Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section SAF.02.18 — Condemnation Of Unsafe Buildings

(a) Definitions. The following definitions apply for purposes of this section.

(1) "Building" includes any building or structure or part thereof.

(2) "Department" refers to the Land Management Department.

(3) "Owner" includes the owner of a building or structure, the person holding the underlying tribal land assignment, if different from the person who owns the building or structure, the person holding the land (if not a tribal land assignment) and the Owner's agent, if one is designated.

(4) "Unsafe" refers to any building that is so dilapidated or out-of-repair as to be dangerous, unsanitary or otherwise unfit for human habitation or unreasonable to repair. Buildings are determined to be unsafe under the condemnation process.

(b) The Tribe may condemn buildings that are determined to be unsafe in accordance with the processes outlined under this ordinance.

(c) Departmental Condemnation Process.

(1) Upon the Tribe discovering or receiving a report of an unsafe building, the Department shall investigate the report.

(A) The Tribe shall inspect or have the building inspected. Such inspection may be by tribal staff or by other authorized individuals.

(B) In the event that the building is occupied, then the Tribe shall obtain the occupants' permission prior to conducting such inspection.

(C) In the event the building is occupied and the occupants do not grant permission for an inspection, then the Tribe may obtain an inspection warrant from the Tribal Court.

(i) The Tribe must show that probable cause exists that the building is an unsafe building.

(ii) The mere existence of a report shall not constitute probable cause; rather, other articulable facts must be presented to the Court.

(iii) The Tribal Court shall schedule hearings in relation to the granting of the inspection warrant in an expedited manner.

(D) In the event of an emergency situation where a building is believed to be an imminent danger to life or limb in the community, an inspection warrant shall not be required even if permission is not granted. Tribal staff shall be accompanied by a tribal officer or conservation officer for any such emergency inspection.

(E) The Department shall take such other actions as necessary to reasonably investigate whether the building is unsafe.

(2) Following the investigation, the Department shall issue a dated, written report with its conclusion as to whether the building is unsafe.

(A) This report should include the reasons why the Department concluded the building is or is not unsafe.

(B) The report shall also include recommendations on what, if anything, should be done for remediation. For example, the Department may recommend that a building be razed since it is unreasonable to repair or identify if the building can be made safe by repairs.

(C) The report shall identify if the unsafe building constitutes an emergency situation that is a serious threat to life or limb or may result in irreparable injury, loss or damage.

(3) A copy of this written report shall be served on the Owner, if known.

(4) Notice of the report shall be posted on all of the building's exterior doors.

(A) This notice shall, at a minimum, identify the date that the written report was issued, the date the notice was posted, the Department's conclusion as to whether the building was unsafe, identify how the Owner can get a copy of the report, and identify any timeframes for the Owner to take action.

(B) If the condition of the building warrants consideration as an emergency situation and/or requires that the building be vacated immediately, the notice shall identify such special considerations.

(5) If the Owner disagrees with the Department's conclusion, then the Owner shall have 30 days to contest the report from the latter of the date that the notice of the report is posted or the date of service on the Owner.

(A) When an Owner disagrees, then the Owner must provide a written statement identifying why he/she disagrees, including supporting information, and identify what changes to the report are requested.

(B) The Owner may also request a meeting with the Department to discuss the report. However, if the Owner wishes to contest the report, the Owner must still submit the required written statement.

(C) This opportunity to contest the report is waived in emergency situations where the unsafe building is a serious threat to life or limb or may result in irreparable injury, loss or damage.

(6) The Department shall review any written statement contesting its report and, within 30 days, issue a letter either confirming the original report or issue a revised report.

(7) The Owner shall have 60 days to implement the Department's recommendations. This timeframe shall be calculated from the latter of either the date of the Department's report (if not contested) or, if the report is contested, the date that the report is confirmed or revised.

(A) This time shall be counted from either the date of the Department's report (if uncontested) or, if the report is contested, from the date the report is confirmed or revised.

(B) This timeframe may be extended upon a showing by the Owner that such an extension is necessary and appropriate.

(C) In emergency situations where an unsafe building is a serious threat to life or limb or may result in irreparable injury, loss or damage, this timeframe may be expedited to be less than 60 days.

(8) The Owner shall be responsible for all costs associated with implementing the Department's recommendation, as well as the Department's costs to implement and enforce this departmental condemnation process.

(d) Tribal Court Process.

(1) In the event an Owner fails to implement the Department's recommendations regarding an unsafe building, a tribal officer or conservation officer may issue a citation for a condemnation violation to the Owner.

(2) When a citation is issued for the failure to implement the Department's recommendations in an emergency situation, then the Tribal Court shall schedule any hearings in the matter in an expedited manner.

(3) The Tribal Court may consider the reasonableness of the Department's recommendations as part of a hearing on a condemnation violation.

(4) If the Tribal Court upholds the Department's recommendations, then the Tribal Court shall order that the Tribe may take such actions as are necessary and appropriate to abate the unsafe building. The Owner shall be responsible for the costs to abate the unsafe building, as well as any fines levied under this ordinance.

(5) If the Tribal Court upholds the Department's recommendation that a building be razed, then the Owner shall have up to thirty (30) days to vacate the building and remove any personal property. Personal property that has not been removed within this time will be deemed abandoned and disposed of by the Tribe.

(6) If, as part of a court proceeding, an unsafe building that is capable of repair is turned over to the Tribe, then the Tribe shall act as receiver and hold the building until it is sold or disposed of consistent with the following requirements.

(A) Any building sold under this provision is sold with the condition that any unsafe conditions that were identified must be remediated within a reasonable timeframe.

(B) The Tribe shall attempt to sell the property by public sale for a bona fide cash offer to be paid within forty-five (45) days of the public sale.

(C) The proceeds from any such public or private sale shall be first used to satisfy any indebtedness secured by the building, then any indebtedness owed to the Tribe based on the condemnation proceedings, and any remainder shall be paid to the Owner.

(D) If no offer is accepted at the public sale, then the Tribe may sell the building by private sale.

(E) The Owner shall have no interest in the proceeds if the building is sold by private sale.

(F) In the event there is no private sale, then the building may be disposed of by the Tribe and the Owner shall have no interest in the proceeds.