(a) All providers utilizing towers shall present a report to the Village Engineer and Zoning Inspector notifying them of any Tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Zoning Inspector and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.
(b) The Village must provide the Tower owner three (3) months notice and an opportunity to be heard before the Planning and Zoning Commission before initiating removal. After such notice has been provided, the Village shall have the authority to initiate proceedings to either acquire the Tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the Tower and all appurtenances.
(c) The Village shall provide the Tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the three (3) month notice required in subsection (b) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(d) After a public hearing is held pursuant to subsection (c) hereof, the Planning and Zoning Commission may order the acquisition or demolition of the Tower. The Village may require Licensee to pay for all expenses necessary to acquire or demolish the Tower.
(Ord. 98-013. Passed 5-6-98.)