5.10.220 Remedies.
(1) If the lessee fails to cure the default within the prescribed period, the department may:
(a) Cancel the lease pursuant to this chapter;
(b) Grant an extension of time to cure the default;
(c) Pursue other remedies, including negotiated remedies, execution on bonds
or collection of insurance proceeds;
(d) Any combination of remedies listed above; or
(e) Any other remedy set forth in the business site lease management plan or policy.
(2) If the department cancels a business site lease, the department shall send the lessee a cancellation letter within a reasonable time period. The cancellation letter shall be served on the lessee personally or by certified mail, return receipt requested. The cancellation letter shall:
(a) Explain the grounds for cancellation;
(b) Notify the lessee of unpaid amounts, interest charges or late payment penalties due under the lease;
(c) Notify the lessee of its right to appeal; and
(d) Order the lessee to vacate the premises within 30 days of mailing of the cancellation letter, if an appeal is not filed by that time.
(3) A cancellation shall become effective 31 days after mailing. The filing of an appeal shall stay the effective date of the cancellation. Pending the outcome of an appeal, the lessee shall make all requisite payments, as well as comply with the terms of the lease.
(4) If the department 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.
(5) The BIA may, upon reasonable notice from the tribe and at the BIA’s discretion, enforce the provisions of, or cancel, a business site lease. [Ord. 05-31-2018-B § 2(22.05.030), 2018.]