(A) Permittee's removal obligation. Upon the expiration date of the permit, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the sole discretion of the Zoning Administrator. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the town. The facility shall be removed from the property within 30 days of the permit's expiration, at no cost or expense to the town. If the facility is located on private property, the private property owner shall also be jointly and severally responsible for the expense of timely removal and restoration.
(B) Failure to remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Fairfax Municipal Code, and be grounds for:
(1) Prosecution;
(2) Calling of any bond or other assurance required by this chapter or conditions of approval of permit;
(3) 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; or
(4) Any other remedies permitted under the Fairfax Municipal Code.
(C) Summary removal. In the event the Zoning Administrator determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Zoning Administrator may cause the facility to be removed summarily and immediately without advance notice or a hearing. If the circumstances allow for it and, to the extent feasible, the Zoning Administrator will notify the permittee to remove the facility and allow for the reinstallation of the facility, subject to the permittee demonstrating to the satisfaction of the town's Building Official and Zoning Administrator that the work can be done in safe manner compliant with the original approved plans and § 19.04.100. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up, as is reasonably feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
(D) Removal of facilities by town. In the event the town removes a facility in accordance with this chapter, any such removal shall be without any liability to the town for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the town may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Fairfax Municipal Code. Unless otherwise provided herein, the town has no obligation to store such facility. Neither the permittee, the owner, nor the operator shall have any claim if the town damages or destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the town due to exigent circumstances.
(Ord. 833, passed 8-7-2019)