📋 Committee Meeting
City of Bellingham Hearing Examiner
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Meeting Summary
The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for Jessica Decker, who challenged both the validity of the February 27, 2025 impound of her 1998 Chevrolet motorhome and the associated towing and storage fees. Decker, who lives in the RV as her primary residence, argued that she had requested and believed she received a 24-hour parking extension from the city, but the vehicle was towed before the extension period expired.
The case revealed a communication breakdown between Decker and city parking enforcement. Decker testified that she called the city requesting a 24-hour extension and spoke with Parking Code Compliance Officer Stephanie Mays, who told her she had until Friday to move the vehicle. However, the city towed the motorhome on Thursday. Mays testified that during their conversation, they discussed the timeline but that no formal extension was granted.
The hearing highlighted significant legal issues regarding vehicle impounds when the vehicle serves as someone's primary residence. City Attorney Matthew Stamps referenced the Seattle v. Long court case, which provides constitutional protections for indigent vehicle owners and those living in their vehicles. Under this precedent, if a vehicle owner can demonstrate they are indigent and that the vehicle is their primary residence, fees may be reduced or eliminated and the vehicle cannot be sold or held as collateral for unpaid fees.
Decker's motorhome had been cited 40 times since November 2023 for parking violations, indicating a long-standing pattern of non-compliance with the city's 72-hour parking rule. The towing operator described the vehicle as "very unsafe" with bad tires, no registration, and structural modifications including a wood stove that created a hole through the middle.
At the time of the hearing, towing and storage fees totaled $5,709.42, accumulating at $178 per day. The city indicated willingness to work within the constitutional framework established by Seattle v. Long, suggesting fees could be reduced for indigent vehicle owners and that the vehicle could be released if it serves as someone's primary residence.
Study Guide
## MODULE S1: STUDY GUIDE
**Meeting ID:** BEL-HEX-2025-03-19
### Meeting Overview
The Bellingham Hearing Examiner, Sharon Rice, held an administrative hearing on March 19, 2025, to consider Jessica Decker's appeal of the impound of her 1998 Chevrolet Motorhome. The hearing examined both the validity of the impound and the associated towing and storage fees.
### Key Terms and Concepts
**Hearing Examiner:** A neutral attorney who works on contract with Bellingham and other jurisdictions to make administrative decisions on appeals. The hearing examiner is not a city employee and serves as an independent decision-maker.
**72-Hour Right of Way Rule:** A city ordinance requiring vehicles parked on city streets to move at least one city block every 72 hours. Vehicles that remain stationary longer are subject to impound.
**Impound Appeal:** A legal process allowing vehicle owners to challenge both the validity of an impound and the associated fees before a neutral hearing officer.
**Seattle v. Long Case:** A legal precedent addressing situations where people live in their RVs and cannot afford tow fees. It establishes protections for indigent vehicle owners and those whose vehicle is their primary residence.
**Homestead Protection:** A legal concept that may prevent the sale of a vehicle that serves as someone's primary residence, even when towing and storage fees are owed.
**Right of Redemption:** The legal right of a vehicle owner to reclaim their impounded vehicle upon payment of fees or through successful appeal.
**Orange Sticker/Yellow Card:** Warning notices placed on vehicles that have been stationary for 72 hours, indicating they are subject to impound if not moved.
**Class C Tow Truck:** A heavy-duty towing vehicle required for large vehicles like 40-foot motorhomes.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Sharon Rice | Hearing Examiner (contracted attorney serving as neutral decision-maker) |
| Jessica Decker | Appellant (owner of impounded motorhome) |
| Stephanie Mays | Parking Code Compliance Officer II, City of Bellingham |
| Matthew Stamps | Attorney, City of Bellingham Attorney's Office |
| Chris Heston | Owner, Heston Hauling (towing operator) |
| Christy Bowker | Hearing Clerk (mentioned, not present) |
### Background Context
Jessica Decker's 1998 Chevrolet Motorhome had been receiving parking violations since November 2023, accumulating 40 notices over that period. The motorhome serves as Decker's primary residence, and she lacks other housing options. The city operates under a 72-hour parking rule requiring vehicles to move at least one city block every three days to remain legally parked on public streets.
On February 24, 2025, parking enforcement placed warning notices on vehicles in the area. Decker called the city seeking a 24-hour extension and spoke with both office staff and Parking Officer Stephanie Mays. According to Decker, Mays told her she had until Friday to move the vehicle, leading Decker to believe her extension request was approved. However, the city impounded the motorhome on Thursday, February 27.
The case raises important constitutional issues around excessive fines and the rights of people who live in their vehicles, referencing the Seattle v. Long precedent that provides some protections for indigent vehicle owners whose RV is their primary residence.
### What Happened — The Short Version
The city impounded Jessica Decker's motorhome on February 27, 2025, after it remained parked in the same spot for more than 72 hours. Decker appealed the impound, claiming she had requested and believed she received a 24-hour extension from parking enforcement.
During the hearing, city staff explained their 72-hour parking enforcement process and confirmed the motorhome had received 40 violation notices since November 2023. The towing company detailed the impound process and current storage fees totaling $5,709.42 as of the hearing date.
Decker testified that she called for an extension and was told by Officer Mays that she had until Friday to move the vehicle. She believed this meant her extension was approved, but the city proceeded with the Thursday impound anyway. Decker also confirmed the motorhome is her primary residence and that she lacks the financial means to pay the accumulated fees.
The city attorney referenced the Seattle v. Long case, acknowledging that constitutional protections may apply to reduce or eliminate fees for indigent persons whose vehicle is their primary residence. However, he emphasized this doesn't invalidate the original impound action.
The hearing examiner will issue a written decision within 10 business days, though she indicated it would likely come sooner given the accumulating storage costs.
### What to Watch Next
• **Written Decision:** The hearing examiner will issue a decision by April 2, 2025, determining whether to uphold the impound and what relief, if any, to grant regarding fees.
• **72-Hour Redemption Window:** If the appeal is successful, the city has requested only 72 hours be allowed for vehicle removal from the impound lot.
• **Future Parking Compliance:** The motorhome's continued compliance with parking regulations will be crucial if returned to Decker.
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