(A) When facility considered abandoned. The operator or owner of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six-month period or a total of 12 months over a consecutive 36-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period.
(B) Removal by owner/operator. A written notice of the determination of abandonment shall be sent or delivered to the operator or owner of the facility by the Director. The operator shall have 30 days to remove the facility or provide the Director with evidence that the use has not been discontinued. The Director shall review the evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30-day period shall be in violation of this section, shall constitute a public nuisance, and operators or owners of the facility and the owners of the property shall be jointly subject to penalties for violations under the enforcement and penalty provisions of the Baldwin Park Municipal Code.
(C) Removal by city. In the event that a wireless communications facility is not removed within 90 days after the applicable cessation period ends, as described in divisions (A) and (B) of this section, the city may remove the facility and shall bill the antenna owner or property owner for all costs including any administrative and legal costs incurred in connection with the removal. Once all costs have been paid by the owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor to bring an action for repayment of costs.
(Ord. 1346, passed 5-2-12)