(A) Any cellular or wireless communications tower that has discontinued its service for a period of two continuous months or more is hereby determined to be a nuisance. A tower declared to be a nuisance, except as otherwise provided in § 157.09(D), must be removed, along with all accessory structures related thereto, and the property restored to its former condition.
DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, or is unused or has ceased the daily activities or operations which had occurred.
(B) Whenever, upon inspection, it shall appear that a cellular or wireless communications tower or site has been abandoned or its use discontinued, and its removal is directed by the Village Council, the Village Manager or a designated representative shall notify, either by personal delivery or by certified mail, the owner or person in charge of the property on which the tower is located that the tower must be taken down and removed. The Village Manager or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to R.C. §§ 715.26 and 715.261 to maintain the public health, safety and welfare and to recover costs as appropriate.
(C) If the owner or person in charge of the property referred to in the preceding division fails to comply with the notice from the Village Manager or his designated representative, the Village Manager shall cause the tower to be taken down and removed, and when this has been accomplished, a statement of the cost therefor shall be mailed to the owner or person in charge by certified mail, return receipt requested. Upon failure of the owner or person in charge to pay within 30 days the amount of the statement provided, the Village Manager shall make a written return to the County Auditor of the village's action, together with the statement of the costs to take down and remove the tower, and such amounts shall be entered upon the tax duplicate as an assessment for taking down and removing the tower and be a lien upon such owner's land from and after the date of entry, and shall be collected as other taxes and returned to the village with the general fund settlements.
(Ord. 1997-22, passed 12-8-97) Penalty, see § 157.99