(A) General. The provisions in this section are in addition to the general violation, penalties and enforcement provisions of this subchapter. Lake County shall retain authority to enforce the height and setbacks and operating requirements for accessory wind facilities in § 151.113(P), and additional requirements and standards for wind energy facilities as identified in Appendix Q.
(B) Violation, cessation and remedy.
(1) Should an accessory wind energy facility, or should any part of the facility, violate the Operating Requirements of this section, or become inoperable, the owner shall cease operations immediately.
(2) Upon receipt of a complaint or the notice of a complaint from the owner, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or Operating Requirements requiring immediate cessation of operation.
(3) Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.
(C) Finding of default and abandonment.
(1) The owner must remedy any condition in which the accessory wind energy facility has become inoperable, or otherwise violated the operating requirements defined under § 151.113(P) for accessory wind energy facilities within 180 days of the issue date on written notice from Lake County or be considered to be in default and the facility considered to be abandoned.
(2) The Planning, Building and Development Director may authorize an extension based on extenuating circumstances. All requests for extension must be made in writing, prior to the expiration of the 180-day remedy period, and provide the basis for the request and the amount of additional time requested.
(D) Decommissioning of wind facilities. If an accessory wind energy facility is not completely removed within 90 days of the finding of abandonment, Lake County may remove all facility components at the owner’s expense. In the case of such removal, Lake County has the right to file a lien for reimbursement, for any and all expenses incurred by Lake County without limitation, including attorney fees and accrued interest.
(Ord. 23-0675, passed 5-9-2023)