4.01.070 Remedies

(a) Civil Penalties and Sanctions.

A person found liable for trespass under this ordinance is subject to the following civil penalties and sanctions for each act of trespass:

(1) Federal common law remedies, including ejectment, accounting for rents and profits and damages;

(2) A fine not to exceed the greater of

(A) $5000 for each day that a trespass occurs; or

(B) Three times the property taxes due because of the presence of the structure, chattel or other thing on tribal land; and

(C) Immediate removal, at the trespassers expense; and

(D) Damages equal to the costs of removal.

(b) Disposition of Property on Tribal Land in Violation of Ordinance

The Tribe shall have the right to seize, hold and exclude the owner from using property that the Tribe determines has been intentionally placed or left on tribal land in violation of this ordinance.

At the conclusion of legal proceedings, the Tribe shall:

(1) In the event of a judgment of no liability, return the property to the defendant as ordered by the court;

(2) Continue to hold and exclude the defendant from using the property pending the defendant's payment in full of any fines, damages or costs imposed by the court;

(3) In the event the defendant fails, within 90 days, to pay in full any fines, damages or costs imposed,

(A) Sell the property and credit the proceeds against the judgment; or

(B) Assume ownership of the property and credit its value, as determined by the court, against the judgment, provided that if the value of the property exceeds the judgment, the Tribe shall pay the excess to the defendant.