(A) Under the following circumstances, the county may determine that its health, safety, and welfare interests warrant and require the removal of wireless telecommunications facilities:
(1) Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days, or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within 90 days;
(2) Permitted wireless telecommunications facilities fall into such a state of disrepair that they create a health or safety hazard; and/or
(3) Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use or zoning compliance permit, or any other necessary authorization.
(B) (1) If it makes any such determination as noted in division (A) above, then the county shall notify the permit holder within 48 hours that such wireless telecommunications facilities are to be removed.
(2) In such case, the county may approve a temporary use permit, as prescribed by this chapter, to enable the sale of the wireless telecommunications facilities.
(C) (1) The holder of the special use or zoning compliance permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of the receipt of written notice from the county.
(2) However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the county.
(D) If they are not removed or substantial progress has not been made to remove them within 90 days after the permit holder has received notice, then the county may order officials or representatives of the county to remove the wireless telecommunications facilities at the sole expense of the owner or permit holder.
(E) If the county removes, or causes to be removed, wireless telecommunications facilities, and their owner does not claim and remove them from the site to a lawful location within ten days, then the county may take steps to declare the wireless telecommunications facilities abandoned, and to sell them and their components.
(F) (1) Notwithstanding anything in this section to the contrary, the county may approve a temporary use permit/agreement for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the permit holder, subject to the approval of the county, and an agreement to such plan shall be executed by the permit holder and the county.
(2) If such a plan is not developed, approved and executed within the 90-day time period, then the county may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.
(1996 Code, § 156.42) (Ord. passed 10-7-2002; Ord. passed 12-3-2007)