A. At the hearing, an abstract of the driver’s driving record is admissible, without further evidentiary foundation, and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, police officers may testify as to whom they believe to be the legal or registered owner of the vehicle and the basis or source of the information upon which they base this belief.

B. If the impoundment is found to be proper, the Police Chief or designee, as administrative hearings officer, shall enter an order so stating. In the event that the costs of impoundment (towing, storage, and special fees) have not been paid, or any other applicable requirements of LMC 10.28.050 have not been satisfied, or any period of impoundment under LMC 10.28.010 has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment to the City of any fines imposed on any underlying traffic infraction, satisfaction of any other applicable requirements of LMC 10.28.050, after payment of the costs of impoundment to the towing company, and after the expiration of any period of impoundment under LMC 10.28.010. In the event that the Police Chief or designee, as administrative hearings officer, grants time payments, the City shall be responsible for paying the costs of impoundment to the towing company. The Police Chief or designee, as administrative hearings officer, shall grant time payments only in cases of extreme financial need, and where there is an effective guarantee of payment.

C. If the impoundment is found to be improper, the Police Chief or designee, as administrative hearings officer, shall enter an order so stating, and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the Police Chief or designee, as administrative hearings officer, shall enter judgment against the City and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment and any administrative fee.

D. In the event that the Police Chief or designee, as administrative hearings officer, finds that the impound was proper, but that the towing, storage, and/or special fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall notify the City to reimburse the person who has paid the costs of impoundment for the amount of overpayment and any filing fee.

E. No determination of facts made at a hearing, under this section, shall have any collateral estoppel effect on a subsequent criminal prosecution, and shall not preclude litigation of those same facts in a subsequent criminal prosecution.

F. An appeal of the administrative hearings officer’s decision in the Municipal Court shall be subject to and conducted according to the procedures of this section. [Ord. 316 § 5, 2003; Ord. 194 § 1, 1999.]