(A) Stop work or use orders. In addition to any other rights or remedies the village may have pursuant to this subchapter or other applicable law, the Village Clerk, upon finding the existence of an imminent threat to the public health, safety or welfare, may order a stoppage of work and/or use pending:
(1) Removal or elimination of the threat; and/or
(2) A hearing on the order before the Village Council under division (C) of this section.
(B) Revocation of permits. The Village Council may revoke a permit for any of the following reasons, subject to undertaking the procedure in division (C) of this section:
(1) Permittee’s violation of and/or noncompliance with this subchapter or a stop work or stop
use order of the Village Clerk;
(2) Permittee’s failure to comply with any of the terms, conditions and/or requirements of its
permit;
(3) Permittee’s failure to obtain permits and other approvals and to timely pay any fees required by this subchapter and/or any other applicable ordinances, codes, statutes or laws;
(4) Violation of any ordinance, code, state or federal law or any other applicable law or legal
requirement;
(5) A change to or cancellation of an insurance policy or coverage required by this subchapter without the prior written approval of the village;
(6) The cessation of operation, termination, dissolution or disbanding of the permittee;
(7) Causing, allowing and/or maintaining a nuisance as determined by the village in the village’s right-of-way;
(8) Failure to timely pay to the village any real property taxes, personal property taxes, assessments and/or other obligations;
(9) Failure to remove any liens or encumbrances from the village’s right-of-way;
(10) A material change of circumstance relating to the right-of-way which results in a material adverse condition in which to permit a continuation of permittee's use.
(C) Hearing procedure. In the event a stop work or use order is issued, or the village determines that a permit is subject to revocation under this subchapter, the village shall do the following:
(1) Mail via certified mail return receipt requested, or deliver a written notice of hearing to the permittee at the last address furnished to the Village Clerk by permittee, at least ten days prior to the hearing and containing the following information:
(a) Notice of the village's proposed action and stop work or use order, if applicable;
(b) Reasons for the village's proposed action and stop work or use order, if applicable;
(c) Date, time and location of hearing;
(d) A statement that at the hearing the permittee may present witnesses, evidence, information and arguments on its behalf and that the permittee has the right to be represented by counsel.
(2) Hold a hearing as scheduled. The permittee shall be given an opportunity to be represented
by counsel and to present witnesses, evidence, information and arguments. Other interested persons shall also be permitted to attend the hearing and may present evidence, information and comments on the matters addressed at the hearing.
(3) Following the hearing, the Village Council shall make a decision to continue, modify or dissolve a stop work or use order and/or revoke a permit, as applicable. In the event the Village Council decides to revoke a permit or to continue or modify a stop work or use order, it shall state the reasons for the decision on the record and shall mail or deliver written notice of its decision and reasons to the permittee.
(D) Violations/penalties.
(1) Any person determined to be in violation of this subchapter or a permit issued under it shall be responsible for a municipal civil infraction and shall pay a fine in the following amount:
(a) First offense: $1,000;
(b) Second or subsequent offense: $5,000.
(2) Any person in violation of this subchapter or a permit issued under it shall be responsible for restoration of the right-of-way to the condition that existed prior to the violation. If such person fails or refuses to restore the right-of-way after 30-days' notice from the village, and if the village determines that the civil infraction remedy is inadequate under the circumstances, the village may initiate proceedings in the appropriate court to recover the cost estimated to accomplish the restoration or recover such costs as have been actually expended by the village in achieving the restoration, as the case may be. Such costs shall include finance and reasonable administrative costs estimated or incurred.
(3) Each occurrence of a violation, and each day a violation exists, shall constitute a separate violation of this section.
(4) Violations of this section are considered to be a nuisance per se with such violations and correction of any conditions resulting from violations subject to abatement by injunctive or other appropriate order by a court of competent jurisdiction.
(E) Election of remedies. Violations of this subchapter and permits or orders issued under it subject the violator to village enforcement through one or more of the remedies provided in this section, and the election by the village to pursue one form of remedy does not waive or restrict the village’s option to pursue other remedies at the same or later time.
(Ord. 169, passed 11-27-00)