Section ENV.06.20 — Enforcement Proceedings

(a) If, upon investigation, the tribal Environmental Department determines that a violation of this Ordinance has occurred, is occurring or is likely to occur, the Tribal Environmentalist shall provide written Notice of the violation to the alleged violator and file a copy of this Notice with the Tribal Prosecutor.

(1) The Notice shall contain a description of the alleged violation as well as any corrective action that may be required.

(2) The Notice shall be provided to the person that the Environmental Office determines is responsible for the violation. If unable to determine the person responsible, the Notice shall be provided to the person responsible for the land, who for purposes of this Ordinance, is the landowner or the assignee or lessee if the land is assigned or leased.

(b) After receiving a copy of such a Notice from the Tribal Environmentalist, the Tribal Prosecutor shall discuss the violation and its potential consequences with the Environmental Department. If it is determined that judicial action is needed, the Tribal Prosecutor may:

(1) have a citation issued by the tribal law enforcement personnel to the alleged violator under tribal law; or

(2) file a complaint seeking a remedy under this Ordinance in Tribal Court.

(c) Hearings on alleged violations shall be conducted in the Stockbridge-Munsee Tribal Court in accordance with normal court procedures.