Any tower use permit issued pursuant to this subchapter may be revoked after a hearing as provided hereinafter. If the Director of Community Development or his or her designee 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 Director of Community Development or his or her designee shall notify the permit holder in writing that the TUP is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Director of Community Development or his or her designee may require the permit holder to correct the violation within a reasonable amount of time or the Director of Community Development or his or her designee may recommend to the City Council that the tower use permit be revoked. After the appropriate public hearing, the Mayor and City Council may revoke the tower use permit (TUP) upon any terms and conditions, if any, that the Mayor and City Council may determine. Prior to initiation of revocation proceedings, the Director of Community Development or his or her designee shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which the deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the Director of Community Development or his or her designee with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Mayor and City Council shall convene a public hearing to consider revocation of the tower use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than ten days prior to the hearing and by written notice to the permit holder. At the hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Mayor and City Council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party’s expense.
(Ord. 10-3277, § 1-6.10, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)