19-10-105. CIVIL PENALTY.

1. In addition to any other sanction or remedy available under this Title, the Land Use and Environment Commission may assess against any person, after a hearing pursuant to § 19-5-106 or waiver thereof a civil penalty for the violation. The penalty shall not exceed $50 for each day the violation existed prior to the service of a Notice of Violation and $75 per day for each day thereafter. When the violation occurs in connection with a venture entered into for profit, the respective penalty limits shall be $100 and $150 per day. The Director himself remedies the conditions causing the violation after the deadline for corrective action contained in the Notice of Violation has passed and the violator has not corrected the conditions, the civil penalty may also include the actual cost of the remedy to the Director plus 20 percent.
2. The Director shall serve the Notice of Civil Penalty by (i) personal service or (ii) United States mail, first-class postage prepaid, addressed to the last known address of the violator. The notice shall explain the nature of the violation and the basis of the amount of civil penalty assessed and provide a time for payment. The Director may, in his discretion, require payment be made either in one lump sum within no less than 30 days from the date of service of the notice or may be paid in installments over not more than 12 months.
3. If the violator fails to make payment within the specified time, or, if an installment payment program is directed, the violator fails to meet any of the scheduled payments, the Director may commence an action to recovery the unpaid penalty amounts in Tribal Court.