(1) Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to issue an order to remedy.

(2) An order to remedy shall be in writing; identify the facility at issue; specify the condition or activity that violates this section; specify the provisions of this section which are violated by the specified condition or activity; and include a statement that the violations must be corrected within 30 days after the date of the order to remedy (or, if the violations are not reasonably capable of cure within 30 days, shall include a statement that the owner or operator must commence to cure such violations within such thirty-day period and thereafter diligently and with continuity prosecute such cure to completion in a period not to exceed 90 days after the Town's notice). The order may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time.

(3) The order to remedy, or a copy thereof, may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any property owner, PWSF operator, or any other person taking part or assisting in the operation of a PWSF at the affected property personally or by registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order to remedy.

(4) Civil penalties. In addition to the remedies (including fines, imprisonment and injunctive relief) provided in § 270-239 (Violations and penalties) and in Town Law § 268, any person who violates any provision of this section, any term or condition of any Personal Wireless Facility Service permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this section shall be liable for a civil penalty of not more than $5,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca.

(5) An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this section or any term or condition of any personal wireless service facility permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this section. Such remedy shall be in addition to penalties, fines and other remedies otherwise prescribed by law.

(6) Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this section, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law.

(7) Conviction of a violation of this section shall constitute and effect an immediate forfeiture of any permit hereunder held by the person or entity so convicted.

See § 270-219: Personal wireless service facilities for complete, detailed information.