(A) Notice to city. A wireless service provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event the wireless service provider intends to terminate or otherwise abandon its use of a wireless facility or individual wireless transmission device, or the wireless service provider is required to discontinue its use of a wireless facility or individual wireless transmission device. Such notice shall be mailed not less than 30 calendar days prior to the contemplated or anticipated cessation of use; shall state the contemplated or anticipated date upon which the use will end; and shall state the date upon which the wireless facility or individual wireless transmission device shall be completely dismantled and physically removed from the real property parcel where it is sited or located.
(B) Dismantling and removal of equipment. With respect to the contemplated abandonment, termination or discontinuance of use of an entire wireless facility, the dismantling and physical removal shall include the dismantling and physical removal of all wireless transmission devices, all support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of an individual wireless transmission device, the dismantling and physical removal shall include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and/or accessory equipment that do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire wireless facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless facility, excluding any landscape improvements.
(C) Failure to timely dismantle or remove. If the dismantling and physical removal of a wireless facility or wireless transmission device in the manner contemplated under division (B) of this section, above, is not completed by the date indicated in the notice referenced under division (A) of this section, above, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within 60 calendar days from the dismantling and removal date originally noticed by the wireless service provider pursuant to division (A) of this section.
(D) Constructive abandonment of facilities. A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of 180 calendar days shall be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under § 23.84.210, below. After 180 calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within 60 calendar days.
(E) Responsibility for dismantling and removal. The dismantling and physical removal of wireless facilities, wireless transmission devices, support structures, and/or accessory equipment shall be the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless facility or wireless transmission device is sited.
(F) Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission device is not dismantled and physically removed within any time period required under this section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and/or maintain the wireless facility or the wireless transmission device may be revoked in accordance with § 23.84.220 of this chapter.
(Ord. 4412, passed 6-11-01; Am. Ord. 4674, passed 7-13-15
; Am. Ord. 4735, passed 5-14-18)