(A) Notice. Within 90 days following written notice from the village, an entity shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any entity facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any village improvement in or upon, or the operations of the village in or upon, the rights-of-way.
(B) Removal of Unauthorized Facilities. Within 30 days following written notice from the village, any entity that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the entity's license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
(4) If the facility was constructed or installed at a location not permitted by the entity's license or franchise.
(C) Emergency Removal or Relocation of Facilities. The village retains the right and privilege to cut or move any facilities located within the rights-of-way of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the entity, if known, prior to cutting or removing a facility and shall notify the entity, if known, after cutting or removing a facility.
(D) Abandonment of Facilities.
(1) In the event the use of a facility has been discontinued for a period of 180 consecutive days, within the public rights-of-way of the village, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Community Development Director, who shall have the right to request documentation and/or affidavits from the entity regarding the issue of the facility's use. Upon the Director's determination and written notification to the entity of such abandonment, the entity shall notify the village within 90 days, within which to:
(a) Reactivate the actual use of the facility or transfer the facility to another entity which makes actual use of the facility; or
(b) Dismantle and remove the facility and notify the Director in writing of the completion of such removal.
(2) Following the end of the 90-day period from the date of receipt of such notice, and no action has been taken under divisions (a) or (b) hereinabove, the Community Development Director may direct the entity to remove all or any portion of the facility if it is determined that such removal will be in the best interest of the public health, safety and welfare. At the earlier date of either 270 days from the date of discontinuance without reactivation, or upon completion of dismantling or removal, any special exception or variance approval for the facility shall automatically expire without further action by the village. In the event that the village does not direct the entity that abandoned the facility to remove it, by giving notice of abandonment to the village, the abandoning entity shall be deemed to consent to the alteration or removal of all or any portion of the facility by another entity or person.
(Ord. 1420-07, passed 12-18-07)