5.04.150 Enforcement Actions

Enforcement Policy: It is the policy of the Tribe to encourage informal, practical, result- oriented resolution of alleged violations and actions needed to prevent damage to Saint Regis Mohawk Indian Reservation resources or harm to the health, safety or welfare of the Reservation population. It is also the policy of the Tribe, consistent with the principles of due process, to provide effective procedures for enforcement.

Enforcement Agency: The Tribe's Environment Compliance Officer ("Officer") shall be responsible for enforcing the provisions of this Code. Specifically, the Officer shall conduct investigations when a complaint is received by the Tribal Compliance Office, Environment Division or other Tribal agency believes that a violation of this Ordinance has occurred.

Enforcement Activities: Where a verified complaint shall be filed with the Tribe and reviewed by the Environmental Compliance Officer alleging that, or where the Tribe itself shall have cause to believe that, any person is violating any pesticide regulation or permit condition, the Environmental Compliance Officer shall cause a prompt investigation to be made.

Notice of Violation: Cease and Desist Order: If the Officer finds after an investigation pursuant to this Code that a violation of any regulation or permit condition exists, the Officer shall promptly notify both the alleged violator and the Tribal Council in writing. In the case of an apparent violation of this Ordinance, the Officer is authorized to issue a Notice of Violation to the person(s) apparently responsible for the violation, and, if the apparent violation occurred on property owned by a person other than the alleged violator, a Notice of Violation shall also be issued to the landowner.

In the case of a continuing violation or a threatened violation, the Tribal Council shall issue a Cease and Desist Order to prevent the violation from continuing or occurring.

Failure to comply with a Cease and Desist Order shall constitute a Second violation of this Ordinance. Both a Notice of Violation and a Cease and Desist Order may be issued for a single incident. A Notice of Violation will include a request to appear before the Officer at an enforcement hearing at a specified time and date, and shall advise the alleged violator that failure to appear may result in the imposition of civil penalties.

If an Immediate Cease and Desist Order is issued without an accompanying Notice of Violation, the Order will inform the recipient that failure to comply with the Order will constitute a violation of this Ordinance, which will result in the issuance of a Notice of Violation that will indicate the alleged violations of this ordinance and may result in the imposition of civil penalties.