Views
3 years ago

Water Code - Confederated Tribes of the Umatilla Indian Reservation

Water Code - Confederated Tribes of the Umatilla Indian Reservation

STATUTES

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) 1. A citation constitutes a notice of infraction or violation and is the basis for the enforcement of this Code and shall satisfy all requirements for the filing of a civil complaint under the laws of the Confederated Tribes. The content of the citation shall include the following: a. A statement that the citation represents a determination that a violation has been committed by the person named in the citation and that such person may contest the determination as provided in this Section; b. A statement that a violation is a non-criminal offense for which imprisonment cannot be imposed as a sanction; c. A statement of the specific act or omission for which the citation was issued and the specific violation alleged; d. Unless the offense is one in which the Board determines that an additional or alternative remedy applies as provided in this Code, a statement of the Civil Fines established for the violation; e. A statement of the options provided in this Section for responding to the citation and the procedures necessary to exercise those options, including: i. A statement that, at any hearing to contest that a violation took place, the Confederated Tribes has the burden of proving, by a preponderance of the evidence, that the violation was committed; and ii. A statement that, at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the violation, the person will be deemed to have committed the violation and may not subpoena witnesses; f. A statement that failure to respond to the citation within the time prescribed or to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the imposition of an additional fee representing the added expenses incurred by the Confederated Tribes , and the entering of an order against the person named; g. A statement that an order imposing a fine shall be a debt owed to the Confederated Tribes, and the judgment entered on the debt may be enforced civilly in Umatilla Tribal Court; h. A statement that the defendant must respond as provided in this Chapter to the citation within fifteen (15) days; i. A proposed order for judge’s signature in the event an enforcement action is uncontested. 2. A citation may be issued by: a. An Enforcement Officer when a violation under this Code or regulation adopted there under is committed in the Officer's presence or when it is issued subsequent to an investigation and the Officer has probable cause to believe that the defendant has committed a violation under this Code. When issued by an Enforcement Officer, there shall be no requirement that the Officer's signature on the citation be witnessed by a member of the Court staff or a licensed Notary Public regardless of the procedures for civil complaints under the Law and Order Code; or WATER CODE PAGE 53

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) b. The Umatilla Tribal Court upon receipt of a written complaint by the Director, the Tribal Prosecutor or third party stating the circumstances of the incident, from which the Court determines that there is probable cause to believe that a violation was committed. 3. Except when a mandatory appearance is required as provided by this Chapter, in the event the citation is issued by an Enforcement Officer, he/she shall serve a copy of the citation on the defendant by personal delivery when the defendant is present. When served with a citation by an Enforcement Officer, the defendant shall be released unless held for arrest, expulsion, federal prosecution or any other applicable procedures provided by this Code or the laws of the Confederated Tribes. Certification of service of the citation or other evidence of delivery satisfactory to the Court shall be indicated on the face of the citation by the issuing officer. One copy of the citation shall be filed by the issuing officer with the Tribal Prosecutor, who shall file the citation with the Court if the officer has not already filed the citation. C. Response to Notice. 1. If the defendant named in the citation does not contest the determination that a violation took place as stated in the citation shall within fifteen (15) days from the date of the citation respond by completing the appropriate portion of the citation and submitting it either by mail or in person to the Umatilla Tribal Court. A check or money order in the amount of the Civil Fine set out in the citation must be submitted with the response. When a response under this Subsection is received, an appropriate notation shall be entered in the Court's records. Except as otherwise provided by this Code, no further proceedings for a violation of this Code shall be initiated against any defendant who pays the Civil Fine for such violation as provided in this Subsection and, unless held for forfeiture as provided by this Code, any bond held by the court for such payment shall be returned. 2. If the defendant named in the citation wishes to contest the determination that a violation took place as stated in the citation or if the defendant named in the citation does not contest the determination that a violation took place as stated in the citation, but wishes to explain mitigating circumstances surrounding the violation, the defendant shall, within fifteen (15) days of the date of the citation, respond by completing the portion of the citation requesting a hearing for such purpose and shall submit it either by mail or in person to the Umatilla Tribal Court. D. Enforcement Orders. 1. If in the judgment of the Director, any delays in stopping the violation would cause irreparable harm, injury, loss or damage to Tribal property or resources or would threaten health and/or human safety, the Director may order the owner, operator or manager of the property (or the person responsible for the violation) to carry out specified remedial actions necessary to abate the hazard or damage. Any such order shall specify the person or entity to whom it is issued, when it was issued, and where it was issued and shall specify any required immediate action. If the person so ordered by the Director is unwilling or unable to carry out such order, the Director may enter the premises and otherwise take action reasonably necessary to abate the hazard or damage. 2. If the Director exercises his abatement authority under this section, he shall file a petition for a temporary restraining order with the Umatilla Tribal Court as provided in this Water Code by the end of the next business day. An abatement order shall remain in effect until the end of the third business day after issuance of the enforcement order or until the Tribal Court issues an order for a temporary restraining order upon the filing of a petition as provided in this Chapter. The scheduling of a hearing shall not prevent enforcement of the order pending the hearing. If necessary, the Confederated Tribes may be represented by the Tribal Attorney. WATER CODE PAGE 54

47990 annual rept - Confederated Tribes of the Umatilla Indian ...
November 2013 - Confederated Tribes Of Siletz Indians
Colville TRiBeS fiSh & wildlife newS - The Confederated Tribes Of ...
Colville Confederated Tribes Traditional Homeland - EERE
Peacegiving Court - Confederated Tribes of Coos, Lower Umpqua ...
2006 annual report - cskt - Confederated Salish and Kootenai Tribes
CSKT Annual Report 2007 - Confederated Salish and Kootenai Tribes
Elders Services Code - Confederated Tribes of the Umatilla Indian ...
Fish and Wildlife Code - Confederated Tribes of the Umatilla Indian ...
Tort Claims Code - Confederated Tribes of the Umatilla Indian ...
Confederated Tribes of the Umatilla Indian Reservation of Oregon
workers' benefit code - Confederated Tribes of the Umatilla Indian ...
Non Profit Corporations Code - Confederated Tribes of the Umatilla ...
Environmental Health Code - Confederated Tribes of the Umatilla ...
February 2011 CUJ - Confederated Tribes of the Umatilla Indian ...
April 2011 CUJ - Confederated Tribes of the Umatilla Indian ...
Rules of Court - Confederated Tribes of the Umatilla Indian ...
Cooking With Buffalo - Confederated Tribes of the Umatilla Indian ...
July 2011 CUJ - Confederated Tribes of the Umatilla Indian ...
February 2013 CUJ - Confederated Tribes of the Umatilla Indian ...
CTUIR Hunting Regulations - Confederated Tribes of the Umatilla ...
CTUIR Hunting Regulations - Confederated Tribes of the Umatilla ...
Confederated Tribes of the Umatilla Indian ... - Power Past Coal
August 2011 CUJ - Confederated Tribes of the Umatilla Indian ...
Confederated Umatilla Journal - Confederated Tribes of the Umatilla ...
Confederated Umatilla Journal - Confederated Tribes of the Umatilla ...
Election Code - Confederated Tribes of the Umatilla Indian ...
flathead indian reservation - Confederated Salish and Kootenai Tribes
Gaming Code - Confederated Tribes of the Umatilla Indian ...
COLVILLE CONFEDERATED TRIBES - The Confederated Tribes Of ...