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Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the city, at its election, may require the wireless communication facility owner to remove the wireless communication facility within 90 days after notice from the city to remove the wireless communication facility. If the abandoned wireless communication facility is not removed within 90 days, the city may remove it and recover its costs from the wireless communication facility’s owner. If there are two or more users of a single wireless communication facility, this provision shall not become effective until all providers cease to use the wireless communication facility. If the owner of an abandoned wireless communication facility cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the wireless communication facility is located.
(1979 Code, § 151.216) (Ord. 4457, passed 12-6-1999)
Any zoning clearance issued for a wireless communication facility pursuant to this subchapter may be revoked after a hearing as provided hereinafter. If the planning and zoning staff finds that any permit holder has violated any provision of this subchapter, or has failed to make good faith reasonable efforts to provide or seek collocation, the planning and zoning staff shall notify the permit holder in writing that the zoning clearance is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Planning and Zoning Staff may recommend to the Plan Commission that the zoning clearance be revoked. After the appropriate public hearing, the Plan Commission may revoke the zoning clearance upon such terms and conditions, if any, that they may determine. Prior to the initiation of revocation proceedings, the Planning and Zoning Staff shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the city with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Plan Commission shall convene a public hearing to consider revocation of the zoning clearance. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than 10 days prior to the hearing and by written notice to the permit holder. The public hearing shall be conducted pursuant to the Plan Rules of Procedure.
(1979 Code, § 151.217) (Ord. 4457, passed 12-6-1999; Am. Ord. 4683, passed 7-1-2002)
ADMINISTRATION AND ENFORCEMENT
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