Section 33-8 Enforcement, Penalties, Sanctions
33-8.01 Authority and Enforcement.
(a) The Utility Authority is hereby authorized by the Tribal Council to collect established fees for
service and to impose sanctions and penalties for non-payment.
(b) The Utility Authority shall enforce its regulations, fee collections and provisions of this Code by
shutting off water service of any and all violators and delinquent bill-payers or imposing other
penalties and sanctions as authorized.
Legislative History-Enacted, 09/24/92, Resolu. 1991-472A; Readopted 8/01/06, Resolu. 2006-524.
33-8.02 Attachment of Customer’s Property. The Utility Authority 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.
Legislative History-Enacted, 09/24/92, Resolu. 1991-472A; Readopted 8/01/06, Resolu. 2006-524.
33-8.03 Penalty Schedule.
(a) The Utility Authority 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.
(b) The penalty schedule shall be reviewed for the appropriateness annually by the Utility Authority.
Legislative History-Enacted, 09/24/92, Resolu. 1991-472A; Readopted 8/01/06, Resolu. 2006-524.
33-8.04 Sanctions Authorized. The following sanctions may be imposed by the Utility Authority for failure of
the customer to comply with any provisions of this Code or with any duly adopted regulation of the Utility
Authority.
(a) Termination of service(s);
(b) Assessment of penalties based on a penalty schedule adopted by regulation of the Utility
Authority;
(c) Assessment of late charges based on a schedule adopted by regulation of the Utility Authority;
(d) Assessment of damages resulting from the customer’s non-compliance;
(e) Forfeiture of all or part of a deposit and any accumulated interest;
(f) Filing of a lien against the customer’s property after the account is declared delinquent;
(g) Enforcing a lien by seeking judgment, and satisfaction from the customer’s property from a court
of competent jurisdiction; and
(h) Filing suit for damages in a court of competent jurisdiction, and
(i) Referring violations that may involve criminal conduct to the police or prosecutor.
Legislative History-Enacted, 09/24/92, Resolu. 1991-472A; Readopted 8/01/06, Resolu. 2006-524.
33-8.05 Sanction Guidelines. The Utility Authority shall use the following guidelines when considering the
appropriate sanctions to be imposed in any given case:
(a) Whether the sanction required by this Code or other applicable law, or whether imposition is
discretionary;
(b) The minimum sanction needed to effect compliance;
(c) The irreparable harm to operation of the Department, and the Tribe, if the sanction is not
imposed;
(d) The customer’s past record of compliance or non-compliance, or good faith efforts to achieve
compliance;
(e) The irreparable harm to other persons or property if the sanction is not imposed; and
(f) The effectiveness of similar sanctions in securing compliance in other cases.
Legislative History-Enacted, 09/24/92, Resolu. 1991-472A; Readopted 8/01/06, Resolu. 2006-524.
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Revised Spokane Law & Order Code, 5/14/2013