(a)   It shall be unlawful to construct or operate any WECS or part thereof in violation of any provision of this Chapter 1165, a WECS license, or a WECS license agreement. Any person or business entity who violates or fails to comply with any provision of this chapter, WECS license or WECS license agreement shall, upon conviction thereof, be subject to forfeitures of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000), and shall pay all costs and expenses of enforcement, including attorney and other fees incurred by the Village. Each day a violation exists or continues shall constitute a separate offense.
   (b)   The owner, officer or employee having control or supervision of the Wind Energy Conversion System shall be charged with the responsibility of complying with all aspects of this Chapter 1165. If any of the conditions of this chapter are violated, the owner, officer or employee shall be held personally responsible. The dissolution, termination or bankruptcy of the business entity does not discharge the responsibility of the owner, officer or employee.
   (c)   The Village Council shall retain continuing jurisdiction to modify, suspend or revoke all Wind Energy Conversion System licenses. Such authority shall be in addition to the Village's authority to prosecute violations and take other enforcement action.
   (d)   Any resident of the Village or Village Official may file a written complaint alleging that a WECS licensee has committed or is committing a violation. The complaint will be heard by the Board of Zoning Appeals, who shall preliminarily review the complaint. The Board of Zoning Appeals may request information from the holder of a WECS license, the complainant, and any other person or entity to assist with its preliminary review. Following the preliminary review the Board of Zoning Appeals may: a) dismiss the complaint; b) refer the complaint to the Village Solicitor for prosecution; or c) Conduct a hearing to determine whether the alleged violation(s) have occurred and what remedial action shall be taken. Prior to such hearing, notice of the hearing shall be given to the holder of the WECS license and the complainant, and in accordance with the Sunshine Laws. The holder of the WECS license and the complainant, and any other person, may appear at the hearing and may offer testimony and other relevant evidence and may be represented by an attorney. If the Board of Zoning Appeals determines that a violation(s) has occurred, the Board of Zoning Appeals may: a) impose conditions on the WECS licensee to the extent reasonably necessary to discontinue the violations or avoid recurrence; b) suspend the license until corrective actions have been taken; c) revoke the license and direct decommissioning of the WECS if there is no reasonable modification that can be made to the WECS to prevent further violations; d) refer the matter to the Village Solicitor for prosecution; or e) take no action. The written decision of the Board of Zoning Appeals shall be furnished to the WECS licensee and to the complainant.
(Ord. 1636. Passed 4-19-10.)