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Last amended: 2005
Chapter 8-1 Reserved for Expansion
Chapter 8-2 Donated Property
Chapter 8-3 Eviction
Chapter 8-4 Conformity With International Building Codes
Chapter 8-5 Reserved for Expansion
Chapter 8-6 Reserved for Expansion
Chapter 8-7 Housing Committee
8-2-1 Title
This Code shall be known as the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Tribes) Donated Personal Property Chapter.
8-2-2 Purpose
The Tribes' Reservation, because of its status as a federally recognized Indian tribal government, is, through all of its arms, agencies, corporations and instrumentalities of any kind or type, entitled to receive surplus or donated personal property from other governments, governmental and non-governmental agencies and individuals. This Chapter is intended to govern the acceptance, control and use of such personal property.
8-2-3 Definition and Scope
Donated personal property shall mean and this Chapter shall be applicable to all personal property, including cash or securities of any type, provided as surplus, excess or donated, or donated in part, to any agency or instrumentality of the Tribes, including tribal corporations, by any government, governmental or non-governmental entity, or person. This Chapter shall apply to all employees of all arms, instrumentalities or agencies of the Tribes.
8-2-4 Donations, Who May Accept
Any arm, instrumentality or agency of the Tribes may, through its Administrator or other department head, accept donations of personal property on behalf of the Tribes; provided, that any conditions which may be attached to the donation are found to be acceptable to the Tribes by the Tribal Administrator of the Tribes.
8-2-5 Recording and Registration
All donated tangible personal property shall be registered and recorded with the Tribes through the Tribal property system administered by the Tribal Purchasing program. All donated intangible personal property, including but not limited to cash and securities, shall be recorded in the Tribal accounting system administered and approved by the Financial Officer of the Tribes. Bulk donations of food shall be used as provided by the regulations governing the Tribes' Food Distribution program.
8-2-6 Use of Donated Personal Property
Personal property donated to the Tribes may be used for any tribal governmental purpose which does not conflict with the federal or state statutory conditions, or other conditions, under which the donation was made.
8-2-7 Disposal of Donated Personal Property
Donated personal property which becomes surplus to the needs of the Tribes may be disposed of under the rules established by the Tribal Purchasing program for disposal of tangible property surplus to the needs of the Tribes. Revenues obtained from disposal of such surplus donated property shall be distributed to the Tribal department which had the majority of use of the donated property while it was included in the Tribal inventory of property after any costs of disposal are reimbursed to the Tribal Purchasing program.
8-2-8 Violations
Any employee or contract employee of any Tribal agency, arm or instrumentality, having responsibility for the obtaining, acceptance or supervision of use of donated personal property, who shall be found to have failed to follow the provisions of this Chapter governing the registration, recording, use or disposal of donated personal property may be terminated from employment.
APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES
DONATED PROPERTY
LEGISLATIVE HISTORY AND EDITORIAL CHANGES
The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua
and Siuslaw Indians enacted the "Donated Property" Ordinance,
Resolution No. 02-037, Ordinance No. 44, in a regular Tribal Council
meeting on April 14, 2002. Vote was 7 (for), 0 (against) and 0 (abstained).
8-3-1 Jurisdiction and Scope
(a) This chapter shall govern relationships between all landlords and tenants and over all property whether private or public real property within the lands of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes).
(b) Any action for rent due or other breach or default of a legal or rental or purchase agreement shall be brought pursuant to this Chapter and applicable sections of this Code.
8-3-2 Definitions
(a) "Tribes" - The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians.
(b) "Tribal Court" - The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Court as established by the laws of the Tribes.
(c) "Lessor" - refer to the Tribes or to any other person or entity who shall have an interest in real property which for a limited time has been leased or rented to another. The term lessor shall also include an Indian Housing Authority that has leased real property under a Mutual Help and Occupancy Agreement, Rental Lease Agreement, or other similar arrangement where the tenant may, on certain conditions, obtain ownership of the occupied property at the end of occupancy under the agreement.
(d) "Secretary" - the Secretary of the United States Department of Housing and Urban Development (HUD) or his or her designee, attorney or agent, or the assignee of the Secretary.
(f) "Tenant" - any person who occupies real property under a lease rental agreement with a lessor as defined in this section.
(f) "Unlawful Detainer Action" - a suit brought in the Tribal Court to terminate a tenant's interest in real property and/or to evict any person from occupancy of real property.
(g) "Writ of Restitution" - an order of the Tribal Court:
(1) Restoring an owner or lessor or the Secretary to the possession of real property; and
(2) Evicting a tenant or other occupant.
(h) "Nuisance" - the maintenance of real property of a condition which:
(1) Unreasonably threatens the health or safety of the public or neighboring land users: or
(2) Unreasonably and substantially interferes with the ability of neighboring property users to enjoy reasonable use and occupancy of their property.
(i) "Waste" - spoil or destruction by a tenant of land, buildings, gardens, trees or other improvements that result in injury to the lessor's interest in the property.
(j) "Gender" (Singular or Plural) - Reference to persons by terms denoting one sex shall be taken as referring to either sex. Reference to persons by a term denoting the singular shall include the plural.
(k) "First Class Mail" - does not include certified or registered mail, or any other form of mail that may delay or hinder actual delivery of mail to the recipient.
(l) "Informal Dispute Resolution" - means, but is not limited to, consultation between the lessor and the tenant, or mediation utilizing the services of a third party.
(m) "Squatter" - a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.
8-3-3 Exclusions From Application of This Chapter
Unless created to avoid the application of this chapter, the following arrangement is not governed by this chapter: Occupancy by a squatter.
8-3-4 Notification of Suit
Commencement of suit shall be pursuant to the provisions of 1-1-90 (Rules of Practice in Actions and Proceedings Before the Tribal Court) of this Code provided that any employee of the Tribes may make personal service of the documents required to carry out the provisions of this Chapter.
8-3-5 Defenses
In any action under this Chapter, it shall not be a defense to such action that the tenant or occupant is unable to pay rent or other monthly payments when due for the right of occupying the premises unless the lease or other agreement in force with reference to the property at issue provides otherwise.
8-3-6 Law To Be Applied
In any action under this chapter, the Court shall apply this Chapter's applicable provisions and the provisions of any and all leases or agreements, rules and regulations in force with regard to the property or tenancy that is the subject matter of the action. In the absence of Tribal law on any particular subject, the Court may look to provisions in federal law or general law of the states for guidance in fashioning a remedy.
8-3-7 Eviction Procedures
The procedures set out in this Chapter shall apply to any action to terminate a landlord tenant relationship under Chapter 8-3.
8-3-8 Unlawful Detainer
A tenant or other occupier of land shall be guilty of unlawful detainer if such person shall continue to occupy real property under any of the following situations:
(a) After the expiration of the term of the lease or other agreement; or
(b) Upon entering onto or remaining on the real property of another without the permission of the owner and without having any substantial claim of a lease or title to the property; or
(c) Upon a substantial and material breach of a condition of a rental agreement. No substantial and material breach of a condition of a rental agreement may result in a termination of the rental agreement unless the rental agreement so provides; or
(d) After failing to pay rent.
8-3-9 Notice
(a) A party may commence an action in Tribal Court for any violation
of section
8-3-8 (a), (b), (c) when the following notice provisions have been provided
for:
(1) When the lease of the property is for an indefinite time with the rent to be paid monthly or by some other period and the lessor had given notice of termination of the tenancy at least thirty (30) days prior to the end of such month or period;
(2) When the lease of the property is for a definite time with rent to be paid monthly or by some other period and the lessor had given notice of termination of the tenancy at least thirty (30) days prior to the expiration of the term of the lease or other agreement;
(3) When such a person shall continue to fail to keep or perform any condition or covenant of the lease or agreement under which the property is held after he has been given notice under this section to either perform such condition or covenant or to surrender the property.
(4) When such person continues to commit or to permit waste upon or maintain a nuisance upon the occupied property after having been given notice in the alternative either to cease such waste or maintenance of nuisance or to surrender the property.
(b) No action may be commenced in Tribal Court for failure to pay rent
under section
8-3-8 (d) when due until after having received a thirty- (30) day notice,
the tenant or occupier remains in possession of the property contrary
to the terms of the notice as
follows:
(1) When such person has received notice:
(A) that he is in default in the payment of rent; and
(B) requiring him, in the alternative, to pay the rent or surrender possession of the occupied property, shall fail to pay the rent or surrender possession.
8-3-10 Service or Delivery of Written Notice
Where this Chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:
(a) Personal delivery to the lessor or tenant; or
(b) First-class mail to the lessor or tenant. If a notice is served by mail, the minimum period for compliance or termination of a tenancy, as appropriate, shall be extended by three (3) days, and the notice shall include the extension in the period provided.
(c) A lessor or tenant may utilize alternative methods of notifying the other so long as the alternative method is in addition to one of the service methods described in subsection (a) and (b) of this section.
8-3-11 Calculation of Notice Periods
Where there are references in this chapter to periods and notices based on a number of days, those days shall be calculated by consecutive calendar days, not including the initial day of service by including the last day until midnight of that last day. Where there are references in this chapter to periods or notices based on a number of hours, those hours shall be calculated in consecutive clock hours, beginning immediately upon service.
8-3-12 Complaint and Summons Contents
The complaint and summons to commence an action for unlawful detainer shall, in addition to those procedural requirements imposed by Court Rule or under the general procedures for the commencement of an action in Tribal Court, shall comply with the following;
(a) The complaint signed by the owner, lessor, the Secretary, agent or attorney stating:
(1) The facts on which recovery is based; and
(2) Describing the property so that it can be identified with reasonable certainty; and
(3) Any Claim for damages or compensation due form the person(s) to be evicted.
8-3-13 Hearing
Notwithstanding any other provision in this Code or Court Rule, the Tribal Court shall set an unlawful detainer action for hearing expeditiously. The hearing date shall be set no later than thirty (30) days following the date that the defendant must respond to the suit.
8-3-14 Power of the Tribal Court
(a) The Tribal Court shall enter a Writ of Restitution if:
(1) Notices as required by this Chapter have been given; and
(2) The Tribal Court finds that the occupier of the real property is guilty of an act of unlawful detainer.
(b) Upon the issuance of a Writ of Restitution, the Tribal Court shall have authority to enter against the defendant(s) a judgment for the following: back rent, unpaid utilities, charges due the Tribes Indian Housing Authority or land owner under any lease or occupancy agreement (not including under a leasehold mortgage) and for damages caused by the defendant(s) to the property other than ordinary wear and tear. The Tribal Court shall have authority to award to the prevailing party his costs and reasonable attorney's fees in bringing suit under this Chapter.
8-3-15 Continuance in Cases Involving the Secretary
Except by agreement of all parties, there shall be no continuances in cases involving the Secretary.
8-3-16 Enforcement
Upon the issuance of a Writ of Restitution by the Tribal Court, tribal law enforcement officers, or if there are no tribal law enforcement officers, state law enforcement officers if there exists an intergovernmental agreement allowing for the enforcement of Tribal Court Orders, shall enforce the Writ of Restitution by evicting the defendant(s) and their property from the premises which are unlawfully occupied. In cases involving the Secretary, the Secretary may request that the Writ of Restitution be enforced not later than sixty (60) days after the date of service of the summons and complaint.
8-3-17 Alternate Remedies
In those cases in which the persons or property are subject to the
jurisdiction of the courts of the State of Oregon or the United States,
the remedies and procedures provided for by this Chapter are in the
alternative to the remedies and procedures provided by the laws of the
State of Oregon or the United States.
APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES
EVICTION CODE
LEGISLATIVE HISTORY AND EDITORIAL CHANGES
The Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians enacted the Eviction code in Resolution ____, Ordinance No. ____, on June 9, 2002.
The Eviction Code replaced the Hearings and Arbitration Policy enacted by the Coos, Lower Umpqua and Siuslaw Housing authority on June 29, 1998, by Resolution ____. Tribal Council Amended the Hearings and Arbitration Policy on October 30, 2000, by Resolution 00-085.
During the preparation of this compilation, the following editorial changes were made to the Eviction Code:
1. The title was changed from "Hearing and Arbitration Policy" to "Eviction Code".
2. Substantive changes were made to the eviction procedure resulting from the establishment of the Tribal Court.
CHAPTER 8-4 CONFORMITY WITH INTERNATIONAL BUILDING
CODES
8-4-1 All structures on the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians' (Tribes) Reservation shall be built consistent with the most recent editions of the International Building Code (IBC). These International Codes shall apply to all work performed on the Tribes' Reservation.
APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES
CONFORMITY WITH INTERNATIONAL BUILDING CODES
LEGISLATIVE HISTORY AND EDITORIAL CHANGES
The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua
and Siuslaw Indians approved and enacted the Conformity with International
Building Codes Ordinance, Resolution No. 04-007, Ordinance No. 054,
at a regular Council Meeting on January 11, 2004. Vote was 5 (for),
0 (against), and 0 (abstaining).
8-7-1 General
(a) Purpose
Pursuant to the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians' (Tribes) Constitution, Article VI, Section 2, the Tribal Council has legislative authority to establish Tribal codes. In order to protect the health and welfare of the Tribe, its members, employees, residents and visitors, the Council has adopted this ordinance for the establishment of a Tribal Housing Committee.
(b) Background and Intent
The Tribes recognize that it is most appropriate for the Tribes' housing program to be conducted by a Tribal department. This ordinance establishes such a department and clarifies that department's powers and responsibilities. The department shall be known as the Coos, Lower Umpqua and Siuslaw Housing Authority (hereinafter referred to as CLUSHA).
(c) Definitions
(1) Tribal Housing Project - any work or undertaking of the Tribes to provide or assist in providing decent, safe and sanitary dwellings, apartments, or other living accommodations.
(2) Council - the Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon.
(3) Tribes - the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon.
8-7-2 Establishment of Tribal Housing Department
The Tribal Council established a Housing Department as a distinct division
of Tribal Government. The Housing Department will be administered by
a Housing Committee and a Housing Director as described in this Ordinance.
8-7-3 Housing Committee
The Tribal Council establishes a Housing Committee.
(a) Duties: In addition to the other duties described in this ordinance, the Housing Committee will have the following responsibilities:
(1) Advise the Tribal Council regarding the Tribe's housing needs and/or policies necessary to meet identified housing-related needs.
(2) Develop and submit recommended housing-related ordinances and policies to the Tribal Council in consultation with the Housing Director.
(3) Prepare monthly activity reports to the Tribal Council, containing information requested by the Tribal Council in any specified form.
(4) Other duties assigned by the Tribal Council related to the Housing Program.
(5) Enforce the provisions of Housing-related Ordinances and Policies adopted by the Tribal Council.
(6) Develop proposed Indian Housing Plans and other NAHASDA or HUD required documentation for Tribal Council approval.
(b) The Committee will have the power necessary to carry out these duties. However, the Committee must obtain the express consent of the Tribal Council before:
(1) Entering into contracts (except lease, sublease or homebuyer agreements);
(2) Employing independent legal counsel;
(3) Pledging the credit of the Tribes;
(4) Borrowing or lend money; or
(5) Speaking publicly on behalf of the Tribes.
8-7-4 Housing Committee Composition
(a) The Housing Committee will be comprised of five (5) members.
(b) The Tribal Council has the exclusive authority to appoint Housing Committee members. Committee members shall have staggered, four- (4) year terms.
(c) No employee of the Housing Department may serve on the Housing Committee.
(d) All Housing Committee members must be members of the Tribes.
(e) Members of the Tribal Council may serve on the Housing Committee.
(f) At the end of each Housing Committee member's term or upon resignation or removal of a Committee member or upon other vacancy by a Committee member, the Committee member must deliver all papers, records, books and other items in the Committee member's possession that relate to the Committee to his or her successor or the Committee Chairperson.
(g) No person will be barred from serving on the Committee because he or she is a tenant or homebuyer of a Tribal Housing Project.
(h) Vacancies:
(1) Any vacancy will be filled by the Housing Committee Chairperson subject to approval by the Tribal Council.
(2) Vacancies occur when a Housing Committee member resigns for any reason, is removed, or has more than three (3) consecutive unexcused absences in any given year.
(i) Removal of Housing Committee Members:
(1) A Housing Committee member may be removed for conduct that discredits the Committee when such conduct adversely affects the Committee's ability to conduct business.
(2) Removal of a Housing Committee member will be by a majority vote of the Tribal Council on its own motion or on receipt of a recommendation from the Committee. The recommendation for removal of a Committee member will be presented to the Tribal Council after the Committee has:
(A) Given notice to the Committee member whose removal is under consideration.
(B) Given the Committee member an opportunity to discuss with the Committee the cause for the recommendation for the removal, and
(C) Voted to recommend removal.
(3) The Committee member will have an opportunity to testify to the Tribal Council before the Tribal Council votes on his or her removal.
8-7-5 Committee Voting
(a) Each voting Committee member will have one (1) vote on each matter being voted upon by the Committee. No proxies or absentee ballots will be permitted. Telephone polls are allowed.
(b) A majority of the Committee members, excluding vacant positions, must be present in order for the Committee to conduct business.
8-7-6 Conflicts of Interest
No Housing Committee member may vote on any action being taken by the Committee that directly involves a member of his or her immediate family. A Committee member may participate in the discussion and count toward the quorum requirements regarding action taken by the Committee that involves a member of his or her immediate family. For the purposes of this provision, "immediate family" is defined as father, mother, sister, brother, daughter, son, spouse or spouse equivalent or any other person living in the Committee member's households.
8-7-7 Appointment of Offices
The Tribal Council must appoint a Housing Committee Chairperson. The Committee may select other officers as deemed appropriate by the Committee; provided that any other officers must be elected by majority vote of the Committee.
8-7-8 Duties of the Housing Committee Chairperson
The Chairperson must:
(a) Issue notice of Committee meetings.
(b) Preside at Committee meetings.
(c) Provide reports to the Tribal Council.
(d) Serve as or designate the official representative and spokesperson of the Committee
(e) Perform such other duties that the Tribal Council might require.
8-7-9 Meetings
(a) Housing Committee meetings will be open to Tribal Members, legal guardians of Tribal Members and spouses. Minors will be represented by ICWA. The Committee meetings may be closed when a Committee is dealing with confidential matters. Committees may invite guests to attend the meetings.
(b) The Committee will hold a minimum of six (6) regular meetings per year or as deemed necessary by the Chairperson.
(c) All meetings, except emergency meetings, require seven (7) working days written notice to the Committee members and to the Tribal Administration. The Tribal Administration will post such notice in a conspicuous place at the Tribal Office. Notice will include date, time, place and agenda for the meeting.
(d) Emergency Committee meetings require twenty-four (24) hours' notice when possible.
8-7-10 Compensation
The Tribes will reimburse Committee members for expenses incurred for official Committee meetings including reasonable travel expenses, subject to the availability of funds and the requirements of any applicable grants or contracts. All compensation must have prior approval from the Committee Chairperson.
8-7-11 Financial Accountability
(a) The Housing Committee must document all financial transactions including but not limited to requests, donations, purchases and travel vouchers. The Committee Chairperson shall be primarily responsible for this financial accountability.
(b) All monetary donations to the Committee must be delivered to the Tribal Accounting Department for deposit in the appropriate Tribal Account.
8-7-12 Housing Director
The Administrator, in consultation with the Housing Committee will hire a Housing Director as an at-will employee. The Administrator, with recommendations from the Housing Committee, will establish the duties of the Housing Director. At a minimum, the Housing Director's duties will include the day-to-day administration of the housing program and the implementation of enforcement actions taken by the Housing Committee and Housing Policies adopted by the Tribal Council.
8-7-13 Enforcement of Housing Policies
Unless the Tribal Council provides otherwise, the Housing Department will enforce lease and mortgage provisions and housing policies for Tribal Housing Projects.
8-7-14 Review of Housing Department Decisions
The Tribal Council will not consider disputes that have not first exhausted this review procedure.
(a) If a Housing Department action/decision personally and substantially affects an individual (other than a Committee Member removed under Section (d)), he or she may request review of the action or decision as provided in this section.
(b) Measurement of time: if the deadline for service or filing of any document expires on a Saturday, Sunday or holiday recognized by the Tribal government, that deadline will extend to the next regular working day.
(c) Request for Review must be filed with the Housing Committee Chairperson within ten (10) working days of the disputed action or decision. A copy of the Request for Review must be delivered to the Housing Director at the same time such a Request is filed with the Committee.
(d) The Request for Review must be signed and dated by the Petitioner and must include, at a minimum:
(1) A description of the disputed action or decision
(2) The Petitioner's mailing address and telephone number
(3) A description of the relief the Petitioner wants
(e) After receipt of a copy of the Request for Review, the Housing Director will have twenty (20) days to prepare and submit the proposed record to the Housing Committee. The Housing Director will mail a certification to the Petitioner and the Committee declaring submission of the proposed record.
(f) The Housing Director and the Petitioner will have ten (I0) days from the Housing Director's certification to submit proposed amendments to the record.
(g) Once the record is settled, the Housing Committee will set a hearing date.
(h) The Housing Director will represent the Housing Department at the hearing.
(i) At the hearing, each party may call witnesses and present evidence.
(j) The Housing Committee may impose reasonable time restrictions on each party's presentation.
(k) The order of presentation will be as follows:
(1) Housing Director
(2) Petitioner
(3) Housing Director rebuttal.
(l) Either party may request that the hearing be closed to the public.
(m)The Housing Committee will conduct the hearing on the record.
(n) After completing this review procedure, an aggrieved petitioner may appeal the Housing Committee's decision to the Tribal Council, subject to the same procedures of this section. Appeals must be served on the Tribal Council Chairperson or Acting Chairperson and the Tribal Administrator within twenty (20) days of the Housing Committee's decision.
8-7-15 Sovereign Immunity
The Housing Department will not have the authority to waive the sovereign immunity of the Tribes. Nothing in this Ordinance waives the sovereign immunity of the Tribes.
8-7-16 Severability
The provisions of this Housing Committee Ordinance are severable. If
any provision of the Housing Committee Ordinance or their application
to any person or proceeding is declared invalid for any reason, such
declaration shall not affect the validity of the remaining portions
of the Ordinance.
APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES
HOUSING COMMITTEE
LEGISLATIVE HISTORY AND EDITORIAL CHANGES
The "Housing Committee" Code was codified for the Tribal Court in December 2001.
The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua
and Siuslaw Indians enacted the "Housing Committee" Ordinance,
Resolution No. 00-011, Ordinance No. 023, in a Council meeting on February
13, 2000. Vote was 4 (for), 0 (against), and 0 (abstaining). Due to
this Ordinance, Ordinance 05 establishing CLUSHA as a Housing entity
must be rescinded.