A. A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the facility shall remove the small wireless facility and any associated wireless support structure or utility pole within ninety (90) days after receipt of written notice from the Village notifying it of the abandonment. The requirement that a wireless support structure or utility pole associated with an abandoned small wireless facility be removed does not apply if the owner of the facility does not own or otherwise have the right to remove the structure or pole, and does not apply to Village-owned utility poles unless requested by the Village. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at its last known address. If the small wireless facility and associated wireless support structure or utility pole, if any, is not removed within ninety (90) days after receipt of such notice, such wireless facility and associated structure or pole shall be deemed to be a nuisance and the Village may remove or cause the removal of such facility, structure or pole and recover or place a lien for its costs, pursuant to the terms of its pole attachment or other agreement for Village utility poles or through the procedures for abatement of nuisances set forth in this code.
B. In the event the Village suspects that the wireless provider is no longer using the small wireless facilities to provide wireless service, it may send the wireless provider written notice that requires the wireless provider to remove the small wireless facility and associated wireless support structure or utility pole or provide proof that the small wireless facility is operational and still being used within thirty (30) days, and informs the wireless provider that failure to provide proof or to remove the small wireless facility, and any associated wireless support structure or utility pole will result in the Village removing the small wireless facility, structure or pole at the wireless provider’s cost. (Ord. O2018-38, 9-4-2018; amd. Ord. O2022-06, 3-1-2022)