Section UTL.01.23 — Sanctions

(a) The Tribe may take the following actions if the consumer does not comply with any provisions of this Ordinance or other applicable law or policies:

(1) termination of service;

(2) assessment of penalties;

(3) assessment of damages resulting from consumers noncompliance;

(4) forfeiture of all or part of a deposit;

(5) seek a judgment against the consumer in Stockbridge-Munsee Tribal Court for fees and other charges after the account is declared delinquent;

(6) filing suit for damages in Stockbridge-Munsee Tribal Court; and

(7) referring violations that may involve criminal conduct to the proper authorities.

(b) Termination of Service.

(1) Whenever tribal law or policies are violated, the Tribe has the option to shut off service to the violating unit of service.

(2) Service shall not be re-established except by order of the Utility Board upon:

(A) payment of all fees and other costs, including the expenses and established charges for terminating and re-establishing service;

(B) such other terms as the Utility Board may determine; and

(3) In case of such violation, the Utility Board may declare any payment for the service, made by the party or parties committing such violation, to be forfeited.

(c) Penalties. Any person who violates any of the provisions of this Ordinance; or makes a service connection without first obtaining a permit; or who violates any provisions of any other materials, which are incorporated by reference, shall upon conviction thereof forfeit not less than $50 nor more than $500 plus the costs of prosecution.

(d) Damages. In addition to any other penalty provided by this Ordinance or other law, the Tribe shall have the right of recovery from any responsible persons of any expense incurred by the Tribe for penalties due to the violation of this Ordinance or other law, correction of conditions impairing the proper operation of the sewer system and the repair or replacement of any sewer pipe or other property of the sewer system damaged in any manner by any negligent or intended act or emission by such person by others under their control.

(e) Court proceedings shall be conducted in accordance with the normal court and debt collection procedures under tribal law.