3.24.100 Public Nuisance

Any private individual affected by another private individual's burning is authorized by this chapter to bring a private citizen suit under this section to abate damages due to smoke or fire conditions which create a nuisance, or visual, or odor problems or to recover damages for injury or property damage caused by another private individual's fire.

(a) Initiation of a citizen suit shall not prohibit or limit the right of the Tribe to initiate enforcement action under this section, nor shall it require the Tribe to take enforcement action.

(b) This chapter does not provide a right of action for a citizen suit against the Tribe or any Tribal entity for any reason.