(a) Nothing in this Chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this Chapter. In addition to any rights set out elsewhere in this Chapter, the Village reserves the right to seek termination of a Permit pursuant to the provisions hereof, and all rights and privileges pertaining thereto, in the event that any of the following are found to have occurred:
(1) A violation of any material provision of the Permit; or
(2) The Permittee becomes insolvent, or is adjudged a bankrupt; or
(3) An unauthorized sale, assignment or transfer of Permittee's Permit or a substantial interest therein; or
(4) Misrepresentation by or on behalf of a Permittee in any application to the Village; or
(5) Abandonment of telecommunications or utility facilities in the Rights of Way; or
(6) Failure to relocate or remove facilities as required in this Chapter; or
(7) Failure to pay taxes, compensation, fees or costs when and as due the Village.
(b) Upon failure of the Permittee to comply with the material terms of the Permit, the Village may by ordinance terminate the Permit in accordance with the procedures set forth in this Section. Upon termination, all rights of the Permittee shall immediately be divested without a further act upon the part of the Village. At Village's option and to the extent permitted or in the manner required by applicable State law, Village shall either accept title to Permittee's facilities in accordance with Section 907.12, or Village shall require or seek to require, as the case may be, Permittee to remove its facilities from the Rights of Way. If Village requires removal, the Permittee shall forthwith remove its structures or property from the Rights of Way and restore it to such condition as the Village may require. The cost thereof shall be a lien upon all facilities and property of the Permittee. Such lien shall not attach to property of Permittee located on the poles of other utilities until removal of such property from the pole or poles.
(c) Procedures for Termination.
(1) Upon its own motion, the Village Administrator or his/her designee shall give written notice to the Permittee of the existence of a material violation or failure to comply with the Permit. Permittee shall have a period of sixty (60) days after receipt of such notice from the Village in which to cease such violation and comply with the terms and provisions hereof. In the event Permittee fails to cease such violation or to otherwise comply with the terms hereof, then Permittee's Permit is subject to termination under the following provisions; provided, however, if the Permittee commences work or other efforts satisfactory to the Village to cure such violations within thirty (30) days after receipt of written notice and shall thereafter prosecute such curative work with reasonable diligence until such curative work is completed, then such violations shall cease to exist, and the Permit will not be terminated. If the curative work is not completed within ninety (90) days of commencement of such work, Permittee shall report to Village with respect to the progress made on such curative work and the anticipated completion date.
(2) Termination shall be declared only by a written decision of the Village Council after an appropriate public proceeding whereby the Permittee is afforded the full opportunity to be heard and to respond to any such notice of violation or failure to comply. The Permittee shall be provided at least ten (10) days prior written notice of any public hearing concerning the termination of the Permit and, in addition, ten (10) days notice by publication shall be given of the date, time and place of any public hearing to interested members of the public, which notice shall be paid for by the Permittee.
(3) The Village Council, after full public hearing, and upon finding a material violation or failure to comply, may in its discretion terminate the Permit, or impose a lesser penalty than termination of the Permit, or excuse the violation or failure to comply upon a showing by the Permittee of mitigating circumstances or upon a showing of good cause of said violation or failure to comply as may be determined by the Village Council.
(d) Receivership. The Village shall have the right to terminate the Permit one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Permittee, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred and twenty (120) days or unless:
(1) Within one hundred and twenty (120) days after his/her election or appointment, such receiver or trustee shall have fully complied with all the provisions of the Permit and remedied all defaults thereunder; and
(2) Such receiver or trustee, within said one hundred and twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the Permit.
(Ord. 13-2011. Passed 6-27-11.)