The Utility Board is hereby authorized by the Tribal Council to collect established fees for service and to impose sanctions and penalties for non-payment. The Utility Department shall enforce the regulations, fee collections and provisions of this code by shutting off services of any and all violators and delinquent bill-payers or imposing other penalties and sanctions as authorized.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall not seek to attach customer’s property, nor seek to have fines assessed by Tribal Court, except in limited cases of blatant or continued abuses or destruction of property.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall develop and adopt a penalty schedule which outlines specific penalties, fines and assessments for violation and non-compliance with the provisions of this code. The penalty schedule shall be reviewed for appropriateness annually by the Utility Board.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The following sanctions may be imposed by the Utility Board for failure of the customer to comply with any provisions of this code or with any duly adopted utility regulation:
1. 
Termination of services;
2. 
Assessment of penalties based on a penalty schedule adopted by regulation;
3. 
Assessment of late charges based on a schedule adopted by regulation;
4. 
Assessment of damages resulting from the customer’s non-compliance;
5. 
Forfeiture of all or part of a deposit;
6. 
Filing suit for damages in a court of competent jurisdiction; and
7. 
Referring violations that may involve criminal conduct to the police or prosecutor.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall use the following guidelines when considering the appropriate sanctions to be imposed in any given case:
1. 
Whether the sanction is required by this code or other applicable law, or whether imposition is discretionary;
2. 
The minimum sanction needed to effect compliance;
3. 
The irreparable harm to the customer and/or family if the sanction is imposed;
4. 
The irreparable harm to operation of the Utility Department, and to the Tribe, if the sanction is not imposed;
5. 
The customer’s past record of compliance or non-compliance, or good faith efforts to achieve compliance;
6. 
The customer’s statements or behavior indicating the likely success of a given sanction securing compliance;
7. 
The irreparable harm to other persons or property if the sanction is not imposed; and
8. 
The effectiveness of similar sanctions in securing compliance in other cases.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)