(a) Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a telecommunications facility shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Certificate of Occupancy for a telecommunications tower, or not more than ninety (90) days prior to that date, the permit holder for such tower shall submit to the Commissioner of Building and Housing an affidavit that verifies continued operation of the telecommunications use and compliance with all requirements of this chapter and other applicable governmental regulations.
(b) Abandonment.
(1) Performance Bond. At all times the permit holder shall maintain a performance bond sufficient to cover the demolition and removal of the telecommunications facility. Such bond shall be sufficient to guarantee full and faithful performance of the requirements of this chapter and shall be satisfactory to the Commissioner of Building and Housing and the Director of Law. On each biennial anniversary of the issuance of the Certificate of Occupancy for a telecommunications tower, or not more than ninety (90) days prior to that date, the permit holder shall provide to the Commissioner of Building and Housing proof that the performance bond requirements of this section are met.
(2) Notice. Not less than thirty (30) days after abandoning or discontinuing operation of a telecommunications facility, the permit holder shall send written notice of this fact to the Commissioner of Building and Housing.
(3) Removal. If use of a telecommunications facility has been discontinued for one hundred eighty (180) consecutive days, the facility shall be deemed abandoned. Within ninety (90) days of abandonment, the permit holder or other responsible party shall remove the abandoned tower, antenna, and any accessory structures, and shall restore the site to an attractive landscaped condition. If such actions are not taken, the City may cause the removal of all facilities at the expense of the permit holder or other responsible party.
(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)