Section PRP.02.20 — Enforcement And Penalties

(a) Investigation of Compliance, Reporting Violations.

(1) The Land Management Department is responsible for the necessary inspection and investigation to assure compliance with this Code and is responsible for documenting the presence of violations and issuing citations for these violations.

(2) Any person may file a complaint with the Land Management Department concerning a potential violation of this Code. Upon receiving a complaint, Land Management Department personnel, with the assistance of a law enforcement officer if deemed necessary, shall investigate and gather facts about the complaint.

(3) If good cause is found, then the Department has authority to issue a notice of violation to the individual, informing the individual of the penalties and giving them a time-frame for correcting the violation. If the individual fails to correct the violation in the time-frame provided in the notice, then the Department has authority to issue a citation to the individual. The citation must be submitted to the Tribal Court within three business days of service of the citation upon the individual. A copy of the citation shall be delivered to the Tribal Prosecutor at the same time.

(4) The Department may turn this case over to the Tribal Prosecutor for action. Upon determination by the Tribal Prosecutor of probable cause that a violation of this Code exists, the Tribal Prosecutor may:

(A) Communicate informally with the alleged violators to remedy the violation;

(B) Take court action as permitted under this Code;

(D) Bring a forfeiture action against the alleged violator;

(E) Take any other action consistent with the purpose of this Code that common sense and good judgment would allow.

(5) If a violation is believed to be causing harm to the Community or jeopardizing health and safety of any person or the Community, the Tribe may expend its own funds to remedy such violation. If the Tribe expends its own funds to remedy a violation, the person responsible for the violation must reimburse the Tribe for the expenditure. The Prosecutor has the authority to bring an action in order to recover tribal funds expended to remedy the violation.

(b) Prosecution, Injunctions, and Penalties.

(1) It shall be the duty of the Department and/or the Tribal Prosecutor to expeditiously pursue all violations of this Code.

(2) Persons convicted of violations to this Code shall be subject to the penalties herein described.

(3) In addition to forfeiture actions the Tribal Prosecutor may seek enforcement of any and all parts of this Code by court actions seeking injunctions or restraining orders. The Tribal Prosecutor may seek an emergency order from the Court to restrain or enjoin any violation that is jeopardizing the health or safety of any person or is causing environmental damage. Such an order may be sought and issued ex parte if the Tribe shows a good faith effort to serve notice on the necessary parties.

(1) Any act constituting a violation of the provisions of this Code or a failure to comply with any of its requirements, including commencing actions for which permits are required without first having obtained a permit, and including violations of any conditions and safeguards established in connection with the grants of variances, Conditional or Special Use Permits, shall subject the offender to a civil penalty of up to $100.00 per day.

(2) In lieu of or in addition to monetary civil penalty, any person found guilty of violating this Code may be required by the Court to provide community service assisting in activities useful to the protection of or enhancement of Tribal Lands and related uses.

(3) The Tribal Council has the power to cancel any person's land assignment or spousal life estate or other interest in tribal land upon a finding of substantial and continuing violations of this Code. Before such an action may be taken, the person with the interest must be given adequate notice and an opportunity to be heard by not less than a quorum of the Tribal Council. The Council may designate procedures for such hearings.