(a) Required Notification. All providers utilizing towers shall present a report to the City Zoning Inspector supplying notification regarding the discontinuation of any tower facility and the date this use will cease. Such report shall be filed at least thirty days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The 180 day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility will receive written notice from the Zoning Inspector and be instructed to either reactivate use of the facility within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the City of Brookville, Ohio will both remove the facility or contract to have the facility removed and assess the owner/operator the costs.
(b) Required Notice to Owner. The City of Brookville, Ohio must provide the tower owner thirty (30) day notice and an opportunity to be heard before the Board of Zoning Appeals before initiating action to remove the facility. After such notice has been provided, the City of Brookville, Ohio shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or, in the alternative, order the demolition of the tower and all appurtenances.
(c) Right to Public Hearing. The City of Brookville, Ohio shall provide the tower owner with the right to request a public hearing before the Board of Zoning Appeals, which public hearing shall follow the thirty (30) day notice period required by subsection (b) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(d) Order of Abatement or Demolition. After a public hearing is held pursuant to subsection (c) hereof, the City of Brookville, Ohio may order the abatement or demolition of the tower. The City of Brookville, Ohio shall require the licensee to pay for all expenses necessary to acquire or demolish the tower. (Ord. 2014-07. Passed 9-16-14.)