Section SAF.02.19 — Abandoned Buildings

(a) Definitions.

(1) "Abandoned building."

(A) A building that is not legally occupied for a period of more than eighteen (18) consecutive months and is not subject to maintenance or oversight so that it falls into disrepair.

(B) Buildings that are not occupied on a regular basis, but are subject to reasonable maintenance or oversight (such as a second home or vacation cabin), are not considered to be abandoned even if unoccupied for more than 18 months.

(C) Buildings that are allowed to remain in a partially destroyed condition for more than six (6) months are considered to be abandoned.

(2) "Owner" means the person(s) who legally own the building as personal property or may be the person(s) holding the underlying tribal land assignment (if different from the person who owns the building), or the person holding the land (if not a tribal land assignment), or the Owner's agent, if one is designated.

(b) Abandoned buildings are considered to be a nuisance and, depending on the condition, may also be an unsafe building under tribal law.

(c) Process to Address Abandoned Building when Owner is Known.

(1) When the Tribe identifies an abandoned building and the owner of that building is known, then the Tribe may use the nuisance or condemnation process under this ordinance, as appropriate, to abate the problem.

(2) When a building appears to be abandoned and the person holding the land assignment is known, then the Tribe may alternatively use the abandonment process for land assignments, as outlined in Chapter PRP.01, the Land Ordinance, to abate the problem.

(d) Process to Address Abandoned Building when Owner is Unknown.

(1) When the Owner of an abandoned building is unknown, then the Tribe shall have the building declared abandoned through the Tribal Court.

(2) The summons and complaint for an action to have a building declared abandoned shall be served by publication in the tribal newspaper.

(3) If a person appears to contest that the building is abandoned, then that person must show by preponderance of the evidence that he/she is the building's Owner.

(4) If the Tribal Court declares that a building is abandoned, then that building shall become the property of the Tribe. The Tribe shall be authorized to dispose of the building as it deems appropriate.

(A) Unauthorized tenants and alleged Owners shall have no rights in relation to a building after a declaration of abandonment.

(B) The Tribe shall post notice that the property has been declared abandoned by the Tribal Court on the door of the building and provide unauthorized tenants with an opportunity, not to exceed 10 days, to remove personal belongings from the building.