A. Lawfully erected public wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A public wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The wireless communication provider shall send to the city a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
B. All facilities determined to be abandoned and not removed within the required three (3) month period from the date of notice shall be in violation of this chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this chapter. The city may remove all abandoned facilities following the three (3) month removal period at the operators' expense. Facilities removed by the city shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the city, or otherwise as permitted by law.
(Ord. 996, passed 8-5-97)