4.07.060 Enforcement

(a) Jurisdiction

The Court shall have exclusive jurisdiction over actions to enforce this ordinance and actions involving interests created pursuant to this ordinance, provided that this ordinance shall not be deemed a waiver of the Tribe's immunity from suit and the Tribe may not be named as a defendant in any action brought under this ordinance.

(b) Trespass

A person occupying Tribal Land without authorization is subject to immediate removal and the penalties provided in the Section 5 - Chapter 4.01 - Trespass to Land Ordinance. The Tribe shall have no liability for loss or damage to personal property.

(1) Upon violation of the terms of any Right-of-Way Agreement or Service Line Agreement, and the expiration of any cure period, the Tribe may initiate proceedings to terminate the Occupancy Right of the person in violation by filing a verified complaint, which shall include:

(A) The name of the person allegedly in violation and each person or entity claiming an interest through such person, as a defendant;

(B) A concise statement of the facts concerning the alleged default(s) and such other facts as may be necessary to constitute a cause of action;

(C) True and correct copies of the document by which the Occupancy Rights were conferred, and any related note, mortgage, or other recorded real property security instrument, and any assignment of any of these documents; and

(D) Any applicable allegations concerning compliance with any relevant requirements and conditions prescribed in (i) federal statutes and regulations, (ii) Tribal codes, ordinance and regulations, and/or (iii) provisions of the document by which the Occupancy Right was conferred.

(2) A copy of the summons and complaint shall be served on all defendants in accordance with Tribal law.

(3) An action to terminate an Occupancy Right shall be heard and decided in a prompt and reasonable time period not to exceed sixty (60) days from the date of service of the complaint on the defendants. If the plaintiff establishes grounds to terminate the Occupancy Right, the Court shall enter judgment, which shall include, as appropriate:

(A) Declaration of the plaintiff's right to recover the premises;

(B) Termination of the defendant's right of occupancy;

(C) A writ of restitution directing one or more Enforcement Officers to immediately remove the defendant(s) and all other occupants, and their personal property, from Tribal Land they have occupied unlawfully or pursuant to the terminated Right-of-Way Agreement or Service Line Agreement; and/or

(D) Monetary damages, which may include damages to the Tribal Land, the revenues derived from the unlawful occupancy and liquidated damages of $1,000 per day.

(4) Emergency Expedited Hearing

In the event that activities or conditions on Tribal Land pose a threat to the health, safety or welfare of the community, the Tribe or other party with a legal interest in the property may initiate termination proceedings without regard to otherwise applicable procedural requirements. In such event, the Court shall expedite termination proceedings and the Court shall order such interim or permanent relief as may be necessary, including, if warranted, removal of the defendant from the premises or immediate cessation of activities or alleviation of conditions.

(d) BIA Enforcement.

In addition to the Tribal remedies described in this section, the BIA may, at its discretion and upon reasonable notice from the Tribe, enforce or cancel any Right-of-Way Agreement or Service Line Agreement.