(A) The Mayor may revoke or suspend a permit for cause or if it is determined that a small wind energy system is not in compliance with the requirements of this chapter or other laws or regulations. The owner shall be given not less than seven days’ notice of suspension or revocation, which notice shall be presumed received on the expiration of three days after deposit in the mail properly addressed to the owner at the address stated in the application, or immediately upon hand-delivery to the owner.
(B) Upon expiration of the period set forth in the notice, the operation of the small wind energy system shall cease. If the violation or event of noncompliance giving rise to the suspension is not corrected, and the suspension lifted and permit reinstated, within 90 days thereafter, the small wind energy system shall be removed by the owner at the owner’s sole expense. If a permit is revoked and a new permit is not thereafter issued within 90 days after the date of revocation, the small wind energy system shall be removed by the owner at the owner’s sole expense.
(C) The suspension or revocation of a small wind energy system permit may be appealed by written notice of appeal, filed with the city, within 20 days after receipt of notice of suspension or revocation. The use and operation of the small wind energy system shall cease upon expiration of the period set forth in the notice, notwithstanding the pendency of an appeal. The town council shall have sole and exclusive authority to hear and decide all such appeals, and the decision of the town council shall be final and binding.
(Ord. O-2009-024, passed 8-25-09)