§ 155.132 OPERATION AND MAINTENANCE.
   (A)   Physical modifications. In general, any physical modification to any WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification. Like-kind replacements shall not require re-certification. Therefore, prior to making any physical modification, the owner or operator shall discuss with the Planning Department and Building Commissioner to determine whether the physical modification requires re-certification.
   (B)   Interference. Prior to construction, a communications study to minimize interference with public or public serving utility microwave transmissions, Airports, and Air Reserve Bases shall be completed. If necessary, the applicant, owner, and/or operator shall mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WECS. In addition, the applicant, owner, and/or operator shall comply with the following:
      (1)   Pre-construction. The applicant shall complete a communications study prior to construction so as to minimize interference with any public or public serving utility microwave transmissions;
      (2)   Post-construction. If, after construction of the WECS, the owner or operator receives a written complaint related to interference with the broadcast of residential television, telecommunication, communication, or microwave transmissions, airport, or Air Reserve Base, the owner or operator shall take reasonable steps to mitigate said interference. Interference with private telecommunications systems such as GPS shall be between the company and the complainant; and
      (3)   Failure to remedy a complaint. If an agreement to remedy a known interference is not reached within 90 days, appropriate action will be taken, which may result in requiring the WECS to become inactive. This does not apply to interference with private telecommunications systems.
   (C)   Maintenance records. At least annually, the operator of the Commercial WECS will provide to the Planning Department a letter certifying that all required and periodic maintenance has been performed during a particular calendar year and that the WECS is operating safely and efficiently.
      (1)   Certification. Should the Planning Department not receive such annual certification, the Planning Department will send a notice to the WECWS operator requesting the certification letter within 30 day.
      (2)   Inspection. If, after the 30 days, the Planning Department has not received the required maintenance certification, then the Planning Department may hire, at the WECS Operator’s expense, a qualified inspector to perform an inspection of the WECS System.
   (D)   Declaration of public nuisance. Any WECS thereof declared to be unsafe by the County Building Commissioner by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, damage, or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the approved Decommissioning Plan.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)