(A) Should any user discontinue use of any facilities in the rights-of-way, the user shall remove, repair surface conditions, and secure the facilities unless the village agrees in writing to allow the facilities to be abandoned in place.
(B) Upon an abandonment in place, full title and ownership of the abandoned facilities shall pass to the village, excluding environmental hazards, and the village shall have no obligation to pay compensation to the user. The user shall, however, continue to be responsible for all taxes on the facilities or other liabilities associated therewith, until the date the same is accepted by the village.
(C) In case of any failure of a user’s physical plant, whether due to damage, age, lack of maintenance or any other cause, the village shall notify the user who shall, within the time stipulated by the village, respond and repair the failed plant. Should the user fail to act as required, or in cases where protection of public safety requires an immediate response, the village may take any required, corrective action and recover the costs of same from the user by any available remedy.
(D) In case of any failure of a user to maintain its structures, facilities, and the like to a reasonable appearance or to a reasonable level of use, the village shall notify the user who shall, within the time stipulated by the village, respond and repair the structure, facility, and the like. Should the user fail to act as required, or in cases where protection of public safety requires an immediate response, the village may take any required, corrective action and recover the costs of same from the user by any available remedy.
(E) In case of the village determining that a user’s facilities, property, structures, and the like in the right-of-way must be relocated or removed, the village shall notify user who shall, within the time stipulated by the village, respond and relocate or remove the property, structure, and the like. Should user fail to act as required, or in cases where protection of public safety requires an immediate response, the village may take any required, corrective action and recover the costs of same from the user by any available remedy.
(Ord. 1253-99, passed 5-11-1999) Penalty, see § 95.99