A. An SES that is visibly damaged or not capable of operating for a period exceeding thirty (30) consecutive days shall be deemed abandoned. The owner of an abandoned SES and the owner of the property on which the SES is located shall cause either: 1) the SES to be repaired and made operable within ninety (90) days after receipt of a notice of abandonment from the Village; or 2) the removal of all SES structures and facilities within ninety (90) days after receipt of a notice of abandonment from the Village.
B. Any abandoned SES that is not removed within ninety (90) days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the Village shall have the right, but not the obligation, to: 1) summarily abate by removing such system at the joint and several expense of the owners of the system and of the property on which the system is located; or 2) address through other means. In the case of such removal, the Village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the Village in connection with the SES removal and related roof repair, including, without limitation, attorney fees and accrued interest.
C. Upon removal of the SES, the owner of record of the subject property shall restore that portion of the subject property on which the system was installed in accordance with the standards required by the Village's then-current applicable codes. (Ord. 20-O-003, 1-21-2020)