(a) The building official, whenever he shall make a finding, as a result of the examination required in § 66502, shall:

(1) Notify in writing, by personal service, certified mail, or registered mail, the owner, occupant, lessee, mortgagee, agent, and other persons having an interest in said building as shown by the land records of the Department of Land Management, that the building or structure is unsafe, and that:

(A) the owner must vacate and either repair or demolish said building or structure in accordance with the terms of the notice and of this Chapter;

(B) the occupant or lessee must vacate said building, or prove it repaired in accordance with the terms of the notice and of this Chapter; and

(C) said mortgagee, agent, or other persons having an interest in said building, must vacate and may, at his own risk, repair or demolish said building or have such work or act done. Any person notified under this Subsection to vacate and either repair or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice as herein provided. Such notice shall describe the building deemed unsafe, shall include a statement of the particulars which make it unsafe, and shall contain an order requiring the building to be put in such condition as to comply with the terms of this Chapter within a stated time, not exceeding thirty (30) days.

(2) Post, or cause to be posted in a conspicuous place at the principal point of entry to the building deemed unsafe, a notice reading as follows:
“”This building has been found to be unsafe by the Department of Public Works, government of Guam. This notice is to remain on the building until it is vacated and either repaired or demolished in accordance with the notice which has been given to all parties having an interest in this building. It is unlawful to remove this notice until such notice is complied with.””

(b) The building official, in the event of non-compliance with the notice and order hereinabove provided for in § 66503(a) shall:

(1) Notify in writing by personal service, certified mail, or registered mail, the State Historic Preservation Officer and the same parties as in § 66503(a) to appear before him on a specified date to show cause why the building deemed unsafe should not be vacated and either repaired or demolished in accordance with the statement of particulars set forth in the prior notice.

(2) Hold a hearing and hear such testimony as building department employees, owner, occupant, lessee, mortgagee, or other interested parties shall offer relative to the unsafe building.

(3) Make written findings of fact from the testimony offered at said hearing, and on the basis of such findings render a written decision as to whether the building is safe, or unsafe within the meaning of this Chapter. The original copy of such findings and decisions shall be kept in the Department of Public Works. Other copies shall be sent to all parties served with notice of the hearing.

(4) On the finding that the building is unsafe, issue an order based on such findings of fact, commanding all parties served with notice of the hearing to vacate and either repair or demolish such unsafe building; provided, that any person so notified, except the owner, must vacate the premises and shall have the privilege of repairing; and provided further, that no person other than the owner shall be ordered to demolish said building.
(c) In the case of non-compliance with the above order within ten (10) days, the building official shall cause such building to be vacated and either repaired or demolished as the facts may warrant, in accordance with the standards for vacation and either repair or demolition set forth in § 66503(d). The costs of such vacation and either repair or demolition shall be a lien against the land on which the building exists or existed, as the case may be, until recovered by the government of Guam.

(d) The building official in ordering vacation and either repair or demolition of a building found unsafe, shall be governed by the following standards:

(1) If an unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered to be repaired.

(2) If deemed an unsafe building, it shall be ordered to be vacated.

(3) If an unsafe building is damaged or decayed, or deteriorated to the extent of fifty percent (50%) of its original value or structure, it shall be demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the provisions or unsafe within the meaning of this Chapter, it shall be demolished.

SOURCE: GC § 31050. Amended by P.L. 32-157:4 (May 21, 2014), effective 180 days from enactment.