8-6-18: REMOVAL OF ABANDONED ANTENNAS AND TOWERS:
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall so notify the City in writing and remove the same within ninety (90) days of giving notice to the City of such abandonment. Additionally, upon written notice from the City that the antenna or tower has been abandoned by the owner of such infrastructure for a continuous period of more than twelve (12) months, the owner shall remove the same within ninety (90) days. If the removal cannot be accomplished within this timeframe, the owner shall request an extension and provide a plan to remove the same and the associated timelines to accomplish the removal. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense, including all costs and attorneys' fees. Irrespective of any agreement between the owner of a facility and the owner of a building or land upon which the facility is located to the contrary, they shall be jointly and severally responsible for the removal of abandoned unused facilities and the facilities foundation, if any. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 596, 5-24-2019)