Chapter 20

10 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 1 DIVISION 2 PART 1 ENVIRONMENTAL HEALTH NOTE: This Part was enacted by P.L. 15 -096 (Jan. 26, 1980) which repealed and reenacted all of Chapter VI of Title X of the Govern ment Code, except for Subchapter W, which appears here as Chapter 40. One of the subchapters repealed by P.L. 15 -096 dealt with Fortified Rice . Now, no law regulating this subject exi sts. Chapter 20. General Provisions. Chapter 21. Sanitation. Chapter 22. Health Certificates. Chapter 23. Eating and Drinking Establishments. Chapter 24. Food Establishment. Chapter 25. Institutional Facilities. Chapter 26. Hotel Sanitation. Chapter 27. Co smetic Establishment. Chapter 28. Laundries and Dry Cleaning Establishments. Chapter 29. Swimming Pools. Chapter 30. Cemetery and Mortuary. Chapter 31. Radiological Health. Chapter 32. Hazardous Substances. Chapter 33. Solid Waste. Chapter 34. Control and Licensing of Dogs. Chapter 35. Livestock and Poultry. Chapter 36. Mosquito Control. Chapter 37. Rodent Control. Chapter 38. Miscellaneous. Chapter 39. Wastewater and Toilet. Chapter 40. Guam Food, Drug and Cosmetic Act . CHAPTER 20 GENERAL PROVI SIONS § 20101. Definitions.

Control. Chapter 37. Rodent Control. Chapter 38. Miscellaneous. Chapter 39. Wastewater and Toilet. Chapter 40. Guam Food, Drug and Cosmetic Act . CHAPTER 20 GENERAL PROVI SIONS § 20101. Definitions. § 20102. Supervision. § 20103. Division of Environmental Health. § 20104. Personnel; Authority to Act in Name of Director. § 20105. Rules and Regulations. § 20106. Inspection and Abatement. § 20107. Public Nuisance. COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 2 § 20108. Pu blic Nuisance on Private Property. § 20109. Reasonable Time. § 20110. Temporary Abatement. § 20111. Civil Relief. § 20112. Abating Public Nuisance on Private Property. § 20113. Abatement Procedure. § 20114. Accounting. § 20115. Liability. § 20116. Notice. § 20117. Complaints. § 20118. Penalty. § 20119. Fees. § 20120. Fines. § 20101. Definitions. 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 Publ ic Health and Social Services; (c) Person includes any individual, firm, partner ship, joint venture, association, trust, estate, other group or combination acting as a unit, agency or agent of the

l ic Health and Social Services; (c) Person includes any individual, firm, partner ship, joint venture, association, trust, estate, other group or combination acting as a unit, agency or agent of the foregoing other than agencies of the Federal government or any successor thereto; (d) Public nuisance means anything that is deter mined by the Director to be dangerous to life, injurious to health or renders soil, air, water or food impure or unwholesome; (e) Drink means a liquid suitable for swal lowing by a hu man or domestic animals; (f) Foodhandler means any person who is involved in the storage, manufacture, prepara tion, handling, sale, dispensing or serving of food or drink to the public; or who works in any estab - lishment or business which stores, manufact ures, prepares, handles, sells, dispens es or serves food or drink intended for human consumption; and COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 3 (g) Food means a material consisting essen tially of protein, carbohydrate and fat used to sustain growth and repair vital processes of a human or animal and used for consumption by man or domestic animals. SOURCE : GC § 9500.1. § 20102. Supervision.

f protein, carbohydrate and fat used to sustain growth and repair vital processes of a human or animal and used for consumption by man or domestic animals. SOURCE : GC § 9500.1. § 20102. Supervision. The Director has general supervi sion of environmental health and shall be responsi ble for carrying out the provi sions of this Part. SOURCE : GC § 9500.2. § 20103. Division of Environmental Health. 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. § 20104. Personnel; Authority to Act in Name of Director. 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. § 20105. Rules and Regulations. The Director may adopt and promulgate such rules and regu - lations as may be necessary, in accor dance with the Administrative Adjudica tion Act to carry out the provisions of this Part. SOURCE : GC § 9500.5. § 20106. Inspe ction and Abatement.

es and regu - lations as may be necessary, in accor dance with the Administrative Adjudica tion Act to carry out the provisions of this Part. SOURCE : GC § 9500.5. § 20106. Inspe ction and Abatement. 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 immediate abate ment of public nuisances. SOURCE : GC § 9500.6. COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 4 § 20107. Public Nuisance. Any condition which the Director deems a public nuisance shall be subject to immediate abatement. Every per son who maintai ns or commits any public nui sance, on either public or private property, or who willfully omits to perform any legal duty relating to the removal of a public nuisance is guilty of a misdemeanor. SOURCE : GC § 9500.7. § 20108. Public Nuisance on Private Pr operty. 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

n Private Pr operty. 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 Director or Attorney General to discontinue or abate same is guilty of a misde meanor. SOURCE : GC § 9500.8. § 20109. Reasonable Time. Upon serving notice of the existence of a public nuisance to the responsible person, the Dir ector 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 nuisance is not abat ed. The time allotted by the Director for abate ment shall not be less than twenty -four (24) hours nor more than ten (10) days. SOURCE : GC § 9500.9. § 20110. Temporary Abatement. Should complete abatement of a public nuisance require more than ten (10) days, the Director may permit additional time for abate ment provided: (a) Temporary abatement measures are instituted within three (3) days; and (b) Such temporary measures shield the public from the danger of

irector may permit additional time for abate ment provided: (a) Temporary abatement measures are instituted within three (3) days; and (b) Such temporary measures shield the public from the danger of injury or disease exposure while the condi tion is being perma nently corrected. COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 5 SOURCE : GC § 9500.10. § 20111. Civil Relief. 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 noncom pliance with the notice, to the court of competent jurisdic tion for an injunction or other relief to abate the nuisance. SOURCE: GC § 9500.11. § 20112. Abating Public Nuisance on Private Property. 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 abatement of the nuisance by the Director shall be at the expense of the property owner and shall be a lien against the property

isance exists, the public nuisance continues unabated. The cost of the abatement of the nuisance by the Director shall be at the expense of the property owner and shall be a lien against the property on which the nuisance was maintained and a personal obliga tion against the property owner. SOURCE : GC § 9500.12. § 20113. Abatement Pr ocedure . Upon re quest 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 Chief of Police shall provide police personnel to effect or assist in the abatement and removal of any public nuisance whether on public or private property. SOURCE : GC § 9500.13. NOTE: References to 'Director of Pu blic Safety' changed to Chief of Police pursuant to P.L. 17 -078:1 (Dec. 12, 1984) , which repealed §5102 GC providing for the Department of Public Safety and reenact ed §5102 establishing the Guam Police Depart ment. § 20114. Accounting. The Director shall keep a sepa rate account ing of all funds spent from the special appro priation and this

Safety and reenact ed §5102 establishing the Guam Police Depart ment. § 20114. Accounting. The Director shall keep a sepa rate account ing of all funds spent from the special appro priation and this account ing shall be COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 6 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 of the property, the violation correct ed and the cost of the project. SOURCE: GC § 9500.14. § 20115. Liability. Should the Director find it necessary to abate a public nuisance or abate some other violation of this Part, the Dir ector 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 said abatement. SOURCE: GC § 9500.15. § 20116. Notice. Whenever written notice is required or authorized under this Part, such notice may be given by the Director, his author ized 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 copy at his place of residence or

author ized 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 copy at his place of residence or place of business or by mailing a copy by certi fied mail, return receipt requested, to his last known address. If such person is not in Guam or cannot be found in Guam after reasonable search, the notice shall be conspicuously posted on the premises concerning which notice is being given. Where notice is given by mail, such notice shall be complete upon deposit in the United States Post Office in an envelope ad dressed to the last known address of the person to whom notice is b eing given and bearing sufficient postage. SOURCE : GC § 9500.16. § 20117. Complaints . 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. § 20118. Penalty. Any person who violates any provi sion of this Part or any valid rule or regulation promulgat ed under this Part or who refuses COL 6/21/202310 GCA HEALTH AND SAFETY CH.

§ 9500 .17. § 20118. Penalty. Any person who violates any provi sion of this Part or any valid rule or regulation promulgat ed under this Part or who refuses COL 6/21/202310 GCA HEALTH AND SAFETY CH. 20 GENERAL PROVISIONS 7 or neglects to comply with any order issued by the Director or other officers and personnel of the Depa rtment in the carrying out of the provisions of this Part, the penalty for which is not other - wise prescribed in this Part, is guilty of a misde meanor. SOURCE: GC § 9500.18. §20119. Fees. Any and all fees collected pursuant to laws or rules and regul ations 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). §20120. Fines . 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). ---------- COL 6/21/2023