§ 1299.08 DECOMMISSION.
   (a)   At the time of the scheduling of the decommissioning or the discontinuation of the use of any solar energy system, the applicant will notify the City’s Building/Zoning Inspector by U.S. mail of the proposed date of discontinuation of operations.
   (b)   Upon decommission of use, the owner shall physically remove the solar energy system within 90 days from the date of decommission or discontinuation of use. Such period may be extended at the request of the owner, and at the sole discretion of the city. The term "physically remove" shall include, but not be limited to:
      (1)   Removal of the solar energy system.
      (2)   Removal of any solar energy equipment, and other above ground structures.
   (c)   In the event that the applicant fails to give such notice as provided for in this section, the solar energy system shall be considered decommissioned if the system is out of service for a continuous two-year period. After two years of inoperability, the City’s Building/Zoning Inspector may issue a notice of decommission to the owner of the property upon which the solar energy system is located. The owner shall have the right to respond to the notice of decommission within 30 days of the date of receipt of such notice. The City’s Building/Zoning Inspector shall withdraw the notice of decommission and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been decommissioned.
   (d)   If the owner fails to respond to the notice of decommission or if after review by the City’s Building/Zoning Inspector it is determined that the solar energy system has been decommissioned or discontinued, the owner of the property upon which such solar energy system is located shall remove the solar energy system, mounting equipment and other above ground structures at the owner's sole expense within 90 days of receipt of the notice of decommission.
   (e)   Failure of the owner to remove such solar energy system within such 90-day period following any notice of decommission may result in fines and penalties and sanction as set forth within § 1299.99, below.
(Res. 23-R-626, passed 9-19-2023)