47.02.170 Additional Remedies for Noncompliance

In addition to the assessment of interest and penalties as provided in Section 47.02.110 of this Code, should any person or entity subject to the provisions of this Code, fail to comply with a written order issued under this Code by the Tribal Council, the Tax Commissioner, or an authorized representative thereof, then the Tribal Council may commence an action in the Turtle Mountain Band of Chippewa Tribal Court seeking a declaratory judgment that such person is in material violation of this Code. In addition, the Tribe may seek, and the Tribal Court is empowered to grant, such further relief as may be reasonable or necessary to obtain and maintain compliance with the provisions of this Code, including, but not limited to:

(a) the imposition of additional civil penalties not to exceed One Thousand Dollars ($1000.00) per violation per day;

(b) the appointment of a receiver at the cost of the taxpayer to operate ongoing severance and production activities;

(c) the assignment of 100% of the proceeds from the sale of produced substances until such time as delinquent payments, interest and penalties are recovered;

(d) the shutting in of wells used in severing substances described in Section 47.02.010 in those instances in which such wells are associated with the noncompliance;

(e) the imposition of liens for amounts determined to be delinquent , which liens shall be deemed to exist as of the date of accrual of liability;

(f) the attachment, execution , and sale of any property owned by such delinquent party within the territorial limits of the Tribe to pay for delinquent sums due;

(g) the exclusion or removal of said non-complying party from within the Tribe's territory;

(h) the forfeiture of interests in tribal leases or mineral agreements; and or

(i) The Tribe and its authorized representative may also commence any actions in foreign jurisdictions necessary for recognition and enforcement of orders issued by the Turtle Mountain Band of Chippewa Indians Tribal Court.