(A) Notice. Within 90 days following written notice from the village, a utility or wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any village improvement in or upon, or the operations of the village in or upon, the rights-of-way. Wireless providers are also required to provide the village with written notice of its intent to sell or transfer small wireless facilities. Such notice must include the name and contact information of the new wireless provider.
(B) Removal of unauthorized facilities. Within 30 days following written notice from the village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove allor any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
(4) If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
(C) Emergency removal or relocation of facilities. The village retains the right and privilege to cut or move any facilities located within the rights-of-way of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of facilities.
(1) Small wireless facilities. As used in this section, a small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of an abandoned small wireless facility shall notify the village within 90 days of it being abandoned and the owner of that small wireless facility must remove the small wireless within 90 days after sending such written notice to the village. The village may direct the wireless provider to remove all or any portion of the facility if the Village Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. If the small wireless facility is not removed within 90 days of such notice, the village may remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for village utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(2) Other utility facilities. As used in this section, a facility that is not operated for a continuous period of 12 months shall be considered abandoned. Upon abandonment of a facility within the rights-of-way of the village, the utility shall notify the village within 90 days. The owner of the abandoned facility must remove the facility within 90 days after sending such written notice to the village. The village may direct the utility to remove all or any portion of the facility if the Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. If the facility is not removed within 90 days of such notice, the village may remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for village utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(Ord. 2014-23, passed 6-16-14; Am. Ord. 2018-46, passed 9-17-18)