Title 10 — Health and Safety

As used in this Part: (a) Department means the Department of Public Health and Social Services; (b) Director means the Director of the Department of Public Health and Social Services; (c) Person includes any individual, firm, partnership, joint venture, association, trust, estate…

The Director has general supervision of environmental health and shall be responsible for carrying out the provisions of this Part. SOURCE: GC § 9500.2.

There shall be in the Department a Division of Environmental Health the functions of which shall be the carrying out of the provisions of this Part. SOURCE: GC § 9500.3.

The Director may authorize any personnel to act his on behalf in the enforcement of this Part and such personnel shall have the authority to act in the name of the Director to the extent authorized by him. SOURCE: GC § 9500.4.

The Director may adopt and promulgate such rules and regu- lations as may be necessary, in accordance with the Administrative Adjudication Act to carry out the provisions of this Part. SOURCE: GC § 9500.5.

The Director is authorized to make inspections of all public and private grounds, buildings, vehicles, aircraft, ships and other places, except private homes in order to carry out the provisions of this Part. He may order compliance with the provisions of this Part and the immedi…

Any condition which the Director deems a public nuisance shall be subject to immediate abatement. Every person who maintains or commits any public nuisance, on either public or private property, or who willfully omits to perform any legal duty relating to the removal of a public …

Every person who maintains, permits or allows a public nuisance to exist upon his property and every person occupying or leasing the property of another who maintains, permits or allows a public nuisance to exist thereon after receiving personal notice in writing from the Directo…

Upon serving notice of the existence of a public nuisance to the responsible person, the Director shall allow the person a reasonable period of time to abate the nuisance. The time allotted by the Director shall be based upon the threat of disease or injury to the public if the n…

Should complete abatement of a public nuisance require more than ten (10) days, the Director may permit additional time for abatement provided: (a) Temporary abatement measures are instituted within three (3) days; and (b) Such temporary measures shield the public from the danger…

Every day beyond the time allotted in § 20109 is a separate and distinct offense. In addition or as an alternative to the other remedies provided herein, the Attorney General may apply, following noncompliance with the notice, to the court of competent jurisdiction for an injunct…

In lieu of, or in addition to the action authorized by § 20107, the Director is authorized to abate and remove any public nuisance if after written notice to the owner of the premises on which any public nuisance exists, the public nuisance continues unabated. The cost of the aba…

Upon request of the Director, the Director of Public Works shall, using special appropriations of the Department, abate or remove any public nuisance whether on public or private property, and shall provide the necessary personnel and equipment. Upon the request of the Director, …

The Director shall keep a separate accounting of all funds spent from the special appropriation and this accounting shall be submitted to the Governor and Legislature at the end of each fiscal year. The accounting shall include the name of the owner of the property, the location …

Should the Director find it necessary to abate a public nuisance or abate some other violation of this Part, the Director or his agents, the Director of Public Works or his agents or the government of Guam shall not be held liable for any damages that may occur as a result of sai…

Whenever written notice is required or authorized under this Part, such notice may be given by the Director, his authorized representative or any other person who may be authorized by law by serving a copy of such notice personally upon the person to be served or by leaving a cop…

The Director shall investigate any bona fide complaint relative to any alleged violation of this Part and take such action as he may deem necessary. SOURCE: GC § 9500.17.

Any person who violates any provision of this Part or any valid rule or regulation promulgated under this Part or who refuses or neglects to comply with any order issued by the Director or other officers and personnel of the Department in the carrying out of the provisions of thi…

Any and all fees collected pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the Environmental Health Fund. SOURCE: GC § 9500.19. Amended by P.L. 27-080:3 (Apr. 30, 2004).

Any and all fines pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the General Fund. SOURCE: Added by P.L. 27-080:5 (Apr. 30, 2004). ----------