5 Guam Code Ann. § 40112
Terms Used In 5 Guam Code Ann. § 40112
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Oath: A promise to tell the truth.
(a) Serve as the direct administrative representative of the people of the district from which he is elected.
(b) Plan and implement a street name and house numbering system.
(c) Oversee, coordinate or undertake beautification programs including a clean-up and removal of public nuisance and debris, and, to this end, is hereby authorized to officially utilize, establish regular and consistent working relations and effectively coordinate with the Department of Public Works, the Department of Parks and Recreation and any other entity within the government of Guam and may also work with non-profit organizations.
(d) In cooperation with the appropriate department or agency conduct or cause to be conducted a periodic sanitary, health and environmental inspection in accordance with guidelines set forth by the appropriate public agency. He may issue a warning for a first violation or report the same to the appropriate government agency for action.
(e) Be responsible for the maintenance and security of the Mayor’s Office in his district.
(f) Be responsible for maintenance of village streets, parks and recreation facilities, in conjunction with the Department of Public Works and Department of Parks and Recreation pursuant to § 40113 of this Chapter.
(g) Assist appropriate government agencies in implementing social services and public assistance programs within his jurisdiction.
(h) Serve as peace officer and assist in the maintenance of law and order in his district.
(i) Act as an official representative of his district at legislative and executive public hearings involving matters affecting his district.
(j) Assist in coordinating the civilian emergency preparedness system in time of emergency or disaster.
(k) Submit an annual written report to the Governor and the Guam Legislature on the activities of his office, expenditure of funds allotted and make general comments and recommendations relative to the state of his district.
(l) Make a report to the residents of his district on a quarterly basis at a properly noticed public meeting to be held within the district.
(m) Conduct an annual census and maintain a current listing of names of all residents in his jurisdiction; and as part of the process of conducting the annual census, verify veteran status of residents, if any, and submit a separate annual report of the names and total number of veterans residing in his/her jurisdiction to the Office of Veterans Affairs for the purpose of updating the Guam Veterans Registry.
(n) Cooperate with any agency and department of the government of Guam in matters pertaining to his district and work jointly with officials of the government of Guam toward the attainment of peace, order, justice and the general economic and social welfare of the people of Guam.
(o) To issue citations to owners of property for failure to remove property deemed unsafe by building officials
pursuant to §§ 66501 through 66507 of Title 21, Guam Code Annotated. In the event that the owner does not remove the unsafe structure, the Mayor or Vice-Mayor may have the structure cleared and submit the bill to the owner for payment. In the event that the Mayor of Vice-Mayor takes action to clear the unsafe structure, a ten percent (10%) surcharge shall be added to the bill, and the surcharge shall be deposited into the Municipal Fund. Should the owner refuse to pay, the Mayor or Vice-Mayor shall forward the claim to the Attorney General requesting that steps be taken to record a lien against the property in the amount of the unpaid bill.
(p) Coordinate with the Department of Public Works (DPW) and the Guam Police Department (GPD) in determining where speed bumps should be located in their village streets. DPW shall construct and maintain such speed bumps after their location is so determined and after obtaining the concurrence of GPD. DPW shall post warning signs on such streets with speed bumps cautioning drivers to beware of pedestrians and to slow down.
(q) To administer the Oath of Office to Municipal Planning Council members, and to officers-elect and board members-elect of organizations and associations. This authority may be delegated to a village Vice Mayor upon the discretion of that same village’s Mayor.
(r) To block or close off non-routed streets and roadways in their villages during village funerals, fiestas, and other events without obtaining any highway encroachment permit from the Department of Public Works. The Mayor shall post notice at the site indicating when the road closure is pursuant to the authority granted herein.
(s) To serve on the Hybrid Guam Land Use
Commission as “”Municipal Commissioners”” pursuant to § 60401 of Article 4, Chapter 60, Title 21 Guam Code Ann..
(t) Solicit veteran status (if any) of constituents applying for a verification of residency and offer the option of listing veteran status on the verification of residency form,
upon presentation of a DD214 form.
(1) Constituents may provide a copy of their DD214 form or other proof of veteran status as a qualifying document.
(2) With the documented consent of the party of interest, Mayors shall transmit a copy of the DD214 form or other proof of veteran status to the Office of Veteran Affairs no later than thirty (30) days after residency verification for the purpose of updating the Guam Veterans Registry and connecting veterans to available services.
(3) If constituent is unable to provide a DD214 form or other proof of veteran status, Mayors shall indicate on constituent’s verification form that qualifying documents were not provided.
(4) With the documented consent of the party of interest, Mayor shall transmit a copy of the Mayor’s Verification to the Office of Veteran Affairs. Transmission of forms may be made by electronic means over a secured network as prescribed by the Office of Technology and the Office of Veterans Affairs.
(5) The Office of Veteran Affairs shall have the authority to adopt regulations to implement and administer the provisions of this Subsection.
SOURCE: GC § 15009 repealed/reenacted by P.L. 14-27:6; subsection (c)
further amended by P.L. 15-85:1. Subsection (f) amended by P.L. 18-
15:X:18. Subsection (o) added by P.L. 21-119:3. Subsection (p) added by
P.L. 22-61:2. Subsection (q) added by P.L. 27-50:2. Subsection (r) added by P.L. 31-188:1 (Feb. 27, 2012); amended by P.L. 31-224:1 (June 15,
2012). Subsection (s) added by P.L. 33-219:4 (Dec. 17, 2016). Subsection
(m) amended by P.L. 34-130:2 (Oct. 17, 2018). Subsection (t) added by
P.L. 34-130:3 (Oct. 17, 2018).
2018 NOTE: Subitem designations added to subsection (t) pursuant to the authority of 1 Guam Code Ann. § 1606.
NOTE: P.L. 22-61:1, Legislative finding, states:
The Legislature finds that in view of the distressingly high number of pedestrian accidents on village streets, it is critical thatsomething be done to slow the speed of vehicles on such streets that all too frequently are filled with cars exceeding the speed limits. The Mayors of each municipal district are charged with the responsibility of maintaining their village streets and know which streets have a need for such speed bumps, and therefore the Legislature finds the Mayors are best suited to work with the Department of Public Works and the Guam Police Department in determining which village streets need speed bumps and where.
§ 40113. Mayors: Maintenance Functions and Areas of
Responsibility.
(a) Mayors shall have exclusive responsibility, in the areas defined in Subsection (b) of this Section, for performing general minor repair and maintenance work which may include, but is not necessarily limited to, cleaning, painting, plumbing, trash collection, landscape maintenance, upkeep of drainage facilities, planting of trees, plants and flowers, maintenance of street signs and replacement of streetlights. For purposes of this Section, “”minor repair and maintenance work”” shall include only work for which the combined costs of supplies and labor does not exceed Five Thousand Dollars ($5,000.00) for any particular repair or maintenance project or activity.
(b) The Mayors are responsible for general minor repair and maintenance of village public streets and roads, public streetlights, public buildings being used to house the Mayor’s Office, and community centers in their respective districts, and the following areas:
(1) The Mayor of Agat is responsible for the Agat Recreation Area, San Jose Circle, and the former Agat Fire Station located on Lot # 443 Part 1-2 New 1.
(2) The Mayor of Agana is responsible for the Agana basketball court;
(3) The Mayor of Agana Heights shall be responsible for the Agana Heights Recreation Area and the care and administration of Lot No. 64-3, Agana Heights, Guam, containing an area of 5,120.23± square meters, as shown in Instrument No. MA11092, Department of Land Management, and Document No. 340078, Department of Land Management, the former site of the United States Naval
Hospital incinerator, which shall be utilized for public recreation purposes;
(4) The Mayor of Asan is responsible for the Asan
Recreation Area and the Maina Recreation Area;
(5) The Mayor of Barrigada is responsible for the
Barrigada Recreation Area;
(6) The Mayor of Chalan Pago and Ordot is responsible for the Jose U. Atoigue Memorial Park;
(7) The Mayor of Dededo is responsible for the Astumbo Recreation Area, Central Park, the Civic Center, the Dededo Recreation Area and the Dededo Municipal Building;
(8) The Mayor of Inarajan is responsible for Recreation Area I, Recreation Area II, the Malojloj Recreation Area, and the Inarajan Community Center. Administrative jurisdiction over the Inarajan Community Center is hereby transferred from the Department of Parks and Recreation to the Inarajan Mayor; provided, that the Mayor uses the Community Center for civic and community purposes. Such purposes may include, but are not limited to, a community and recreational center; a learning center; a museum; or a fishermen’s and farmer’s cooperative;
(9) The Mayor of Mangilao is responsible for Plumeria
Park, Mangilao Park and the Mangilao Playground;
(10) The Mayor of Merizo is responsible for the Merizo Recreation Area, the Tot Lot, and the Merlyn G. Cook Schoo1;
(11) The Mayor of Mongmong-Toto-Maite is responsible for the Mapas Recreation Area and the Toto Recreation Area;
(12) The Mayor of Piti is responsible for the Piti Community Ball Park and the Pedro C. Santos Memorial Park;
(13) The Mayor of Santa Rita is responsible for the Santa Rita Recreation Area and the Jose (Icha) M. Guzman Baseball Field;
(14) The Mayor of Sinajana is responsible for the
Community Parks A, B, and C;
(15) The Mayor of Talofofo is responsible for the
Talofofo Recreation Area;
(16) The Mayor of Tamuning-Tumon is responsible for the Tamuning and Tumon Recreation Areas;
(17) The Mayor of Umatac is responsible for the Umatac
Recreation Area;
(18) The Mayor of Yigo is responsible for the Agafa
Gumas Recreation Area and the Yigo Recreation Area;
(19) The Mayor of Yona is responsible for Blas Park, Pangelinan Park, Quichocho Park, Violet Park, and the Yona Community Park. The Office of the Mayor shall also have administrative authority of the Taga’chang Beach Park and shall adopt the Department of Parks and Recreation rules and regulations and the fee schedule for the use of the Park, any of its recreation shelters or any activity within the premises of the Park; and shall allocate a portion of the proceeds, which shall be deposited subject to the provisions of § 40135 of this Chapter, received for such use, for the maintenance and upkeep of the Taga’chang Beach Park.
(20) The Mayor of Merizo is responsible for the Merizo Pier Park. The authority for allowing use of the facility and assessment of authorized fees, as currently exercised by the Department of Parks Recreation, shall be made a part of the granting of this responsibility, in the interim, until the Mayor, through the AA process, formulates a new fee structure or new rules and regulations.
(c) Nothing in this Chapter shall be interpreted as limiting the power of Mayors to enter into contracts for the performance of repair and maintenance functions.
(d) All Mayors’ Offices shall be allowed to dump for free their Village trash or debris at the Ordot dump, the Agat transfer station and any other permitted dump site operated by the Department of Public Works (DPW). This trash or debris shall come strictly from their duties in maintaining Village streets and public buildings, parks or facilities in their Villages, including the clean-up and removal of public nuisances and debris.
(e) Transfer of the Baza Gardens Baseball Field from the Department of Parks and Recreation to the Office of the Mayor of Yona. The Baza Gardens Baseball Field located at the entrance of the Baza Gardens housing area, designated as Lot No. 95-REM
2C-1, Municipality of Yona, Guam, containing an area of two (2)
acres, is hereby officially transferred from the control of the
Department of Parks and Recreation to the control of the Office of the Mayor of Yona. The Office of the Mayor of Yona shall be responsible for the overall administration, operation and mainte- nance of the baseball field for use by the residents of Yona and the island community.
SOURCE: GC § 15009.5 added by P.L. 18-15:X:19. Amended by P.L.
20-33:1. Subsection (b)(3) repealed and reenacted by P.L. 24-133:2. Subsection (d) added by P.L. 26-35:III:23(b). Subsection (e) added by P.L.
27-39:2. Subsection (b)(3) amended by P.L.27-73:2. Subsection (b)(10) amended by P.L. 28-153:2 (Nov. 22, 2006). Subsection (b)(7) amended by P.L. 29-049:3 (Jan. 2, 2008). Subsection (b)(20) added by P.L. 30-
078:3 (Jan. 22, 2010). Subsection (b)(19) amended by P.L. 31-162:1 (Jan.
4, 2012). Subsection (b)(8) amended by P.L. 31-241:3 (Dec. 26, 2012). Subsection (b)(1) amended by P.L. 32-014:3 (Apr. 11, 2013).