21.15.090 Powers and authorities of enforcement entities.
(a) YTEP may impose fines for noncompliance in increasing amounts for repeated violations, as follows:
(1) First Offense. The Code Enforcement Officer may, in its sole discretion, impose a fine up to $500.00.
(2) Second Offense. The Code Enforcement Officer may, in its sole discretion, impose a fine up to $1,000.00.
(3) Third Offense. The Code Enforcement Officer may, in its sole discretion, impose a fine up to $3,000.00.
(4) The above schedule may be adjusted depending on the scope of the violation and resulting damage, the violator’s willfulness or recklessness, and other exacerbating (or mitigating) circumstances.
(b) Claims of violations may also be investigated by YDPS in collaboration with Tribal Fisheries, cultural officers, and environmental officers.
(c) YTEP or YDPS may issue citations to any person or entity believed to have committed a violation of this chapter. The citation will explain in plain terms what conduct has violated the code, and shall include the following information:
(1) The specific conduct that violated this chapter, referring to the specific relevant section(s) in this chapter;
(2) The date(s) the conduct occurred or was discovered;
(3) What steps must be taken by the violator to address the violation;
(4) The date by which the violator must come into compliance with this chapter, including the development of a transition/phase-out plan with YTEP to avoid the imposition of further penalties and fines;
(5) The penalties that may be imposed if the offender continues to violate this chapter, including the filing of a civil action;
(6) The contact information for YTEP, and whether a meeting needs to be scheduled to discuss, in more detail, the reasons the conduct violated this chapter and how to avoid violating this chapter again;
(7) That the offender may appeal, in writing, YTEP’s finding that a violation occurred, and the date by which this appeal must be received by the Tribal Court. [Ord. 46 § 8202, adopted, 12/10/2015.]