Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


CHAPTER 1700, HOUSING SAFETY CODE

1700.01       Purposes.

1700.02       General definitions.

1700.03       Inspection of Dwelling, Dwelling Units and Premises

1700.04       Duty of Fire Chief, upon Issuance of Order; Inspections;  Examinations, etc., of Buildings

1700.05       Duty of Occupant to give Owner, etc. Right to Entry for Purpose of Making Repairs

1700.06       Issuance of Search Warrant Upon Refusal to Give Fire Chief Access for Purposes of Inspection

1700.07       Services of Notices and Orders

1700.08       Minimum Standards - For Basic Equipment and Facilities

1700.09       Light, Ventilation, and Heating

1700.10       Space and Occupancy

1700.11       Requirements Relating to the Safe and Sanitary Maintenance of Dwelling and Dwelling Units.

1700.12       Responsibilities of Owners, and Occupants

1700.14       Designation of Unfit Dwelling and Legal Procedure of Condemnation.

1700.15       Right to Appeal

1700.17       Appellant or Petitioner to be afforded Hearing as soon as Possible in Case of Emergency Order

1700.18       Proceedings to become Public Record

1700.19       Action of the Board to Be Final

 

 

 

CHAPTER 1700, HOUSING SAFETY CODE

 

1700.01           Purposes.

 

The purpose of the Red Lake Housing Safety Code is to protect the people of the Red Lake Nation from unnecessary hazardous living conditions.

 

1700.02           General definitions.

 

For the purposes of this Chapter, certain words and terms shall have the following meanings:

 

1.         "Basement or Cellar" - A portion of building or dwelling between a floor and ceiling which is mostly underground.

 

2.         "Dwelling" - Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing hereinafter defined shall not be regarded as a dwelling.

 

3.         "Dwelling Unit" - Any room located within a dwelling and form a single habitat unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

 

4.         "Extermination" - The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Fire Chief or Health Officer.

 

5.         "Fire Chief" - The Fire Chief of the Red Lake Band of Chippewa Indians Fire Department.

 

6.        "Garbage" - The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

 

7.         "Habitable Room" - A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.

 

8.         "Health Officer" - Any employee of the Red Lake Band of Chippewa Indians Department of Natural Resources or Indian Health Services whose duties pertain directly or indirectly to the health or safety of the public.

 

9.         "Infestation" - The presence within or around a dwelling of any insect, rodent, or other pests.

 

10.       "Multiple Dwelling" - Any dwelling containing more than two dwelling units.

 

11.       "Occupant" - Any person living, sleeping, cooking, or  eating in, or having actual possession of, a dwelling unit.

 

12.       "Plumbing" - includes all of the following supplied facilities and equipment:  gas burning equipment, water pipes, waste pipes, water closets, sinks, installed dishwater, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures, together with connections to water, and sewer lines.

 

13.       "Rubbish" - Combustible and non-combustible waste materials, except garbage, including the residue from the burning of wood, coal, coke and other combustible materials; also paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral mater, glass  crockery, and dust.

 

14.       "Temporary Housing" - Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, or any other structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.

 

15.       "Yard" - Yard shall include all ground, lawn, court, walk, driveway, or other open space constituting part of the same premises as the dwelling.

 

1700.03           Inspection of Dwelling, Dwelling Units and Premises

 

A.        Safety Inspections.  Generally, for the purpose of safeguarding the health and safety of the general public and the occupants of dwelling, it shall be the duty of the Fire Chief, and he is hereby authorized and directed to conduct inspections, examinations or surveys to determine the condition of dwellings. dwelling units, and premises located within the Red Lake Reservation.

 

B          Notice of Inspection.  For the purpose of making such inspections, the Fire Chief is hereby authorized to enter, examine and survey, between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M. all dwellings, dwelling units, and premises.  The Fire Chief, prior to making such inspection, shall inform the occupants of the dwelling or dwelling units or premises to be inspected of the date and time of his inspection by letter postmarked not less than 72 hours prior to the time such inspection is made.  In an emergency, the requirements herein may be suspended in the discretion of the Fire Chief as provided in Subdivision 2 (C)(1).

 

C.        Access by Fire Chief.  After such written notice shall have been given, the owner or occupant of such dwelling, dwelling unit or the person in charge thereof, shall give the Fire Chief free access to such dwelling, dwelling unit and its premises, during such time, for the purpose of such inspection examination or survey; provided that such inspection, examination or survey shall not have for its purpose the harassment of such owner or occupant and that such inspection, examination or survey shall be made as to cause the least amount of inconvenience to the owner or occupant, consistent with an efficient performance of the duties of the Fire Chief; provided that the purpose of such inspection, examination or survey shall not be the procurement of evidence to be used in any criminal proceedings; provided, that nothing in this subdivision shall be construed to prohibit the entry of the Fire Chief:

 

1.         At any time when in the opinion of the Fire Chief or health officer an actual emergency tending to create an immediate danger to public health and safety exists;

 

or,

 

2.         At any time when such inspection, examination or survey may be requested by the owner or occupant.

 

1700.04           Duty of Fire Chief, upon Issuance of Order; Inspections;  Examinations, etc., of Buildings

 

A.        Authority of Fire Chief.  The Fire Chief is authorized to issue Orders requiring the inspection, examination or survey of any building, premises, dwelling unit or multiple dwelling located on all lands as defined in Article II of the 1958 Constitution of the Red Lake Band of Chippewa Indians.

 

B.         Effect of Fire Chief.  In the event of an issuance of an order by the Fire Chief, s/he is hereby authorized to enter, inspect, examine and survey all buildings, dwellings, dwelling units, multiple dwellings, and premises for the purpose of determining compliance with the mandates of such order.

 

C.  Inspection by Fire Chief.  The inspection, examination or survey shall be made under the direction of the Fire Chief or his agent or by a team which may be composed of a health officer and a Red Lake Fireman.

 

D.  Access by Fire Chief.  The owner or occupant of the building, dwelling, dwelling unit, multiple dwelling or premises, or the person in charge thereof, SHALL GIVE FREE ACCESS TO SUCH BUILDING, DWELLING, DWELLING UNIT, MULTIPLE DWELLING AND PREMISES to the Fire Chief, his agent or inspection team for the purposes prescribed in the Order.

 

1700.05           Duty of Occupant to give Owner, etc. Right to Entry for Purpose of Making Repairs

 

Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his/her agent or employee, access to any part of such dwelling or dwelling unit or its premises, at all reasonable times, for the purpose of making such repairs or altercations as are necessary to effect compliance with the provisions of this subdivision or any lawful order issued pursuant to the provisions of this subdivision.

 

1700.06           Issuance of Search Warrant Upon Refusal to Give Fire Chief Access for Purposes of Inspection

 

A.        Tribal Court Jurisdiction.  The Red Lake Tribal Court or Court of Indian Offenses shall have jurisdiction to execute Search Warrants upon a finding of probable cause to believe that (A) the building, dwelling, dwelling unit, multiple dwelling or premises do not conform to the requirements of this Chapter or (B) an emergency exists tending to create an immediate danger to the health and/or safety of the occupants or to the public such that access to the area is necessary.

 

B.         Search Warrants.  No search warrant may be issued except upon complaint made in written approved form alleging that the owner or occupant has refused to provide the Fire Chief free access to the building, dwelling, dwelling unit, multiple dwelling or premises or stating the nature of the emergency and signed by the Fire Chief or his agent.

 

1700.07           Services of Notices and Orders

 

A.        Issuance; Form of Notice.  Whenever the Fire Chief determines that there are reasonable grounds to believe that there has been a violation of any provision of this Section, he/she shall give notice of such alleged violation to the person responsible thereof; as hereinafter provided.  Such notice shall:

 

1.         Be put in Writing

 

2.         Include a statement of the points of non-compliance with this Section.

 

3.         Allow a reasonable time for the performance of any act it requires.  In determining a reasonable time for the performance, the Fire Chief shall consider along with the other pertinent factors the nature and extent of the work involved, the season of the year, and the existence of any immediate danger to public health safety.

 

4.         Be served upon the owner of his/her agent and the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent and upon such occupant is a copy thereof is served personally, or if a copy thereof is sent by certified mail to the last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if a copy thereof is served by any other methods authorized or required by the laws of the Red Lake Reservation.

 

5.         Contains an outline of remedial action which, if taken will effect compliance with the provisions of this section.

 

B.         Notices served pursuant to this subdivision automatically become an order; exception.  Any notice served pursuant to Item 1 of this subdivision shall automatically become an order if the written petition for a hearing is not filed in the office of the Fire Chief within fifteen (17) days after such notice is served.  All orders shall be complied with; provided, that in the alternative except for the condition or situation amounting to a condemnation order, the use of the premises may be discontinued as a place of human habitation.

 

C.        Issuance of Emergency Orders Without Notice.  Whenever the Fire Chief finds that an emergency exists when requires immediate actions to protect the public health and safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring such action be taken as he deems necessary to meet the emergency notwithstanding the other provisions of this section.  Such order shall be effective immediately.  Any person to whom such order is directed shall comply therewith immediately.

 

1700.08           Minimum Standards - For Basic Equipment and Facilities

 

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit covered by this Section, for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements:

 

A.        Kitchen Sink.   Every dwelling unit shall contain a kitchen sink in good working condition and properly connected with said water closet.

 

B.         Lavatory.  Every dwelling unit shall contain a lavatory, which is when a closet is required, shall be in the same room with said water closet.

 

C.        Bathtub and Shower.  Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub and shower.

 

D.        Water and Sewer System.  Every kitchen sink, lavatory, bathtub, or shower and water closet required under the provisions of this Subdivision shall be properly  connected to either a public water and sewer system or to an approved private water and sewer system.  Every dwelling unit situated on property which abuts on a street in which there is located a public sanitary sewer main which lies directly in from of or in the rear of said property shall have a connection with the public sanitary sewer system.  Where no sanitary sewer is available there must be a connection to an approved private sewage disposal system.  All sinks, lavatories, bathtubs and showers must be supplied with hot and cold running water.

 

1700.09           Light, Ventilation, and Heating

 

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit covered by this Section for the purpose of living therein, which does not comply with the following requirements.

 

A.        Windows.  Every habitable room shall have an aggregate window area which faces directly to the outdoors of not less than 5% of the floor area.  The minimum operable area for such room shall not be less than ˝ of the window areas.

 

B.         Ventilation.   Each public hall and stairway in every two family dwelling, multiple dwelling shall be ventilated to provide it at least two (2) air changes per hour.

 

C.        Public Hall.  Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be provided a lighting system which will produce at least 2-foot candles at any and all parts of the hall and stairway at all times.  Every public hall and stairway structures devoted solely to dwelling occupancy and containing more than four dwelling units may be supplied with conveniently located light switches, controlling a lighting system which may b turned on when needed, instead of full time lighting, and which is capable of producing at least 2-foot candles at any and all parts of the hall and stairway.

 

D.        Heating.  Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit with an outside temperature of ten (10) degrees below zero. (0).  Every heating or water heating facility shall be install and shall operate in accordance with the requirements of the Building Code.

 

1700.10           Space and Occupancy

 

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

 

A.        Floor Space.  Every dwelling shall contain at least 170 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of the habitable room area.

 

B.         Sleeping Space.  In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by occupant shall contain a least 70 square of floor space.

 

C.        Ceiling Heights.  At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet:  The floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

 

D.        Use of Basement.  No basement or cellar shall be used as a habitable room or dwelling unit unless.

 

1.         Reinsulation of Underground Surface. The floor and walls are impervious to leakage of underground and surface runoff water and re-insulated against dampness se.

 

2.         Window Compliance.    The total window area, total operable area and ceiling height are in accordance with this Section and

 

a.  Such required minimum window area is located entirely above the grade of the ground adjoining such window area, and

 

b.  The total operable window area is each room equal at least to the minimum as required under Subdivision 9, Subparagraph A, except where there is supplied some other devise affording adequate ventilation and approved by the Fire Chief.

 

            E.  Fire Separation.  The habitable room is entirely sealed off from the central heating plant with a one-hour fire separation.

 

            F.   Compliance.    Buildings or structures to which additions, alterations or repairs are made shall comply with all the requirements of new buildings or structures except:

 

1.         When additions, alterations or repairs within any twelve (12) month period exceeding 50% of the value of an existing building or structure, such buildings or structure shall be made to conform to the requirements of new buildings or structures.

 

2.         Additions, alterations or repairs exceeding 25% but not exceeding 50% of the value of an existing building or structure and complying with the requirements of this Section for the new building.

 

3.         Structural additions, alterations and repairs to any portion of an existing building or structure, within any 12-month period, not exceeding 25% of the value of the building or structures, except all the requirements for new building or structures, except minor additions, alterations repairs, when approved by the Fire Chief, may be made of the same material of which the building or structure is constructed.

 

1700.11           Requirements Relating to the Safe and Sanitary Maintenance of Dwelling and Dwelling Units.

 

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

 

A.        Main Structure.  Every foundation, floor wall, ceiling and roof shall be reasonable watertight, weather tight and rodent proof; and shall be capable of affording privacy; and shall be kept in good repair.  Every window, exterior door, basement and cellar hatchway shall be reasonable weather tight, watertight and rodent proof; and shall be kept in sound condition and repair.  Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide entry for rodents, shall be supplied with screens.

 

B.         Stairs and Porches.  Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use cause to be placed thereon; and shall be kept in sound condition and good repair.

 

C.        Exits.  Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level.

 

D.        Plumbing.  Every plumbing fixture and water and waste pipe shall be properly installed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

 

E.         Vacant Dwelling.  No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

 

1700.12           Responsibilities of Owners, and Occupants

 

A.        Sanitation.  Every occupant of a dwelling, dwelling unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and yard which he/she occupies and controls; and he/she shall be responsible for his/her own misuse of areas and facilities available in common.  Every owner of a two-family dwelling, multiple dwelling shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard.

 

1700.13           Responsibilities of Owners Relating to the Maintenance of Non-Dwelling Structures and Premises.

 

A.        Prevention of Rodents, Vermin and Insects.  Every foundation, exterior wall, roof, window exterior door, basement hatchway and every other entranceway of every non-dwelling structure shall be maintained so as to prevent the structure from becoming a harborage for rodents, vermin and insects and shall be kept in a reasonable good state of maintenance and repair.

 

B.         Grading and Drainage of Premises.  All premises shall be graded and maintained so no stagnant water will accumulate or stand on the premises or within any building or structure located on the premises.

 

C.        Maintenance of Premises.  All areas and parts of the premises upon which any dwelling or dwelling units are located shall be kept and maintained in a reasonable and proper manner.  These shall include the removal of inoperable machines, appliances and fixtures, lumber piles and building materials nor being used in actual construction; tin cans, broken glass, broken furniture, boxes, crates and other debris.  Storage of lumber to be used in construction, of fireplace logs shall be neatly stacked.

 

1700.14           Designation of Unfit Dwelling and Legal Procedure of Condemnation.

 

The designation of dwelling or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwelling or dwelling units shall be carried out in compliance with the following requirements.

 

A.        Defects rendering Dwelling Unfit.  Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Fire Chief.

 

1.         One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

 

2.         One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public.

 

3.         One which because of its general condition or location is insanitary or otherwise dangerous to the health or safety of the occupants or of the public.

 

B.         Condemn Dwelling to be Vacated.  Any dwelling or dwelling unit condemned as unfit for human habitation,, and so designated and placarded by the Fire Chief, shall be vacated within a reasonable time as ordered by the Fire Chief.

 

C.        Condemned Dwelling Not to Again Unit Approved Secured Fire Chief.  No dwelling or dwelling unit which has been condemned or placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Fire Chief.  The Fire Chief shall remove such placard whenever the defect or defect upon which condemnation and placarding action were based have been eliminated.

 

D.        Defacing or Removing Placard.  No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subparagraph C above.

 

E.         Person Affected by Condemnation Notice May be Granted Hearing Before Housing Appeals Board.  Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure set forth in Subdivision 3.

 

F.         Removal or Demolition of Condemned Buildings.  Any Dwelling which has been condemned as unfit for human habitation and cannot be repaired as to comply with the minimum standards set in this Section, or any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard to the public health or safety, may be removed or demolished.

 

G.        Emergency Action.  Where violation of the housing standard exists and pose an immediate hazard or danger to the health, safety or welfare of  building occupants or the public, the Fire Chief may issue an order citing the violation and directing such action as is necessary to remove or abate the immediate hazard or danger.

 

1700.15           Right to Appeal

 

A.        Appeal.  Any owner or person who is aggravated with the ruling or decision of the enforcing officer in any matter relative to the interpretation or enforcement of the Housing Code may appeal the decision or interpretation.

 

B.         10-Day Requirement for Notice of Appeal.    The appeal must be filed with the office of the Fire Chief in writing within ten (10) days of the date of rendition of the decision or interpretation.

 

C.        Hearing.  Upon receipt of such appeal, the Fire Chief shall set a time and place for a hearing and shall give petitioner and the members of the Housing Appeals Board written notice thereof.  At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.  The hearing shall be commenced not later than ten (10) days after the day on which the petition or appeal was filed. 

 

D.        Postponement.    Provided that upon the application of the petitioner the Appeals Board may postpone the date of the hearing for a reasonable time beyond the ten (10) day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.

 

1700.16           Grant of Relief on Appeal if in Substantial Compliance

 

The Housing Appeals Board may grant such relief as it deems reasonable on appeal of the dwelling is in substantial compliance with the terms of this Section.  The Board may rule whether or not substantial compliance will satisfy the terms of this Section; provided, that relief for substantial compliance may be granted only without detriment to the public health and safety and  without impairment the intent of this Section.

 

1700.17           Appellant or Petitioner to be afforded Hearing as soon as Possible in Case of Emergency Order

 

In the case where the Fire Chief finds that an emergency exists and has issued an order reciting the existence of such an emergency requiring that immediate action be taken to meet the emergency, upon petition to the Fire Chief the appellant shall be afforded a hearing before the Housing Appeals Board as soon as possible.  After such hearing, depending upon its findings, the Housing Appeals Board shall continue such order in effect, or modify it, or revoke it.

 

1700.18           Proceedings to become Public Record

 

The proceedings of all hearings including the findings and decisions of the Housing Appeals Board shall be summarized, reduced to writing and entered as a matter of public record in the office of the Fire Chief.  Such record shall also include a copy of any notice or order issued on connection with the matter.

 

1700.19           Action of the Board to Be Final

 

All actions of the Housing Appeals Board shall be final, unless within ten (10) days of the date that the decision of the Board is entered as a matter of public record in the office of the Fire Chief, there is filed with the Council by any person aggrieved by such action an appeal stating briefly the grounds upon which a further appeal to the Council is desired.  The filing of such an appeal shall stay all proceedings in furtherance of the decision appealed from.  The Council at its next regular meeting shall hear the appeal and subsequently shall affirm, modify or reverse the Board's decision.  Any person aggrieved by the decision of the Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Red Lake Nation Indian Reservation.



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