CHAPTER 31-5
ENFORCEMENT
31-5-1. Generally.
The Tribal Council shall have all powers necessary and proper to enforce the lease terms, laws, ordinances, regulations, rules, policies, and covenants, consistent with the business site leasing procedures. This includes the power to enter the premises for reasonable cause at a reasonable time, with or without notice, assess late payment interest and penalties, and assess late payments.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-2. Defaults.
(A) If the Tribal Council determines the lessee is in default, the Tribal Council shall send the lessee a notice of default within a reasonable time of the determination. Such time period for notice shall be expressly provided for either in the business site leasing procedures or in the lease itself. The notice of default may be provided by certified mail, return receipt requested.
(B) Within ten (10) business days of receipt of the mailing, the lessee shall:
(1) Cure the default and notify the Tribal Council in writing that the default has been cured;
(2) Dispute the Tribal Council’s determination that the lease is in default and explain why the lease should not be cancelled; or
(3) Request additional time to cure the default.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-3. Remedies.
(A) If the lessee fails to cure the default within the prescribed period, the Tribal Council may:
(1) Cancel the lease pursuant to the lease or this title;
(2) Grant an extension of time to cure the default;
(3) Pursue other negotiated remedies, including execution on bonds or collection of insurance proceeds;
(4) Any combination of remedies listed above; or
(5) Any other remedy set forth in the business site lease procedures.
(B) If the Tribal Council cancels a business site lease, the Tribal Council shall send the lessee a cancellation letter within a reasonable time period. The cancellation letter may be sent to the lessee by certified mail, return receipt requested. The cancellation letter shall:
(1) Explain the grounds for cancellation;
(2) Notify the lessee of unpaid amounts, interest charges, or late payment penalties due under the lease;
(3) Notify the lessee of its right to appeal; and
(4) Order the lessee to vacate the premises within thirty (30) business days of receipt of mailing of the cancellation letter, if an appeal is not filed by that time.
(C) A cancellation shall become immediately effective thirty-one (31) business days after receipt of mailing of the order to vacate. The filing of an appeal shall not change the effective date of the cancellation. If the lessee submits a request in writing to the Tribal Council and the request is received within seven (7) business days of the mailing date of the order to vacate, the Tribal Council in its discretion may grant the lessee permission to occupy the premises beyond the cancellation effective date during the pendency of an appeal. If permission is granted, the lessee shall be required to make lease payments during the pendency of the appeal. Pending the outcome of an appeal, the lessee shall comply with the terms of the lease.
(D) If the Tribal Council decides to grant an extension of time to cure a default, the lessee shall proceed diligently to perform and complete the corrective actions within a reasonable time period.
(E) At the Nation’s request, the BIA may, upon reasonable notice from the Nation and at the BIA’s discretion, enforce the provisions of, or cancel, a lease document.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-4. Penalties.
The lease shall specify the rate of interest to be charged if the lessee fails to make payments in a timely manner. The lease shall identify additional late payment penalties. Unless the lease provides otherwise, interest charges and late payment penalties are not subject to notice and shall apply automatically, and the failure to pay such amount shall be treated as a breach of the lease.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-5. Harmful or Threatening Activities.
If a lessee or other party causes or threatens to cause immediate and significant harm to the premises under the lease, or undertakes criminal activity thereon, the Tribal Council may take appropriate emergency action.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-6. Holdover.
If a lessee remains in possession after the expiration or cancellation of a lease, the Tribal Council shall treat such occupation as a trespass. The Tribal Council shall take action to recover possession and pursue additional remedies. Filing shall be pursuant to tribal laws or, alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2017-358, November 29, 2017)
31-5-7. Trespass.
If a person occupies the premises without the Tribal Council’s approval, the Tribal Council may pursue appropriate remedies, including the filing of a trespass action to regain possession under tribal law. Alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2017-358, November 29, 2017)