(a) Any person who shall erect, construct, reconstruct , alter, repair, convert, attach, or maintain any small cell facility or support structure in violation of any of the terms of this chapter, or who, being the owner or agent of the owner of any lot, tract, or parcel of land, shall suffer or permit another to erect, construct, reconstruct, alter, repair, convert, attach, or maintain any such facility, shall be deemed to have violated the provisions hereof and commits a third degree misdemeanor each day
during the period such violation continues.
(b) If any small cell facility or support structure is erected, constructed, reconstructed, altered, repaired, converted, attached, or maintained in violation of this chapter or of any regulations made pursuant hereto, the proper officer of the Village, in addition to other remedies, may institute in the name of the Village any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, attachment, or use, to restrain, correct, or abate such violation, to prevent the use of such facility, and/or to prevent any illegal act, conduct, business, or use in or about such facility.
(c) The Service Department personnel are authorized to make requests and to issue orders regarding small cell facilities in the right-of-way for the purpose of public safety and compliance with this chapter. The Service Department and/or Commissioner of Buildings are also authorized to conduct visual and external inspections of small cell facilities and support structures in the right-of-way at any time and shall make efforts to coordinate with the provider responsible for a small cell facility for any internal inspection of the relevant equipment.
(d) Nothing herein shall prevent the Village from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 3971. Passed 6-20-18.)
CODIFIED ORDINANCES OF BRATENAHL