(A) Failure to obtain a permit for collocation of a small wireless facility or failure to comply with the conditions of a permit shall be deemed to be a violation of this chapter.
(B) Upon due investigations, the Village Administrator may determine that a violation of the minimum standards of this chapter exists. The Village Administrator shall notify the provider in writing of such violation.
(1) If the provider fails after ten days of notice to correct the violation:
(a) The Village Administrator may make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the chapter;
(b) Any person who violates this chapter shall upon conviction thereof be fined not less than $50 nor more than $500 for each offence; and
(c) A separate offence shall be deemed committed upon each day during or on which a violation occurs or continues.
(2) Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the provider.
(3) The Village Administrator is authorized to issue an order requiring the suspension of the operation, maintenance, or construction of any small wireless facility in violation of this chapter. The stop work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop work order. The stop work order constitutes a suspension of the small wireless facility collocation permit.
(4) Other remedies. The remedies herein above provided shall not be exclusive and the village may seek whatever other remedies are authorized by statute, at law or in equity, against any person violating the provisions of this chapter.
(5) Action by village. When, in the opinion of the Village Administrator, the violation of this chapter represents an imminent and irreversible threat to the public health, safety and welfare, the Village may correct the violation and assess the costs thereof to the provider.
(6) Falsified information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $1,000 or shall be incarcerated in a penal institution other than the penitentiary for a period not to exceed six months for each offense.
(Ord. 18-07-01, passed 7-24-2018)