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📋 Public Hearing

📅 October 27, 2025
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Meeting Summary

On the morning of October 27, 2025, Hearing Examiner Sharon Rice convened a virtual Zoom hearing to consider an appeal that crystallized the tension between public safety enforcement and individual rights in municipal parking law. The case, designated HE25VI-042, involved Jenessen Lavadia of Mill Creek, Washington, challenging both the validity of his vehicle's impound during the September 21, 2025 Bellingham Bay Marathon and the $710.14 in associated fees.

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Study Guide

### Meeting Overview The City of Bellingham Hearing Examiner met to consider case HE25VI-042, an appeal filed by Jenessen Lavadia contesting the impound of his 2019 Subaru Impreza and associated fees following the September 21st Bellingham Bay Marathon. The hearing examined whether proper signage was posted and fees were justified. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who contracts with municipalities to hear appeals and make legal decisions on city matters like impounds, rather than having these cases go to regular courts. **MUTCD (Manual on Uniform Traffic Control Devices):** Federal guidelines that establish standards for traffic signage, including how many no-parking signs are required per block. **Registered Tow Truck Operator:** A state-licensed towing company that must follow Washington State pricing guidelines and cannot charge more than officially approved rates. **Impound Appeal:** A legal process where vehicle owners can challenge whether their car was properly towed and whether the fees charged were correct. **Class A Tow Truck:** The largest category of tow truck, which commands the highest state-approved towing rates ($400 minimum in this case). **Informational Signpost:** Permanent metal posts on streets without parking meters that display parking rules and where temporary signs are attached for special events. **Public Works File Number:** The city's internal tracking system for impound cases (this case was 25PW-01456). **After-hours Fee:** Additional charges applied by towing companies for vehicle releases outside normal business hours (Monday-Friday, 8 AM-5 PM). ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner | | Jenessen Lavadia | Appellant (vehicle owner) | | Stephanie Mays | Parking Code Compliance Officer, City of Bellingham | | Lieutenant Dante Alexander | Special Operations Lieutenant, Bellingham Police Department | | Chris Heston | Owner, Heston Hauling and Heston Towing | | Christina Bowker | Hearing Clerk | ### Background Context The Bellingham Bay Marathon required clearing multiple downtown streets of parked vehicles for runner safety. Event coordinators posted 124 temporary no-parking signs throughout the race route on September 18th. However, a windstorm with sustained winds of 10-25 mph and intermittent rain occurred overnight, which may have affected sign visibility. The city impounded 33 vehicles total that morning, with only 7 vehicles removed from Lavadia's block on East Laurel Street. This represents a systematic enforcement action where police and parking enforcement began operations at 6 AM, three hours before the 9 AM race start, attempting to contact vehicle owners before impounding. The case highlights tension between federal signage standards (which allow two signs per block) and public expectations for more extensive warning signage. ### What Happened — The Short Version Lavadia parked on East Laurel Street the evening of September 20th, visiting from Mill Creek to celebrate a friend's achievement. He testified he didn't see any no-parking signs during the windstorm. The next morning, his car was gone along with others on the block. City staff testified that proper signage was posted according to federal MUTCD standards, with temporary no-parking signs zip-tied to permanent posts. The towing company charged $710.14 total: $400 for the minimum one-hour tow, $50.50 for half-day storage, and additional after-hours fees since it was Sunday. Lavadia submitted photos showing a sign on the ground during the race, arguing the single sign per block was inadequate notice. The city maintained that one sign per block section meets federal requirements and that 124 signs were posted citywide for the marathon. ### What to Watch Next • The hearing examiner's written decision is due November 10th, which will establish precedent for future impound appeals • The case may influence how Bellingham posts temporary no-parking signs for major events • Other appellants from the same marathon may be pursuing similar appeals, potentially affecting the city's enforcement practices ---