§ 159.160 NON-USE; ABANDONMENT.
   (A)   In the event the use of any tower has been discontinued for a period of 60 consecutive days, the tower may be deemed to be abandoned. Determination of the date of abandonment will be made by the Director of Community Development, who shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the issue of tower usage.
   (B)   Upon such abandonment, the owner/operator of the tower shall have an additional 60 days within which to:
      (1)   Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or
      (2)   Dismantle and remove the tower. If such tower is not removed within said 60 days, the city may remove such tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
   (C)   The applicant shall agree to deposit with the city a cash bond or irrevocable letter of credit in an amount as set by Council, in a form acceptable to the city. The letter of credit shall contain a provision by which the provider of the letter of credit shall be responsible for giving a 75-day notice of expiration of the letter of credit in writing, by certified mail, to the City Manager, City Attorney, City Clerk and Director of Community Development. In no event shall the letter of credit or the obligations contained within expire except upon the aforementioned written notice, it begin expressly agreed that the provider of the letter of credit shall extend the established expiration date to comply with the notice provision.
   (D)   At the earlier of 60 days from the date of abandonment without reactivation or transfer or upon completion of dismantling and removal, city approval for the tower shall automatically expire.
(Ord. 97-4, passed 3-20-1997; Ord. 98-6, passed 2-2-1998; Ord. 99-16, passed 3-2-1999)