The provisions of this chapter shall be enforced by Tribal law enforcement officers, other law enforcement officers authorized by the Tribes, or by other persons or groups designated by the Tribes.
Off-duty Tribal law enforcement officers are authorized to enforce any provisions of this chapter.
(Ord. 95 § 15.010, 8-11-2006 (Res. 2006-265))
Any person witnessing a violation of this chapter has a duty to report such violation to Tribal law enforcement officers or any other designated Tribal official.
(Ord. 95 § 15.020, 8-11-2006 (Res. 2006-265))
Any person authorized to enforce this chapter shall issue a notice of violation:
(1) 
When such violation occurs in the presence of the enforcement authority; or
(2) 
When the enforcement authority, investigating a report of an infraction, finds reasonable cause to believe that a violation of this chapter has been committed.
(Ord. 95 § 15.030, 8-11-2006 (Res. 2006-265))
(1) 
Persons authorized by the Tribes to enforce this code may conduct reasonable warrantless administrative inspections of the lands of the Tribes, including testing of sources, for the purposes of determining compliance with this chapter. Testing of sources for compliance with this code or permits issued hereunder shall be performed in accordance with Tribal and/or Federally approved methods.
(2) 
The Tribal Court may issue an administrative search warrant upon application by any officer or employee authorized by the Tribes to enforce this code. Such warrant shall be issued in substantial procedural conformity with the criminal rules of the Tulalip Tribal Court and include:
(a) 
An affidavit establishing that the property to be searched is part of a legally authorized routine inspection program which naturally includes that property or that there is probable cause to believe that there is a condition, object, activity or circumstance which legally justifies such an administrative search and/or collection of samples for testing of the property or residence; and
(b) 
A proposed warrant stating the grounds for its issuance, directed at a person authorized to execute it, commanding the person to whom it is directed to inspect the area, premises, building, or conveyance identified and/or to collect samples for testing for the purpose specified.
(3) 
An administrative search warrant shall be valid within 10 days of the date of issuance. A copy of the administrative warrant shall be given to the person in apparent control of the premises to be searched, if reasonably available. If the place or premises to be searched is unoccupied or there is no one in apparent control, a copy of the administrative warrant shall be suitably affixed to the place or premises.
(Ord. 95 § 15.040, 8-11-2006 (Res. 2006-265); Res. 2019-458)
(1) 
Upon issuance of a citation, the enforcement authority may seize all items which he or she has reasonable grounds to believe have been taken or killed by the alleged violator contrary to the provisions of this chapter.
(2) 
An enforcement authority may, in addition, seize any gear, tools, weapons, motor vehicles or other paraphernalia which he or she has reasonable grounds to believe have been used in the commission of a violation of this chapter; provided, motor vehicles which have been used to transport the violator onto the lands of the Tribes and have not been driven contrary to the provisions of this chapter may not be seized.
(3) 
An enforcement authority who has seized any item pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the enforcement authority and the alleged violator. A copy of the inventory shall be given to the alleged violator, and another copy filed with the Tribal Court.
(4) 
The seizing officer shall, as soon as possible, sell all perishable items seized from the alleged violator. The perishable items shall be sold at the nearest market at the then prevailing price at the market selected. All proceeds from the sales shall be immediately deposited in a special account at the Tribal Office. The seized perishable items shall be held until disposed of pursuant to order of the Tribal Court.
(5) 
All items, other than perishable items, seized pursuant to this section shall, as soon as practicable, be brought to the Tribal Office or other place designated by the Tulalip Tribes for the storage of seized property. Seized property shall be stored in such manner as to minimize further damage to it and shall be held at the owner’s risk until returned or sold as provided in TTC § 8.20.680.
(Ord. 95 § 15.050, 8-11-2006 (Res. 2006-265))
The Tribes through its enforcement authorities shall give a written notice to any violators of this chapter. The notice of violation shall:
(1) 
Specify the nature of the violation, the location of the violation, and the section of this chapter being violated;
(2) 
Set a date for hearing before the Tribal Court which shall be no sooner than 10 days after service of the notice;
(3) 
Specify the amount of the penalty (if any) which may be paid by the violator if the violator wishes to avoid a Court hearing;
(4) 
Advise the violator that full payment of the penalty must be received by the Court Clerk no later than three days prior to the date of the scheduled hearing in order to avoid a Court hearing;
(5) 
Notify the violator that if the violator does not appear before the Tribal Court on the date set for hearing, the Court may declare the violator to be in default and award any appropriate relief to the complainant as provided by this chapter.
(Ord. 95 § 15.060, 8-11-2006 (Res. 2006-265))
(1) 
A person who is to receive a notice of violation under TTC § 8.20.550 is required to identify himself or herself to the enforcement authority by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
(2) 
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement authority may be detained for a period of time no longer than is reasonably necessary to identify the person for purposes of issuing a notice of violation.
(Ord. 95 § 15.070, 8-11-2006 (Res. 2006-265))
The notice of violation shall be served upon the violator in the following manner:
(1) 
By delivering a copy personally to the violator or the violator’s authorized representative, or to any member of the violator’s family residing with the violator who is 18 years of age or older; or
(2) 
By delivering a copy to the violator’s place of business and leaving it with a secretary or other person authorized to accept service.
(3) 
If, after reasonable effort is made, the violator cannot be personally served, service may be made by sending a copy of the notice to the violator’s last known address by certified mail, return receipt requested, and sending an additional copy by regular mail.
(4) 
If, after reasonable effort is made, the violator cannot be located and no address can be found for the violator, service may be made by publication in a newspaper of regular circulation in the area twice during two consecutive weeks.
An affidavit of service or publication filed with the Tribal Court shall constitute proof of service of the notice of violation. If service is made in the manner described in subsection (3) or (4) of this section, the affidavit must describe the efforts that were made to personally serve the violator.
(Ord. 95 § 15.080, 8-11-2006 (Res. 2006-265))
(1) 
If the Tribes or its authorized representative determines, with or without a hearing, that there exists a violation of any provision of this chapter, the Tribes may issue a cease and desist order. Such order shall set forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which acts or practices complained of must be terminated.
(2) 
The order shall be served in the manner provided in TTC § 8.20.570.
(3) 
A cease and desist order does not preclude the Tribes from seeking civil penalties and/or damages.
(Ord. 95 § 15.090, 8-11-2006 (Res. 2006-265))
In the event any person fails to comply with a cease and desist or a cleanup order that has not been temporarily suspended pending administrative or judicial review, the Tribes may request the Tribal Attorney to bring, and if so requested it shall be his duty to bring, a suit in Tribal Court for a temporary restraining order, or a preliminary or permanent injunction to prevent any further or continued violation of such order.
(Ord. 95 § 15.110, 8-11-2006 (Res. 2006-265))