(A) A condition of approval for all SCFA applications shall be adequate provision for the demolition and removal of all or part of the facility and for the complete restoration of the site by the users and owners upon the occurrence of 1 or more of the following events:
(1) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission or reception of radio signals), shall be considered as the beginning of a period of non-use;
(2) When, as a result of damage, neglect, or any other reason including the existence of competent scientific evidence tending to demonstrate that the operation of such a facility may be injurious to persons or property in proximity to such a facility, the authorized city representative determines the facility poses a danger to the public health, safety, or welfare; or
(3) At such time as the owner of the facility or those persons responsible for it shall fail to comply with the maintenance plan approved by the City Council during the SCFA approval process as set forth in § 152.05(B)(10) above.
(B) The mandatory removal of a facility, as set forth in subsection (A)(1) above, may be applied and limited to portions of a facility.
(C) Upon the occurrence of any of the situations which require the removal of a facility, the authorized city representative shall notify the owner of the facility as to his or her determination. This notice shall state the basis for the determination that the facility is being required to be removed.
(1) The notice shall be sent to the owners of the facility at the last known address of the owners as on file with the City Clerk.
(2) The notice shall be sent by certified mail, return receipt requested, and by regular U.S. mail delivery.
(3) The notice shall inform the owner whether or not the facility constitutes and immediate threat to the public’s safety, and if it does, the nature of the threat.
(4) The notice shall state the number of days the owner shall have to obtain a demolition or removal permit from the city, and the number of days the owner shall have to complete the facility’s removal, including the complete restoration of the premises as determined by the authorized city representative.
(a) In the event the authorized city representative determines the facility constitutes an immediate threat to the public’s safety, the owner shall be given 5 days to complete the demolition, or to abate the threatening condition.
(b) In the event the facility is deemed not to constitute an immediate threat to the public’s safety, the owner shall have 7 days from the date of the mailing of the notice to obtain the demolition permit from the city, and an additional 60 days to complete the required demolition, removal, and restoration of the site.
(D) In the event the users or owners of the facility fail to obtain a demolition permit or to complete the demolition, removal, and restoration in a timely manner, the city may demolish, remove, and secure the facility and restore the site. The actual cost, including attorney fees as well as professional and administrative expenses, shall be charged to and paid by the owner of the facility or the owner of the land upon which the facility is located. These expenses may also be drawn from any security or bond posted at the time application was made to establish the facility.
(1) In the event the authorized city representative determines the facility constitutes an immediate threat to the public’s safety, the city shall be authorized to take such action as shall abate the threat immediately after the expiration of the 5 days’ notice provided in subsection (C)(4)(a) above without further notice.
(2) In the event the facility is deemed not to constitute an immediate threat to the public’s safety, the city shall, upon the owner’s failure to timely complete the required demolition, removal, and restoration, mail the owner notice of its intent to complete that work and the projected costs of the project. This notice shall be mailed at least 30 days prior to the city’s undertaking the project at the owner’s expense.