1339.10 ABANDONMENT OF TOWER.

   (a)   All providers utilizing towers shall present a report to the Service Safety Director

notifying such person of any Tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of this facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility’s owner/operator will receive written notice from the Service Safety Director and be instructed to either reactivate the facility’s use within 90 days, or dismantle and remove the facility. If reactivation does not occur, the municipality shall have the authority to remove or will contract to have removed the facility and assess the owner/operator the costs. In case of a multi-use Tower, this provision does not become effective until all users cease use of the Tower. However, the City may cause the abandoned portions of the systems on the multi-use Tower to be removed in accordance with this provision.

   (b)   After the expiration of the periods set forth in subsection (a), the City must provide the Tower owner three (3) months notice and an opportunity to be heard before the City Council before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the Tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the Tower and all appurtenances.

   (c)   The City shall provide the Tower owner with the right to a public hearing before the City Council, which public hearing shall follow the three (3) month notice required in subsection (b). All interested parties shall be allowed an opportunity to be heard at the public hearing.

   (d)   After a public hearing is held pursuant to subsection (c), the City Council may order the acquisition or demolition of the Tower. The City may require the owner of the Tower or, if the owner of the Tower or its legal successor is no longer in existence then the owner of the property on which the Tower is located, to pay for all expenses necessary to acquire or demolish the Tower and take all appropriate actions to effect and implement the same.
(Ord. 43-02. Passed 11-25-02.)