When a wireless telecommunications facility has not been used for 180 days or more, or six months after new technology is available which permits the operation of a wireless telecommunications facility without the requirement of a wireless telecommunication support structure, all and/or part of the wireless telecommunications facility shall be removed by the users, owners of the wireless telecommunications facility. For the purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use. The situation(s) in which removal of a wireless telecommunications facility is required may be applied and limited to a portion of the facility.
(A) Upon the occurrence of one or more of the events requiring removal, persons who had used the wireless telecommunications facility shall immediately apply for and secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the condition which existed prior to the construction of the wireless telecommunications facility.
(B) If the required removal of the wireless telecommunications facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the city may enter upon the premises and remove or secure the removal of the facility or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected from the security posted at the time application was made for establishing the wireless telecommunications facility.
(Ord. 97-002, passed 6-16-97) Penalty, see § 154.999