977.06 REMOVAL OF UNAUTHORIZED FACILITIES.

   Within thirty (30) days following written notice from the Village, any person that owns, controls or maintains any unauthorized facility or related appurtenances within the public ways of the Village shall, at its own expense, remove such facilities or appurtenances from the public ways of the Village. After the thirty (30) days have expired, the Village may remove the facilities or appurtenance from the public ways at the expense of the person that owns, controls or maintains such unauthorized facilities. For purposes of this section, a facility is "unauthorized" and subject to removal in the following circumstances:

    (a)    Upon revocation of the use permit for such facility pursuant to Section 977.14 hereof;

    (b)    Upon abandonment of a facility;

    (c)    If the facility was constructed or installed, or any excavation of a public way was performed, without prior issuance of the required construction permit, except as otherwise permitted under this legislation;

    (d)    If the facility was constructed or installed, or any excavation of a public way was performed, in a manner inconsistent with the terms of a use permit, construction permit or this legislation;

      (Ord. 106-01-99. Passed 1-26-99.)

977.07 EMERGENCY REMOVAL OR RELOCATION OF FACILITIES.

   The Village retains the right and privilege to remove, relocate or alter any facilities, or stop work on any construction, installation or excavation, located within the public ways of the Village, as the Village may determine to be necessary and appropriate to protect the public health, safety or welfare.

(Ord. 106-01-99. Passed 1-26-99.)

977.08 RESTORATION OF THE PUBLIC WAYS, VILLAGE PROPERTY AND LANDSCAPING.

   (a)    Promptly after completing any work in or affecting any public ways or Village property, a permit holder, or any person acting on its behalf, shall at its own expense restore, to the satisfaction of the Village, such public ways or Village property to their condition before the commencement of the work. The permit holder shall restore as nearly as may be practicable all trees, landscaping and grounds to their condition prior to the performance of such work.

   (b)    If weather or other conditions outside the control of the permit holder do not permit the complete restoration required under subsection (a) hereof, the permit holder shall temporarily restore the affected property at the its sole expense. The permit holder shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

(Ord. 106-01-99. Passed 1-26-99.)