§ 158.05 CONTINUITY OF USE; ABANDONMENT.
   (A)   A small wind energy system that has become unstable, leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the city’s Building Official to the owner of the lot upon which the system is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense.
   (B)   A small wind energy system that is out of service or not in continuous operation for a continuous period of 12 months shall be deemed abandoned and shall be removed by the owner at the owner’s sole expense. Any person intending to abandon or discontinue, or that is required to abandon or discontinue, the use of a small wind energy system shall notify the city’s Building Official in writing of the proposed date of abandonment or discontinuation not less than 30 days before abandonment or discontinuation. Upon abandonment or discontinuation of use, the owner shall physically remove the entire system at the owner’s sole expense within 90 days of the date of abandonment or discontinuation of use. ‘Physically remove’ includes, without limitation, the actual complete removal of the tower, turbine and all other components of the small wind energy system from the site of the original installation. In the event that an owner fails to give such notice, the small wind energy system shall be considered abandoned if the system is not operated for a continuous period of 12 months.
(Ord. O-2009-024, passed 8-25-09)