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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