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, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

B. If the impoundment is found to be proper, the hearing examiner shall enter an order so stating. In the event that the costs of impoundment (removal, towing, and storage) and administrative fee have not been paid or other applicable requirements of BMC 11.18.040 have not been satisfied or any period of impoundment under BMC 11.18.030 has not expired, the hearing examiner’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 or parking infraction and satisfaction of any other applicable requirements of BMC 11.18.040(B) and payment of the costs of impoundment and the administrative fee to the towing company and after expiration of any period of impoundment under BMC 11.18.030.

C. If the impoundment is found to be improper, the hearing examiner shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment and administrative fee have already been paid, the hearing examiner shall enter judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee in the amount of the costs of impoundment and administrative fee.

D. In the event that the hearing examiner finds that the impound was proper, but that the removal, towing, and storage or administrative fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs for impoundment and the administrative fees have been paid, the hearing examiner shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee for the amount of overpayment.

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

F. An appeal of the hearing examiner’s decision in municipal court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or removal, towing, storage, or administrative fees are improper, any judgment against the city shall include the amount of the municipal court filing fee. [Ord. 2000-11-077; Ord. 1999-04-020].