(a) In the event any Permittee intends to remove facilities, excluding normal repairs and maintenance, or abandon any facilities within the Rights of Way, such Permittee shall submit a notice to the Village describing the portion of the facilities to be removed or abandoned and the date of removal or abandonment, which date shall not be less than thirty (30) days from the date such notice is given. The Permittee may not remove, destroy or permanently disable any such facilities after such notice without the written approval of the Village Administrator. The Permittee shall remove and secure such facilities as set forth in the notice unless directed by the Village to abandon such facilities in place.
(b) Upon such abandonment the Village may elect to accept title to the abandoned facility. Such acceptance shall be in writing and upon such acceptance; full title and ownership of such abandoned facilities shall pass to the Village without the need to pay compensation to the Permittee. The Permittee shall, however, continue to be responsible for all taxes on such facilities or other liability associated therewith, until the date the same was accepted by the Village.
(c) Within thirty (30) days following written notice from the Village, any Permittee or other Person that owns, controls or maintains any unauthorized telecommunications or utility facility or related appurtenances within the Rights of Way of the Village shall, at its own expense, remove such facilities or appurtenances from the Rights of Way of the Village. A telecommunications or utility facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the Permittee's Permit.
(2) Upon abandonment of a facility within the Rights of Way of the Village.
(3) If the system or facility was constructed or installed without the prior grant of a Permit or Franchise.
(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(5) If the system or facility was constructed or installed at a location not permitted by the Permittee's Permit.
(d) The Village retains the right and privilege to cut or move any telecommunications facilities located within the Rights of Way as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
(e) Unless directly and proximately caused by the willful, intentional or malicious acts by the Village, the Village shall not be liable for any damage to or loss of any telecommunications or utility facility within the Rights of Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Rights of Way by or on behalf of the Village.
(Ord. 13-2011. Passed 6-27-11.)