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73-08 Amend 1103.02 Wind Energy Facilities
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73-08 Amend 1103.02 Wind Energy Facilities
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Last modified
5/14/2013 3:16:27 PM
Creation date
9/9/2008 6:40:16 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
9/2/2008
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(h) If the facility owner or operator fails to complete decommissioning within the period <br />prescribed by subsection (a) above, then the landowner shall have six (6) months to <br />complete decommissioning. <br />(i) If neither the facility owner or operator, nor the landowner complete decommissioning <br />within the periods prescribed by subsection (a) and (h) above, then the City may take such <br />measures as necessary to complete decommissioning. The entry into and submission of <br />evidence of a Participating Landowner agreement to the City shall constitute agreement and <br />consent of the parties to the agreement, their respective heirs, successors and assigns that the <br />City may take such action as necessary to implement the decommissioning plan. <br />(j) The escrow agent shall release the Decommissioning Funds when the facility owner or <br />operator has demonstrated and the City concurs that decormnissioning has been <br />satisfactorily completed, or upon written approval of the municipality in order to implement <br />the decommissioning plan. <br />1160.16 PUBLIC INQUIRIES AND COMPLAINTS REMEDIES <br />(a) The facility owner and operator shall maintain a telephone number and identify a <br />responsible person for the public to contact with inquiries and complaints throughout the <br />life of the project. <br />(b) The facility owner and operator shall make reasonable efforts to respond to the public's <br />inquiries and complaints. <br />1160.17 REMEDIES <br />(a) It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or <br />take any action which is contrary to the terms of this Chapter, or any permit issued under <br />this Chapter, or cause another to violate or fail to comply, or to take any action which is <br />contrary to the terms of this Chapter or any permit issued under this Chapter. <br />(b) If the City determines that a violation of this Chapter or the permit has occurred, the City <br />shall provide written notice to any person, firm, or corporation alleged to be in violation of <br />this Chapter or permit. If the alleged violation does not pose an immediate threat to public <br />health or safety, the City and the parties shall engage in good faith. negotiations to resolve <br />the alleged violation. Such negotiations shall be conducted within thirty (30) days of the <br />notice of violation. <br />(c) If after thirty (30) days from the date of the notice of violation the City determines, in its <br />discretion, that the parties have not resolved the alleged violation, the City may institute civil <br />enforcement proceedings or any other remedy at law to ensure compliance with this Chapter <br />or permit: <br />Section 7. That Section 1161.03, Supplemental Regulations for Specific Uses, of the <br />Zoning Code of the City of Lakewood, currently reading as follows: <br />1161.03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES <br />
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