(A) A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.
(B) The operator of a facility shall notify the town in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Zoning Administrator of any discontinuation of operations of 30 days or more.
(C) Failure to inform the Zoning Administrator of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:
(1) Prosecution;
(2) Revocation or modification of the permit;
(3) Calling of any bond or other assurance required by this chapter or conditions of approval of the permit;
(4) Removal of the facilities by the town in accordance with the procedures established under the Fairfax Municipal Code for abatement of a public nuisance at the owner's expense; and
(5) Any other remedies permitted under the Fairfax Municipal Code or applicable law.
(Ord. 833, passed 8-7-2019)