If the Court finds by a preponderance of the evidence that a violation of this chapter has been committed, it may require the violator to pay a civil penalty in an amount not to exceed the maximum civil penalty allowed for the infraction. It may also order any other remedies provided for by this chapter. The Tribes shall have the burden of proof.
(Ord. 95 § 17.010, 8-11-2006 (Res. 2006-265))
Infractions under this code shall carry the civil penalties set forth in this section:
(1) 
Class A. A penalty not less than $500.00 but not to exceed $50,000.
(2) 
Class B. A penalty not to exceed $10,000.
(3) 
Class C. A penalty not to exceed $5,000.
(Ord. 95 § 17.020, 8-11-2006 (Res. 2006-265))
Factors the Court should take into consideration when determining the appropriate civil penalty for a violation of this chapter are:
(1) 
Whether the violator has previously been found by the Court to have committed a violation of this chapter;
(2) 
The actual cost of enforcing this chapter;
(3) 
The actual cost of repairing the damage to the Tribes, the Reservation, or to resources caused by the violation;
(4) 
Whether the violator has attempted to repair the damage caused by the violations;
(5) 
The extent of the violator’s resources and the needs of his or her dependents, if any;
(6) 
The extent to which the violation has damaged the environmental or cultural resources of the Tribes and the extent to which such damage may be repaired;
(7) 
Whether natural or cultural resources damaged by the violator are irreplaceable.
(Ord. 95 § 17.030, 8-11-2006 (Res. 2006-265))
Any violation which continues for more than one day will be considered a continuing violation. A separate violation is deemed to have occurred and a separate civil penalty may be assessed for each day in which the violation continues.
(Ord. 95 § 17.040, 8-11-2006 (Res. 2006-265))
(1) 
The Court shall determine the disposition of property seized under TTC § 8.20.540 at the hearing held on the notice of violation. At the request of the alleged violator, a prompt post-seizure hearing, limited to probable cause issues only, may be held within 10 days of the seizure.
(2) 
If the Court determines that the owner of the seized property did not violate the provisions of this chapter, the Court shall order the property, and/or the proceeds from the sale of perishables, returned to the person from whom it was seized.
(3) 
If the Court finds that a violation of this chapter has been committed, the Court may order that any property seized remain in the possession of the Tulalip Tribes until the violator has paid the penalty assessed. If the violator does not pay the penalty within 30 days the Tribes may hold an auction for the purpose of selling the property. Notice of the auction must be posted at the Tribal Center and mailed to the violator at the violator’s last known address at least 10 days prior to the auction.
(4) 
Proceeds from an auction held pursuant to subsection (3) of this section shall be disbursed in the following order:
(a) 
To pay the costs associated with the auction;
(b) 
To be applied to the civil penalty owed to the Tribes as the result of the violation;
(c) 
Any remaining monies shall be held for the benefit of the violator for a period of six months, after notice has been given of surplus monies, after which they shall become the property of the Tribes if not claimed by the violator.
(Ord. 95 § 17.050, 8-11-2006 (Res. 2006-265))
Any person who violates any provision of any permit issued by the Tribes or fails to comply with any temporary restraining order, preliminary injunction, or permanent injunction issued by the Tribal Court or any final cease and desist order or cleanup order issued by the Tribes shall be subject to a civil penalty of not more than $75,000 per day for each day during which such violation occurs.
(Ord. 95 § 17.070, 8-11-2006 (Res. 2006-265))
In addition to the civil penalties imposed in this chapter, any person who commits an environmental infraction may be ordered by the Tribal Court to:
(1) 
Pay the cost of any necessary cleanup, restoration or reclamation caused by the violation, as ordered by the Tribal Court or by any administrative body with jurisdiction; and
(2) 
Pay any actual damages for injury to property, life or resources of any person, corporation, public body or Tribal entity.
(Ord. 95 § 17.080, 8-11-2006 (Res. 2006-265))
If more than one person is found by the Court to have contributed to a violation of this chapter which has resulted in damages or which requires cleanup, restoration or reclamation, such persons shall be jointly and severally liable for such damages, cleanup, restoration or reclamation and shall have a cause of action for contribution from the other responsible parties.
(Ord. 95 § 17.090, 8-11-2006 (Res. 2006-265))
In addition to the civil penalties imposed by this chapter, the Court may order any violator to pay the attorneys fees and costs incurred by the Tribes in enforcing this chapter.
(Ord. 95 § 17.100, 8-11-2006 (Res. 2006-265))