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1292.16 DECOMMISSIONING.
   The owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life of the wind energy turbine. Upon request of the owner(s) or assigns, and for good cause, Building Commissioner may grant a reasonable extension of time. The wind energy turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).
   (a)   If the owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the Building Commissioner may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the wind energy turbine is not owned by the property owner(s), a bond must be provided to the City for the cost of decommissioning in an amount set by Council.
   (b)   In addition to the decommissioning requirements listed previously, the wind energy turbine shall also be subject to the following:
      (1)   Decommissioning shall include the removal of each wind energy turbine, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.
      (2)   The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.
(Ord. 10-85. Passed 11-16-10.)
 1292.17 PUBLIC INQUIRIES AND COMPLAINTS REMEDIES.
   (a)   The facility owner and operator shall maintain a telephone number and identify a responsible person for the public to contact with inquiries and complaints.
   (b)   The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
   (c)   In the event that a nonparticipating landowner alleges that the wind energy turbine is not in compliance with the noise requirements of this Chapter, the procedure shall be as follows:
      Noise Complaint.
      (1)   Notify the Building Commissioner in writing regarding concerns about noise level.
      (2)   If the complaint is deemed sufficient by the Building Commissioner to warrant an investigation, the Building Commissioner will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this Chapter.
      (3)   If the test indicates that the noise level is within Ordinance noise requirements, the City will use the deposit to pay for the test.
      (4)   If the wind energy turbine owner(s) or operator(s) are in violation of the Ordinance noise requirements, the owner(s) shall reimburse the City for the noise level test and take immediate action to bring the WET into compliance which may include ceasing operation of the WET until Ordinance violations are corrected. The City will refund the deposit to the aggrieved property owner.
(Ord. 10-85. Passed 11-16-10.)
1292.18 VIOLATIONS.
   (a)   It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Chapter, or any permit issued under this Chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Chapter or any permit issued under this Chapter.
   (b)   If the City determines that a violation of this Chapter or the permit has occurred, the City shall provide written notice to any person, firm, or corporation alleged to be in violation of this Chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the City and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
   (c)   If after 30 days from the date of the notice of violation the City determines, in its discretion, that the parties have not resolved the alleged violation, the City may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this Chapter or permit.
(Ord. 10-85. Passed 11-16-10.)