15.05.120 Enforcement.
A. In accordance with the procedure set forth in subsection (C) of this section, below, the Tribal Council shall make a determination as to whether or not there has been a violation of this chapter. Upon a finding that an individual has intentionally violated a provision of this chapter, including failure to rectify a determined violation within reasonable time period or as more particularly prescribed by the Council, the Tribal Council shall, at its option, proceed as follows:
1. Initiate proceedings in any forum of competent jurisdiction, at law or in equity against any person or persons violating or attempting to violate this chapter. The remedy sought may be to restrain violation or to recover damages or both, including legal costs incurred.
2. Initiate direct enforcement action by the Tribal Council as follows:
a. Cancel the assignee’s assignment; or
b. Impose a monetary fine not to exceed $1,000.00, or impose other punitive actions such as withdrawal of eligibility to participate in Tribal programs and/or suspension of Tribal privileges, such as, elimination of a violator’s right to designate an heir under the provisions of this chapter.
B. In any enforcement action before the Tribal Council, the maximum penalty for violation of any provisions of this chapter shall be the cancellation of the assignment, ejectment of an assignee from the assignment, a fine of not more than $1,000.00 and an assessment for damages caused by any such violation(s). A violation of any regulation promulgated under this chapter shall be a violation of this chapter.
C. Any person who shall violate a provision of this chapter shall be served 15 days’ written notice to appear before the Tribal Council. Each person appearing before the Tribal Council shall be given an opportunity to be heard including the right to be represented by counsel and the right to present witnesses on his/her behalf.
D. No assignee may be penalized for any single action occurring more than six months prior to the date a notice to appear relative to said action is served pursuant to subsection (C) of this section. In the case of a continuing violation, said notice may cover the continuous period and must be served within six months of last occurrence of the continuous activity. [Ord. 5-91 Art. XII, approved 3/11/91.]