(A) Abandonment.
(1) All providers utilizing wireless communications facilities shall notify the city in writing of the location and date that any tower facility located in the city whose use will be discontinued. If the use of the facility is discontinued for 180 days without notice from the owner/operator or the owner of the property, the City Manager may declare the facility to be abandoned (this excludes any dormancy period between construction and the initial use of the facility). The facility's owner/operator and property owner will receive written notice from the city and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility.
(2) If reactivation or dismantling does not occur as described in division (A)(1) above, the city will either remove or cause the facility and associated structures to be removed and assess the costs to the owner/operator and property owner. In the case of a multi-use tower or wireless communications facility, this provision does not become effective until all users cease use of the tower or facility. However, the city may cause the abandoned portions of systems on the multi-use tower or facility to be removed in accordance with this provision.
(B) Before initiating action to remove the facility, the city must provide the owner of the tower or wireless communications facility and the property owner 90 days written notice and an opportunity to be heard before the Board of Zoning Appeals to appeal the decision. After this notice has been provided, or following a determination by the Board of Zoning Appeals that the tower or facility has been abandoned, the city may take whatever action that is lawful to order the removal or demolition of the tower or facility and all appurtenances.
(C) If the removal is appealed, a public hearing will be held before the Board of Zoning Appeals following the 90-day notice required in division (B) of this section. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(D) After a public hearing is requested by the tower or wireless communications facility owner and held pursuant to division (C) of this section, the Board of Zoning Appeals may recommend that the City Manager order the removal or demolition of the tower. The city may require the tower or facility owner or former owner to pay for all expenses necessary to remove or demolish the tower or facility.
(Ord. 19-13, passed 3-25-13)