then we go back and follow up. And if there hasn't been any change, or we're seeing the same amount of vehicles that are getting ticketed, then that's when we typically schedule the tow." The enforcement, Mays emphasized, was applied uniformly: "It applies to everybody on the street, is equal enforcement. We're not skipping over one car or the other, unless they are, you know, parked the way that they should be." This graduated approach—complaint response, initial ticketing, follow-up ticketing, then coordinated towing—demonstrated the city's attempt to balance neighborhood concerns with fair warning to violators. ## Final Arguments and Lessons Learned In his final comments, Barville acknowledged the educational value of the experience while maintaining the appeal's core argument about proportionality. "I have since followed up with the parking coordinator for the city and gotten visitor permit passes so that this won't happen again. We'll keep one in Paige's vehicle for whenever she's parked in the neighborhood." He reiterated their position: "It is completely valid, and we are happy to pay that $30 citation. It's just it's completely out of our financial range to cover that towing charge, and we will make sure to not park in front or park on any—well, not break any rule specified in the tow parking zones in the Bellingham city limits regarding tow-away zones without a permit." ## Closing and Next Steps Hearing Examiner Rice concluded the proceeding by explaining the decision timeline. Unlike some administrative hearings, she noted, "I don't announce my decision at the end of the hearings. I'm required by the city code to issue a written decision, and I have 10 business days to do that. Sometimes I need all 10 business days. Sometimes I don't." The decision deadline was set for February 27th, 2025, with the written ruling to be distributed through the city clerk to all parties at their registered email addresses. The hearing crystallized several competing principles: the city's need to respond to resident complaints about parking violations, the importance of clear and consistent enforcement of regulations, the state's role in regulating towing fees to prevent exploitation, and the real financial impact of municipal penalties on young people engaged in community service. The case also highlighted how misunderstandings about municipal procedures can lead to costly consequences, even when the underlying violation seems minor and the intent was benign. For the appellants, the hearing represented not just a financial challenge but an education in municipal governance—learning how different city departments operate, how state regulations constrain local enforcement, and how good intentions don't necessarily provide protection from the full application of municipal codes. The outcome would determine whether the hearing examiner found grounds to reduce or eliminate the towing charges based on the specific circumstances of this case.

## MODULE S1: STUDY GUIDE **Meeting ID:** BEL-HEX-2025-02-12 ### Meeting Overview City of Bellingham Hearing Examiner Sharon Rice conducted a vehicle impound appeal hearing on February 12, 2025. College student Paige Yearton challenged both the validity of her car being towed from Jersey Street and the $819 towing and storage fees charged by the city's contracted towing company. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who works on contract for the city to hear appeals of administrative decisions. Sharon Rice serves in this role and has jurisdiction to overturn or uphold city parking enforcement actions. **Residential Permit Zone (RPZ):** A designated area where only residents with permits or visitor passes can park. Jersey Street has a two-block residential permit zone that has been established for multiple years. **Tow Away Zone:** A parking area where vehicles can be immediately impounded if they violate parking regulations. Unlike other violations that may require 72-hour notice, tow away zones allow immediate removal. **State-Approved Towing Rates:** Regulated fees that towing companies must charge for impounded vehicles, set by Washington State Patrol and based on the consumer price index. These rates prevent price gouging but can still result in high costs. **Burden of Proof:** In this appeal, the appellant (Paige Yearton) must prove that the impound and fees were inconsistent with city regulations. The hearing examiner cannot reduce fees just because they seem excessive. **After Hours Release Fee:** An additional charge when vehicle owners retrieve their cars outside normal business hours, requiring staff to come in specially. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City of Bellingham Hearing Examiner (contract attorney) | | Stephanie Mays | Parking Code Compliance Officer 2, City of Bellingham | | Chris Heston | Owner, Heston Hauling and Heston Towing | | Caleb Barville | Appellant's representative, WWU student, neighborhood resident | | Paige Yearton | Vehicle owner, college student | | Christy Bowker | Hearing Clerk (mentioned, not present) | ### Background Context The Jersey Street residential permit zone exists because of parking pressure from people accessing the nearby Sehome Hill Arboretum. The city has established a two-block permit zone to preserve parking for residents. Over several weeks in January 2025, the city received multiple complaints about unpermitted parking in this zone. After issuing 20 tickets over two enforcement visits, parking officers scheduled a coordinated towing operation with five tow trucks. This case highlights the tension between protecting neighborhood parking and the financial impact of enforcement on young adults. The appellants were using the area for community service work at the Arboretum through WWU's Ecological Restoration Club, which had contributed over 400 volunteer hours to invasive species removal. However, good intentions don't override parking regulations, and the hearing examiner must determine whether proper procedures were followed. ### What Happened — The Short Version On January 31, 2025, Paige Yearton parked her Subaru on Jersey Street at 9:15 AM to drop off tools for an ecological restoration project. She parked directly in front of a "Residential Permit Parking - Tow Away Zone" sign without having a permit. City parking officers were already on scene with tow trucks arriving shortly after 9:30 AM. The car was photographed, documented, and towed within about 40 minutes. The total cost was $819.14, including towing, one and a half days of storage, and an after-hours release fee when Yearton's mother (the registered owner) authorized retrieval. The appellants argued this was excessive for a 20-minute parking violation and that they had been previously told by city staff that cars had to sit 72 hours before towing. City staff explained that the 72-hour rule applies to abandoned vehicles on regular streets, but residential permit zones with tow away signs allow immediate removal. The hearing examiner will issue a written decision within 10 business days. ### What to Watch Next • Hearing Examiner decision due by February 27, 2025 - will determine if the tow was valid and if fees must be paid • Appellants have obtained visitor permits to prevent future violations in their neighborhood • This case may influence how the city communicates parking enforcement policies to residents ---

## MODULE S2: FLASH CARDS **Meeting ID:** BEL-HEX-2025-02-12 **Q:** What was the total amount charged for towing and storing Paige Yearton's vehicle? **A:** $819.14, which included towing fees, storage for one and a half days, and an after-hours release fee. **Q:** How long was Paige Yearton's car parked before it was towed? **A:** Approximately 20 minutes. She parked at 9:15 AM and towing began at 9:54 AM according to the tow truck operator's records. **Q:** What is the difference between the 72-hour rule and tow away zone enforcement? **A:** The 72-hour rule applies to abandoned vehicles on regular streets, but residential permit zones with tow away signs allow immediate removal without waiting. **Q:** Who sets the towing rates that companies can charge for impounded vehicles? **A:** Washington State Patrol sets the rates based on consumer price index. Towing companies must use these state-approved rates and cannot charge more or less. **Q:** What was Stephanie Mays' job title and role in this case? **A:** Parking Code Compliance Officer 2 with the City of Bellingham. She coordinated the enforcement operation and documented the impound. **Q:** Why did the city escalate from ticketing to towing on Jersey Street? **A:** After issuing 20 tickets over two separate visits (10 on January 16, 10 on January 22), parking problems continued, so they scheduled a coordinated towing operation. **Q:** What was Chris Heston's role and what company does he own? **A:** He is the owner of Heston Hauling and Heston Towing, the company contracted by the city to perform the impound operation. **Q:** What community service activity was Paige Yearton's car supporting when it was towed? **A:** Western Washington University Ecological Restoration Club work parties that remove invasive species from Sehome Hill Arboretum. **Q:** Who is Sharon Rice and what authority does she have in this case? **A:** She is a contract attorney serving as City of Bellingham Hearing Examiner with jurisdiction to hear and decide appeals of vehicle impounds. **Q:** How many tow trucks were scheduled for the January 31 enforcement operation? **A:** Five tow trucks were scheduled to meet parking officers on Jersey Street, though only three vehicles were ultimately towed. **Q:** What did Caleb Barville say he was told about towing when he previously called the city? **A:** He was told that a vehicle had to be there for at least 72 hours before it could be towed, which created his misunderstanding about permit zone enforcement. **Q:** When will the hearing examiner issue her written decision? **A:** Within 10 business days of the hearing, with February 27, 2025 being the latest possible date. **Q:** What did the appellants say they were willing to pay for the parking violation? **A:** They were willing to pay the $30 citation fee but contested the $819.14 towing and storage charges. **Q:** How many vehicles were actually towed during the January 31 operation? **A:** Three vehicles total were removed during the coordinated enforcement operation. **Q:** What steps have the appellants taken to prevent future violations? **A:** Caleb Barville obtained visitor permit passes from the city's parking coordinator and will keep one in Paige's vehicle for neighborhood parking. ---