(A) Notice: Within ninety (90) days following written notice from the Village, a utility or wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility or wireless 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 thirty (30) days following written notice from the Village, any utility or wireless provider 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 rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
1. Upon expiration or termination of the permittee'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 permittee'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 utility or wireless provider, if known, prior to cutting or removing a facility and shall notify the utility or wireless provider, if known, after cutting or removing a facility.
(D) Wireless Provider Options Upon Removal Of A Village Utility Pole: The Village may eliminate above-ground utility poles as long as such decision is made on a nondiscriminatory basis. In the event the Village chooses to eliminate a utility pole upon which a small wireless facility is collocated, the Village will either: 1) install and maintain a reasonable alternative utility pole or wireless support structure for the collocation of the small wireless facility; 2) offer to sell the utility pole to the wireless provider at a reasonable cost; or 3) allow the wireless provider to install its own utility pole so it can maintain serviced from that location.
(E) Abandonment Of Facilities: Upon abandonment of a facility within the rights-of-way of the Village, the utility or wireless provider shall notify the Village within ninety (90) days. Following receipt of such notice the Village may direct the utility or wireless provider to remove all or any portion of the facility if the Superintendent of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility or wireless provider that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility or wireless provider shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
(F) Small Wireless Facilities; Deemed Abandoned: A small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within ninety (90) days after receipt of written notice from the Village notifying the wireless provider of the abandonment. The notice shall be sent by certified or registered mail, return receipt requested, by the Village to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within ninety (90) days of such notice, the Village may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for Municipal utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery. (Ord. 18-09, 8-6-2018)