(a) Required Notification. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City the use of which will be discontinued and the date the use will cease. Such report shall be filed with the City thirty days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Building Inspector may declare the facility abandoned. The 180 day period excludes any dormancy period between construction and the initial use of the facility. The Building Inspector shall serve the owner/operator with written notice of his declaration of abandonment and the owner/operator shall be instructed to either reactivate use of the facility or commence to dismantle and remove the facility within sixty days from the mailing of the notice. Service of said notice shall be to the last known address of the owner/operator and service shall be presumed if said notice is not returned by the U.S. Post Office. If the notice is returned as undelivered, the Building Inspector shall post the notice on the tower for a period of thirty days. If reactivation or dismantling does not commence or, if commenced, the dismantling is not diligently pursued within said sixty-day period and no appeal is filed as provided by subsection (c) hereof, the City may either remove the facility or contract to have the facility removed and assess the owner/operator the costs.
(b) Contents of Notice to Owner/Operator. The notice required by subsection (a) hereof shall inform the recipient that it has the right to appeal the order to reactivate or dismantle by filing a written notice of appeal to the Board of Zoning Appeals of the City. Said written notice of appeal shall be filed with the Clerk of Council within thirty days following service of the notice provided for in subsection (a) hereof.
(c) Appeal Procedure. Any appeal filed pursuant to subsection (b) hereof shall proceed as provided in Chapter 1135 of the Zoning Ordinance.
(d) Order of Removal. If the Board of Zoning Appeals affirms the order of the Building Inspector, the City may proceed in accordance with the provisions of subsection (a) hereof in the same manner as if an appeal had not been filed unless the owner/operator complies with subsection (a) hereof.
(Ord. 24-99. Passed 3-2-99.)