(a) Guam Building Code Council. The Guam Building Code Council shall sit as a Board of Appeals (Board) to hear appeals of any decision of the building official relative to the suitability of alternate materials and methods of construction, and to provide for reasonable interpretation of the provisions of this Chapter. The Director of Public Works, or the building official, shall make such investigations as are deemed necessary for appeals to the Board. The Board shall hold hearings and mayadopt reasonable rules and regulations for the conduct of any investigations made under its direction; provided, however, that every hearing shall be conducted pursuant to the procedure set forth in the Administrative Adjudication Law; and further provided, that the Board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant, and may recommend such new legislation as is consistent therewith to I Liheslatura (the Legislature). Neither the Director of Public Works nor the building official shall influence or attempt to influence the decision of the Board relative to any matter that pursuant to the provisions of this Section comes before it, except by the presentation of relevant evidence arising from its investigations, as directed by the Board. The Director of Public Works shall not vote on any appeal pursuant to this Subsection.

A final decision of the Board of Appeals may be appealed to the Superior Court in the manner provided in the Administrative Adjudication Law. The Guam Building Code Council may waive all accrued fines pursuant to § 66507(d) of this Article within one hundred eighty (180) days of the declaration of a building as unsafe if the property owner has demolished or repaired the subject property to the standard of the Guam Building Code.

(b) Territorial Land Use Commission. In any matter other than that which is the subject of an appeal pursuant to Subsection (a) of this Section, the Commission is empowered to hear appeals from any order, requirement, decision or determination of the building official or his authorized representative or any rule, regulation or amendment or repeal thereof made by the building official; provided, that summary abatement by the building official or his authorized representative pursuant to § 66506 of this Chapter shall be final and conclusive.

SOURCE: GC § 31055 as repealed and reenacted by P.L. 14-112:6 (Mar. 29, 1978). Amended by P.L. 32-157:8 (May 21, 2014), effective
180 days from enactment.

NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the references to the Government Code were altered to reflect its codification in the GCA.

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ARTICLE 6
TERRITORIAL LAND USE COMMISSION