§ 1478.11  ABANDONMENT OF TOWERS.
   (a)   All providers utilizing towers shall present a report to the Mayor notifying the Mayor of any tower facility located in the municipality whose use will be discontinued and the date that use will cease. If, at any time, the use of a facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility’s owner/operator will receive written notice from the Building Commissioner and shall be instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.
   (b)   The village must provide the tower owner with three months’ notice and an opportunity to be heard before the Planning and Zoning Commission prior to initiating such action. After such notice has been provided, the village shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances thereto.
   (c)   The village shall provide the tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the three-month notice required in division (b) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing.
   (d)   After a public hearing is held pursuant to division (c) hereof, the Planning and Zoning Commission may order the acquisition or demolition of the tower. The village may require the licensee to pay for all expenses necessary to acquire or demolish the tower.
(Ord. 5-97, passed 7-14-1997)