26.0215 Citations.

Cite as [A.S.A.C. § 26.0215]

A. Citations.

1. A person shall not engage in activities without an approved land use permit, including but not limited to: site preparation, filling, grading, dredging, excavation, erection or siting of temporary or permanent structures or the permanent siting of containers.

2. A land use permittee shall not engage in activities in violation of an approved land use permit, including the terms and conditions so stated;

3. A person shall not violate the provisions of this chapter on Special Management Areas;

4. A person shall not violate the provisions of this chapter on wetlands, including, but not limited to:

a. filling wetlands;

b. siting a project, use or activity within the wetlands setback area;

c. siting a project, use or activity within the stream setback area; and

d. hardening of stream banks.

5. Any other violation of this chapter.

B. Service of process for citations

1. As provided in ASCA § 24.0509, upon finding reasonable cause to believe that a project, use or action violates one or more provisions of the Act, the provisions of this chapter, or the terms and conditions of a land use permit, the Manager or his designee may issue a citation therefore.

2. The citation shall be personally served upon the land use permittee, if any, or the person in charge at the site of the project, use or action, and shall be posted at the site. Copies of the citation shall be sent to the Attorney General and filed with the District Court of American Samoa.

a. The form of the citation shall be approved by the Attorney General.

b. The citation shall be signed by the Manager or his designee at the time of service.

c. The citation shall specify the provisions of law or the land use permit condition(s) alleged to be violated.

d. The citation shall contain a statement of facts constituting the violation; and

e. The citation may include corrective measures, if any, necessary to satisfy compliance with the Act and the provisions of this chapter, including but not limited to, immediate removal of any fill, structure, or other material, and provide for a time period in which compliance shall be effected.

3. A citation may answered in the manner provided in this section.

a. If the citation is not answered by appearance, plea, and waiver before the District Court of American Samoa before the close of business hours within seven (7) business days from the date of service of the citation, the defendant must appear in the District Court of American Samoa at the time and date indicated thereon.

b. A complaint signed and sworn to by the person who issued the citation, i.e. the Manager or his designee, shall be filed with the clerk of the court before any offense may be heard or plea taken in court. The complaint shall be substantially in the form prescribed for a citation in this section. It may also contain other information pertinent to the alleged offense.

4. Plea and trial

a. After reading the complaint to the defendant, the District Court of American Samoa shall ask the defendant to answer. If the defendant does not contest the allegations, the District Court of American Samoa shall assess the appropriate fine. If the defendant contests the allegations, the person who issued the citation, i.e. the Manager or the Compliance Review Officer, shall present the District Court of American Samoa with the grounds on which it was issued, adding evidence to this end. The Attorney General may assist to the extent deemed necessary.

b. The defendant may then introduce evidence to establish the fact that liability should not be imposed.

c. The District Court of American Samoa may examine the evidence and question the parties and their witnesses at any time.

d. Any person charged with a violation of the Act, the provisions of this chapter or a condition of a land use permit may appear before the clerk of the court in person before the close of business hours and within seven (7) business days from the date of service of the citation and, upon signing a waiver of trial, pay the fine for the offense charged. Prior to signing a waiver of trial and payment of the fine, the person charged with a violation shall be informed of his or her right to appear before the District Court of American Samoa and that a waiver shall have the same force and effect as a judgment of the District Court of American Samoa.

C. It is a violation of the provisions of this chapter to remove or otherwise deface a posted citation.

1. The citation shall remain in effect and all project work shall cease, except for mitigative work authorized by Manager, until the citation has been adjudicated, and, if applicable, all fines and costs are paid.

2. In addition to any civil or criminal penalty, the applicant shall immediately restore the site to the pre-offense condition at no cost to the Territory.

History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Ord. 07-88); Rule 2-97, eff 4 Aug 97.