5 Guam Code Ann. § 40128
Terms Used In 5 Guam Code Ann. § 40128
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) Advise the Mayor on all matters affecting the well- being of the community.
(b) Review and approve the Mayors’ requests for expenditures of money from the Municipal Fund as established by § 40118 of this Chapter.
(c) Hold joint public hearings with the Mayor and Vice
Mayor, if applicable, on matters affecting the community.
(d) Cooperate with the Mayor and Vice Mayor, if applicable, in whatever manner appropriate to ensure the well-being of the residents of the community.
(e) Promulgate such rules and regulations as necessary for the proper operation of the programs under the jurisdiction of the Mayor, provided however, that said rules and regulations do not infringe on the authority of the Mayor as provided in § 40115 of this Chapter.
(f) (1) Review and express its support or opposition on all variance applications, zone changes, and government leases involving land within their districts, pursuant to
§§ 61623, 61638, and 60115 of Title 21, Guam Code
Annotated. The Municipal Planning Council of each municipal district to be affected by other proposed
projects reviewed by the Guam Land Use Commission
shall review the request and express its support or opposition thereon by resolution adopted by a majority
of its members, and such resolutions shall be forwarded
to the Guam Land Use Commission.
(2) For each variance application, zone change, government lease, conditional use application, and other proposed project reviewed by the Guam Land Use Commission involving land in Guam, the relevant Municipal Planning Council of Guam’s respective villages shall conduct a minimum of two (2) separate public meetings, pursuant to the requirements of Chapter 8, Division 1, Title 5, Guam Code Annotated.
(g) The Guam Environmental Agency (GEPA) and all other government entities authorized to issue citations for violations of litter and defacement laws may deputize persons, after training from the Guam Community College Pro-Tech Institute, to fine violators of litter and defacement laws in the same manner that Mayors and Vice-Mayors are empowered in 5 Guam Code Ann. § 40115.
(h) The Municipal Planning Council shall act as the body politic with the power to make its own rules, establish committees, hold hearings, and to prepare, pass, and adopt resolutions. If a resolution from a Municipal Planning Council requests action from I Liheslaturan Guåhan, the resolution shall be received by the Rules Committee, or its equivalent, of I Liheslaturan Guåhan.(i) Each Municipal Planning Council shall, on or before July 30 of each year, submit a status report on the Municipal Litter and Defacement Fund to I Liheslaturan Guåhan.
SOURCE: GC § 15021 added by P.L. 14-27:9 and amended by P.L. 20-
033:1. Subsection (f) added by P.L. 20-217:7, amended by P.L. 33-068:2 (Sept. 15, 2015, and P.L. 33-129:1 (Mar. 4, 2016). Subsection (g) added by P.L. 25-119:2. Subsection (h) added by P.L. 30-088:1 (Feb. 8, 2010).
Subsection (i) added as uncodified law by P.L. 25-119:5 (Mar. 24, 2000)
and codified to this section by the Compiler.
NOTE: In adding this section, P.L. 14-027:9 (March 26, 1977) contained erroneous references to GCA in subsections (b) and (e). Pursuant to the authority granted by 1 Guam Code Ann. § 1606, these references have been altered to refer to the correct GCA provisions.