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(A) The owner of any telecommunications facility shall file annually with the Planning Department a report certifying the continuing operation of every facility located at any telecommunications facilities. Failure to so file shall be deemed to mean that the facility is no longer in operation. Each operator of a telecommunications facility shall send to the Planning Department a copy of any notice sent to the FCC of intention to cease operations. Any abandoned or unused facilities shall be removed (including the tower, support structure and buildings) within 180 calendar days of ceasing to be used as a telecommunications facility and the site shall be restored to its original state at the expense of the owner of the property. Any owner of property leased to a telecommunications provider may require the lessee to remove any tower and associated facilities upon cessation of operation of the facility as a telecommunications facility.
(B) If the site is an alternative tower structure and is used for purposes other than telecommunication facilities, only the antenna and other equipment related to the telecommunications use need to be removed, and the structure shall be restored to its original state.
(C) If the tower and associated facilities are not removed within the time, the tower and the associated facilities shall be deemed a nuisance under applicable law. If not removed within the time, the Commission may seek injunctive relief or any other remedy from a court of competent jurisdiction in the county, or the Commission may authorize the tower and associated facilities be removed by the county, city or town, and the costs billed to the owner. All costs incurred by the county, city or town, upon the failure of the tower to be promptly removed by the owner, including all costs of enforcement and reasonable attorney fees, may be assessed by the county, city or town as a lien against the property. A change of venue from the county shall not be granted in such a case, as provided in I.C. 36-7-4-1014.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)