21.35.060 Enforcement process.
(a) YTEP is charged with conducting investigations, including inspections of relevant properties, of violations of this chapter.
(1) YTEP shall initiate an investigation of such violations upon the filing of a written complaint, signed under penalty of perjury, by Tribal members, Tribal Council members, YTEP staff, Tribal Police Officers, other staff of the Tribe, or residents of the YIR.
(A) The written complaint shall be submitted on a form developed by YTEP and shall include, at a minimum, the following information:
(i) Name of the complainant;
(ii) Date and time of the alleged violation;
(iii) Location of the alleged violation; and
(iv) A brief description of the factual basis for the complaint.
(B) The written complaint must be submitted to YTEP, during normal business hours, within six months of the alleged violation.
(C) YTEP shall initiate an investigation of the complaint within 10 days of receiving the complaint, upon a finding that the complaint sets forth a reasonable basis for believing that a violation has occurred.
(b) Following an investigation, if YTEP determines that a violation has occurred, YTEP may take any one of the following actions which it deems most appropriate considering the gravity of the offense, any harm to human health or the environment resulting from the violation, and the circumstances of the person committing the violation:
(1) Informally contact any alleged violator about possible violations of this chapter or practices which may result in violations of this chapter, to assist the alleged violator in adhering to practices which protect environmental quality and comply with this chapter;
(2) Issue a warning of violation, in the form of a letter from YTEP to the alleged violator, explaining the basis for the warning; possible measures which the alleged violator may take to mitigate the basis of the warning; and an explanation of the steps YTEP may take if the alleged violator does not take positive corrective action;
(3) Assess a civil fine or penalty as described in YTC 21.35.090, against the alleged violator, following the procedures set out in YTC 21.35.110; and/or
(4) Upon a finding that a violation is taking place or appears imminent, and that such activity if allowed to proceed will present an immediate hazard or cause irreparable damage, may issue an order to the person responsible for such activity to cease and desist from further commission of such violation, following the procedures set out in YTC 21.35.110.
(c) The following procedures shall govern enforcement actions taken pursuant to subsections (b)(3) and (b)(4) of this section:
(1) YTEP shall issue a notice of violation, describing with particularity the violation and the proposed penalty or other enforcement action, to the person who is charged with the violation.
(A) The notice of violation shall be served by personal service or U.S. certified mail, return receipt requested. Notice shall be considered received on the date of personal service or three days after the date the notice is dispatched by U.S. mail.
(B) The notice shall include a warning that if the person does not respond within seven business days of the date of receipt, the assessed civil penalty or other enforcement action will become permanent, and the person will lose all rights to appeal.
(2) Within seven days of receipt of the notice of violation, the person who is charged with the violation may submit a written request for an administrative hearing before YTEP on the proposed enforcement action described in the notice of violation.
(A) If a hearing is requested, YTEP must hold an administrative hearing within 30 days of receiving the request. If the person requesting the hearing makes a showing, supported by a declaration or other written documentation, in the request for hearing submitted to YTEP that the proposed enforcement action will result in great financial loss or harm to person or property before YTEP is required to hold a hearing, YTEP may hold a hearing immediately, or may delay or reverse any enforcement action until YTEP holds the requested hearing.
(B) If the alleged violator does not request a hearing within seven days of receipt of the notice of violation, an assessed civil penalty or other enforcement action will become permanent and the person shall lose all rights to appeal.
(3) At any hearing before YTEP, the alleged violator must come forward with evidence, including declarations, written documents, and statements by witnesses, indicating that the finding of violation is erroneous as described in the notice of violation.
(4) Within 15 days of the hearing, YTEP shall issue a decision on whether to affirm the proposed penalty, or other enforcement action described in the notice of violation.
(A) YTEP shall serve a written notice of the decision on the violator. The notice of decision shall be served by personal service or U.S. certified mail, return receipt requested. Notice shall be considered received on the date of personal service or three days after the date the notice is dispatched by U.S. mail.
(B) The decision of YTEP on appeal may be appealed to the Tribal Court upon written request submitted to the Tribal Council within five days of the receipt of the notice of decision after the initial hearing. The request for a hearing before the Tribal Court must state the grounds for overturning YTEP’s decision.
(C) The Tribal Court shall schedule a hearing within 30 days of receiving the notice of appeal.
(D) The violator and YTEP shall have the opportunity to present oral arguments at the hearing.
(E) The written record from the administrative hearing before YTEP, together with all papers and requests filed in the proceeding before YTEP, shall constitute the exclusive record for decision on appeal.
(F) The Tribal Court shall set aside YTEP’s decision only upon a finding that YTEP’s decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.
(G) Within 60 days of the hearing, the Tribal Court shall issue a written decision on the appeal.
(H) The Tribal Court shall serve a notice of the decision on the violator. The notice of decision shall be served by personal service or U.S. certified mail, return receipt requested.
(I) Decisions of the Tribal Court are final.
(d) YTEP and/or the Tribal Court, or a representative authorized by either body, may institute proceedings in Tribal Court to enforce a penalty issued by YTEP and/or upheld by the Tribal Court on appeal.
(e) This chapter in no way restricts an individual’s or the Tribe’s right to file suit against a party in Tribal Court for damages incurred from actions which violate this chapter. [Ord. 11 § 10, adopted, 4/7/2005.]