(A) No owner or occupant of property within the city shall permit, leave or cause to be left on the property any telecommunications facility which has been abandoned or discontinued for use. The provider shall remove its facility within 90 days of the date that it discontinues its use of the facility. If the provider fails to remove the facility within the required time, the facility shall be deemed to be abandoned. The city shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the provider in the manner provided for summary abatement of nuisance. This requirement shall apply to co-located facilities unless the co-location agreement provides for the removal of abandoned facilities by the tower operator.
(B) Defective or unsafe antennas, telecommunication towers or telecommunication facilities are to be repaired or removed within 90 days at the owner or operator's expense. If the facilities are not operated for a continuous period of 24 months they shall be considered abandoned and must be removed within 90 days. If not removed, the city may remove at the expense of the owner or operator.
(C) Any telecommunications towers or telecommunications facilities existing at the time of the adoption of this chapter and not conforming to its provisions shall be considered legal and nonconforming. These facilities shall be permitted to remain provided that they are not:
(1) Expanded or increased in height;
(2) Restored after damage or destruction, by any means, exceeding 50% of the estimated replacement value; and
(3) A hazard to safety, health or welfare.
(Ord. 3071, passed 10-17-00)