(A) Any antenna or tower that is not used or operated for a continuous period of 12 months, or which fails to comply with the requirements of § 154.173(B) or (C) shall be considered abandoned. However, before an antenna or tower is considered abandoned, the Village Board shall provide the owner thereof and the owner of the property upon which it is located with at least 45 days advance written notice of the reasons why the village has determined it is abandoned, notice of the date and time of the meeting when the matter will be considered and advise them that they will be given the opportunity to be heard at the meeting.
(B) All abandoned or unused portions of a personal wireless service facility shall be removed within six months of the Village Board's determination that such facilities are abandoned, unless a time extension is approved by the Village Board. Before the Village Board makes a finding or issues an order for removal of the facility resulting from its abandonment, the applicant and the owner shall be given an opportunity for a pre-deprivation hearing in the manner described below:
(1) When the village believes all or any part of a facility has been abandoned, the Village Clerk shall cause a notice of facility abandonment to be sent via first class mail to the owner of the facility. The notice of facility abandonment shall state the name and address of the owner, the name and address of the property owner, a summary of the grounds for the village's determination and describe the opportunity for a hearing. If the village does not have any records identifying the owner of the facility, the village shall send notice to the owner, as identified by the tax records of the Chief County Assessment Officer.
(2) Failure to request a hearing within 21 days from the date of the notice will result in the Village Board making its determination solely on the basis of evidence presented by the village staff, agents and contractors.
(3) A person may challenge the validity of the notice of facility abandonment by requesting a hearing and appearing in person to submit evidence which would disprove abandonment, or the term for which the facility has not been used or operated is less than 12 months. Upon a request for a hearing, the Village Clerk shall schedule the hearing for a regular or special Village Board meeting.
(4) All parties shall be given a reasonable opportunity to present testimony and evidence at the hearing. A request for a continuance of the hearing date must be made in person before the Village Board and may be granted upon a showing of good cause. The formal rules of evidence will not apply at the hearing.
(5) Written notice of the Board's determination of abandonment shall be sent via regular mail, and via certified mail, return receipt requested, to the owner of the personal wireless service facilities and the owner of the property, as determined by reference to the records of the Chief County Assessment Officer.
(C) The owner of any antenna or tower designated by the Village Board as abandoned shall remove the same within 90 days of receipt of notice from the village.
(D) In order to guarantee said removal, the applicant for a building permit for placement of personal wireless service facilities must post and maintain as a condition of the permit an irrevocable letter of credit, performance bond or other security as approved by the Village Attorney, in an amount equal to 115% of the estimated cost of removal. Terms and conditions regarding the required removal and performance guarantee provisions of this subchapter shall be established as a condition of a special use ordinance, if required.
(E) If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 16-02, passed 2-22-2016)