(a) Required Notification. All providers utilizing towers shall notify the Village of Edon notifying it of any use of any tower facility that will be discontinued and the date this use will cease. Such report shall be filed with the Village of Edon thirty (30) days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty (180) days, the zoning inspector may declare the facility abandoned. The one hundred and eighty (180) day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility will receive written notice from the zoning inspector and be instructed to either reactivate use of the facility within one hundred and eighty (180) days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the Village of Edon will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs. Enforcement from of any costs assessment may be by certification to the County Auditor for collection upon the tax duplicate or through any other remedy provided by law.
(b) Required Notice to Owner. The Village of Edon must provide the tower owner thirty (30) days’ notice and an opportunity to be heard before the Planning Commission before initiating such action. After such notice has been provided, the Village of Edon shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
(c) Right To Public Hearing by Owner. The Village of Edon shall provide the tower owner with the right to a public hearing before the Planning Commission, which public hearing shall follow the thirty (30) day notice required in Section 1190.09(b). All interested parties shall be allowed an opportunity to be heard at the public hearing.
(d) Order of Abatement or Demolition. After a public hearing is held pursuant to Section 1190.09(c), the Village of Edon may order the abatement or demolition of the tower. The Village of Edon may require owner or licensee to pay for all expenses necessary to acquire or demolish the tower. (Ord 07-13. Passed 12-16-13.)