(a) Village right to revoke permit. The village may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons.
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) Non-compliance with this Chapter;
(3) The wireless provider's placement or maintenance of a small wireless facility in the public rights-of-way presents a direct or imminent threat to the general public or other users of the public rights-of-way and the wireless provider fails to remedy the danger promptly after receipt of written notice from the Village;
(4) The wireless provider's failure to construct the facilities substantially in accordance with the permit and approved plans;
(5) A Federal or state authority suspends, denies, or revokes a wireless provider's certification or license to provide communication services; or
(6) The wireless provider ceases to use its small wireless facilities in public rights-of-way and has not complied with Section 1054.19(c) of this Chapter.
(b) Notice of revocation or suspension. The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
(c) Permittee alternatives upon receipt of notice of revocation or suspension.
(1) Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options:
A. Immediately provide the Village with evidence that no cause exists for the revocation or suspension;
B. Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or
C. Immediately remove the small wireless facilities located on, over, above, along, upon, under, across, or within the public rights-of-way and restore the rights-of-way to the satisfaction of the Village providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of revocation.
(2) The Village may, in its discretion, for good cause shown, extend the time periods provided in this subsection.
(d) Village correction and notice. If the deficiency creates an imminent threat to life, health, or safety, the Village may correct the deficiency immediately upon verbal notice by the Village to permittee.
(e) Stop work order. In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection (a) of this Section.
(f) Failure or refusal of the permittee to comply. If the permittee fails to comply with the provision of subsection (c) of this Section, the Village or its designee may, at the option of the Village: (i) correct the deficiencies; (ii) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; (iii) after not less than thirty (30) days' notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal.
(Ord. 1679. Passed 9-10-18.)