HomeMy WebLinkAboutPulos Reconsideration Ltr �
Denis Law Mayor
�
_ _
City Clerk-Jason A.Seth,CMC
November 22, 2017
Jacob Pulos
16075 NE 85th St, Apt 116
Redmond, WA 98052
Re: Motion for Reconsideration
Case No.: 17-10753 (2003 Toyota Camry)
Dear Mr. Pulos:
I have attached the Motion for Reconsideration from the Renton Police Department's Attorney
Alex Tuttle, dated November 22, 2017, in the above referenced matter.
If you have any questions or concerns, please feel free to contact Jason Seth, City Clerk, at 425-
430-6502.
Since�rely
���
Megan Gregor, CMC, MLIS
Deputy City Clerk
cc: Hearing Examiner
Chief Kevin Milosevich
Sergeant Bill Judd
Alex Tuttle, Assistant City Attorney
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
1
2
BEFORE THE CITY OF RENTON HEARING EXAMINER
3 IN THE CITY OF RENTON, COUNTY OF KING,STATE OF WASHINGTON
4
IN RE THE VEHICLE IMPOUND OF A 2003 N0. 17-10753
5 TOYOTA CAMRY, LICENSE NO. 6NQ�281,AT
6 THE 2000 BLOCK OF GARDEN COURT N: MOTION FOR RECONSIDERATION
� JACOB PULOS,
Appellant,
8
9 V.
10 RENTON POLICE DEPARTMENT,
11 Respondent.
12
13
RELIEF REQUESTED
14
The City of Renton Police Department, through its attorney, Alex Tuttle, respectfully
15
moves the Hearing Examiner to reconsider his order of November 17, 2017 in the above listed
16
l� case, and rule that the impoundment of Mr. Pulos' car was proper under the circumstances.
18 STATEMENT OF FACTS
19 For purposes of this motion to reconsider, the City stipulates to the facts as recorded in
20 the Hearing Examiner's opinion in this case, dated November 17, 2017.
21
ARGUMENT
22
In his November 17 ruling, the Hearing Examiner incorrectly stated, "The City's parking
23
24 regulations, Chapter 10-10 RMC, do not prohibit parking near mailboxes." See Hearing
25
MOTION FOR RECONSIDERATION —Page 1
Renton City Attorney
1055 S.Grady Way
� '�`'� �Renton,WA 98057-3232
� �`�� Phone: 425.430.6480
Fax: 425.430.6498
Examiner's Ruling (hereafter, Ruling) at page 1, line 7-8. However, the Renton Municipal Code
1
2 (RMC) does prohibit parking within fifteen feet of a residential mailbox.
3 RMC 10-10-3.0
Parking Next to Mail Boxes: No person shall park within fifteen feet (15') of any clearly
4 visible residential mail box.
5 As Mr. Pulos stated in his testimony, on August 28, 2017 he was parked approximately eight feet
6
from the nearby mailboxes, according to measurements taken after the fact. See Ruling at page
�
2, line 1 and 5-6.Sgt. Judd's report from the time of the incident indicates that he believed the
8
car was "parked within 5-7 feet of a residential mailbox." See RPD Case 17-10753, Narrative of
9
1 o Sergeant Bill Judd at line 10. By Mr. Pulos'own admission,as well as the other evidence contained
11 in the record, the vehicle was parked in violation of RMC 10-10-3.U.
12 pursuant to RCW 46.55.240(1)(a), cities may "by ordinance, authorize other impound
13
situations that may arise locally upon the public right of way or other publicly owned... property."
14
Accordingly, the City of Renton has adopted regulations governing impoundment in Chapter 10-
15
5 RMC. Specifically, RMC 10-5-1.A.1 states that a vehicle may be impounded without prior notice
16
l� to its owner [where the] "vehicle is impeding or is likely to impede the normal flow of vehicular
ls or pedestrian traffic."
19 In this specific case, as Sergeant Judd notes in his report, this was a location that had
20 received "numerous complaints from surrounding neighbors and US Post Office Carriers"
21
regarding the blocking of mailboxes.See Narrative of Sgtludd at lines 4-5. It should also be noted
22
that, in the photos Mr. Pulos provided during the hearing, there are no sidewalks, so pedestrian
23
traffic would have had no alternative but to direct through the road. Although in those same
24
25
MOTION FOR RECONSIDERATION —Page 2
Renton City Attorney
1055 S.Grady Way
�.''�`'' �� Renton,WA 98057-3232
'� Phone: 425.430.6480
Fax: 425.430.6498
photographs there is a solitary vehicle parked adjacent to the row of mailboxes, Mr. Pulos
1
2 indicated in his testimony that there was "nowhere else to park" except for in front of the
3 mailboxes. See Ruling at page 2, lines 1-2. Yet, Mr. Pulos also indicated that he was aware of the
4 parking restrictions due to the fact that he had received a ticket there once before, so his self-
5 serving claim that he "comes from California and had no knowledge of any restrictions on parking
6
near or obstructing mailboxes" is contradicted by the record.
�
By parking the vehicle in the no parking zone, Mr. Pulos was very likely to impede the
8
normal flow of vehicular or pedestrian traffic, as contemplated by RMC 10-5-1. The vehicle was
9
lo parked on a crowded street on a Monday afternoon when a mail carrier is very likely to be
11 delivering mail to an area that has received a number of complaints for blocking the mailboxes,
12 an area which has no alternative for pedestrian traffic, and thus provided no place for a mail
13
carrier to stop without blocking traffic. Under the circumstances,and considering the precautions
14
and warnings given to the driver and the homeowner, and given the applicable provisions of the
15
Renton Municipat Code, impounding the car was proper in this case.
16
1� CONCLUSION
la For the above reasons, the Hearing Examiner should reconsider his November 17, 2017
19 ruling and determine that the impoundment of Mr. Pulos' vehicle was proper.
2o RESPECTFULLY SUBMITTED, this 22�d day of November, 2017.
21
CITY OF RENTON:
22
� ,,,_., .�._
23 BY; �. ���-� �t' + ,�.�
_� � , �,�,,,
24
Alex Tuttle,�WSBA#41743
Attorney for City of Renton
25
MOTION FOR RECONSIDERATION —Page 3
Renton City Attorney
1055 S.Grady Way
��`�`"° �Renton,WA 98057-3232
�s ` Phone: 425.430.6480
: Fax: 425.430.6498