(a) In addition to any rights set out elsewhere in this chapter, the village reserves the right to seek termination of a permit pursuant to the provisions hereof, and all rights and privileges pertaining thereto, in the event that any of the following are found to have occurred:
(1) A violation of any material provision of the permit;
(2) The permittee becomes insolvent, or is adjudged a bankrupt;
(3) An unauthorized sale, assignment or transfer of the permittee’s permit or a substantial interest therein;
(4) Misrepresentation by or on behalf of a permittee in any application to the village;
(5) Abandonment of telecommunications facilities in the rights-of-way;
(6) Failure to relocate or remove facilities as required in this chapter; or
(7) Failure to pay taxes, compensation, fees or costs when and as due the village.
(b) Upon failure of the permittee to comply with the material terms of the permit, the village may by ordinance terminate the permit in accordance with the procedures set forth in this section. Upon termination, all rights of the permittee shall immediately be divested without further act upon the part of the village. At the village’s option and to the extent permitted or in the manner required by applicable state law, the village shall either purchase the permittee’s facilities in accordance with § 1477.12 or the village shall require or seek to require, as the case may be, the permittee to remove its facilities from the rights-of-way. If the village requires removal, the permittee shall forthwith remove its structures or property from the rights-of-way and restore them to such condition as the village may require. Upon failure to do so, the village may perform the work and collect the cost thereof from the permittee. The cost thereof shall be a lien upon all facilities and property of the permittee. Such lien shall not attach to property of the permittee located on the poles of other utilities until removal of such property from the pole or poles.
(c) (1) Upon written recommendation by the Director, or upon its own motion, Council shall give written notice to the permittee of the existence of a material violation or failure to comply with the permit. The permittee shall have a period of 60 days after receipt of such notice from the village in which to cease such violation and comply with the terms and provisions hereof. In the event the permittee fails to cease such violation or to otherwise comply with the terms hereof, then the permittee’s permit is subject to termination under the following provisions, provided, however, that if the permittee commences work or other efforts to cure such violations within 30 days after receipt of written notice and shall thereafter prosecute each curative work with reasonable diligence until such curative work is completed, then such violations shall cease to exist, and the permit will not be terminated. If the curative work is not completed within 90 days of commencement of such work, the permittee and the Mayor shall report to the village with respect to the progress made on such curative work and the anticipated completion date.
(2) Termination shall be declared only by a written decision of Council after an appropriate public proceeding whereby the permittee is afforded the full opportunity to be heard and to respond to any such notice of violation or failure to comply. The permittee shall be provided at least ten days’ prior written notice of any public hearing concerning the termination of the permit and, in addition, ten days’ notice by publication shall be given of the date, time and place of any public hearing to interested members of the public, which notice shall be paid for by the permittee.
(3) Council, after a full public hearing, and upon finding a material violation or failure to comply, may, in its discretion, terminate the permit or impose a lesser penalty than termination of the permit, including, but not limited to, a penalty of up to $1,000 per day per violation, or excuse the violation or failure to comply upon a showing by the permittee of mitigating circumstances or upon a showing of good cause for said violation or failure to comply as may be determined by Council.
(d) The village shall have the right to terminate the permit 120 days after the appointment of a receiver, or trustee, to take over and conduct the business of the permittee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of 120 day period or unless:
(1) Within 120 days after his or her election or appointment, such receiver or trustee shall have fully complied with all the provisions of the permit and remedied all defaults thereunder; and
(2) Such receiver or trustee, within said 120 days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the permit.
(Ord. 6-97, passed 7-14-1997)