14.40.040 Administrative Orders.
(1) Generally.
(a) The Council, Chief Executive Team, Director, or Samish legal department may issue an administrative order to:
(i) Compel correction of a violation;
(ii) Abate a nuisance;
(iii) Immediately cease any work or activity that is causing a violation
(a “stop work” order);
(iv) Pay civil penalties.
(b) A formal administrative order may not be issued retroactively to address a violation or nuisance that has already been corrected or abated, but the violation or nuisance may be noted in the development file and may be used to assess a more severe sanction in the event of a future violation or nuisance.
(2) The Council, Chief Executive Team, or Samish legal department may at any time add to, rescind in part, or otherwise modify an order by issuing a supplemental order.
(3) An administrative order is an appealable decision for purposes of this title.
(4) An administrative order becomes final if it is not appealed, or if it is timely appealed and not reversed.
(5) An administrative order must contain the following:
(a) The name and address of the property owner, the person in possession of the property, and any other person or entity responsible for the violation or condition.
(b) The street address or description of the property sufficient for identification of the location where the violation occurred, or condition is located.
(c) A description of the violation or nuisance that has occurred sufficient to give the person or entity notice of the violation or nuisance that is taking place and what is necessary to correct it.
(d) A statement of the procedural steps the Tribe may take to ensure compliance if the violation is not corrected consistent with the order.
(e) A statement that the order is effective upon service or, for stop work orders, when posted on the subject property or served on the persons engaged in the work.
(f) A statement of the right to appeal an order and the method and deadline for doing so, and that failure to file a timely and complete appeal may constitute a waiver of all rights to appeal.
(6) An administrative order is an appealable final decision for purposes of this title.
(7) An administrative order becomes final if it is not appealed within 30 days, or if it is timely appealed and not reversed. [Res. 2023-09-004 § 1, 2023; Res. 2021-11-001 § 7 (Att. A), 2021. Formerly 14.90.030.]