§ 153.08 COMPLAINTS.
   (A)   All complaints should be made directly to the operation facility manager or their designee. Contact information for the facility should be publicly accessible via a facility website and at the point of access to each tower site.
   (B)   The operation facility representative or their designee shall make the county aware of the complaint and remedies to the complaint in writing as soon as it is feasible to do so but no more than 72 hours following receipt of the complaint. Both the operator and the county shall keep a log of all complaints related to the project.
   (C)   Should a complaint be validated that violates any of the criteria of approval, the turbine shall not be made operational until the violation has been resolved. Should it be necessary and safe to do so, the turbine may be made operational for the purpose of determining compliance.
   (D)   The cost of investigation into any non-compliance of the approved special use or the permitted equipment throughout the life of the project shall be on the burden of the facility owner and all costs of said investigation shall be incurred by the facility owner. Operations of any wind tower or related equipment shall cease and remain nonoperational until said investigations have been completed and compliance requirements have been satisfied.
   (E)   If a validated complaint cannot be mitigated, the owner/operator may seek a variance for the deviation of compliance to allow the continued operation of the turbine identified to be noncom pliant. If the variance is not approved, the turbine shall be remain nonoperational until which time a feasible and agreeable solution can be determined.
(Res. LU-23-09, passed 5-31-2023)