Any wind energy system which complies with the terms of this Zoning Code, but is not operable, excluding pending repair parts, shall be removed within six months. The property owner shall remove the wind energy system at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter- connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, Property Maintenance - § 93.40 of the Codified Ordinances, within the village, which requires that the failure of an owner to remove an inoperable wind energy system the village may petition the Ottawa County Municipal Court to, among other remedies, abate the nuisance, require the owner to post a cash bond totaling the estimated abatement cost, and/or file a written statement of all costs and expenses incurred by the village related to the abatement of the public nuisance with the court and submit a copy to the property owner. The property owner shall pay to the village such amount of the costs and expenses of the written statement as approved by the court within 30 days after court approval. If the property owner fails or refuses to pay the village such amount as approved by the court, then such amount shall be entered by the village upon the tax duplicate and shall be a lien upon such property from the date of entry and shall be collected as other taxes and returned to the General Fund of the village.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)