A. To promote the public health, safety and welfare, the planning manager may declare a facility abandoned or discontinued when:
1. The permittee notifies the planning manager that it abandoned or discontinued the use of a facility for a continuous period of 90 days; or
2. The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the planning manager that states the basis for the planning manager’s belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or
3. The permit expires and the permittee has failed to file a timely application for renewal.
B. After the planning manager declares a facility abandoned or discontinued, the permittee shall have 90 days from the date of the declaration, or a longer time as the planning manager may approve in writing as reasonably necessary, to:
1. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval; or
2. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or
3. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.
C. If the permittee fails to act as required in paragraph B of this section within the prescribed time period, the council may deem the facility abandoned at a noticed public meeting. The planning manager shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner that provides 30 days (or longer time as the planning manager may approve in writing as reasonably necessary) from the notice date to take any of the actions listed in subparagraphs B.1 through B.3 of this section.
D. If the permittee fails to act as required in paragraph C of this section within the prescribed time period, the town may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work.
1. The town may, but shall not be obligated to, store the removed facility or any part of it, and may use, sell or otherwise dispose of it in any manner the town deems appropriate.
2. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the town in connection with its removal, restoration, repair and storage, and shall promptly reimburse the town upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate.
3. The town may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest.
4. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The town shall cause the lien to be recorded with the recorder’s office of the county where the facility is located. Within 60 days after the lien amount is fully satisfied including costs and interest, the town shall cause the lien to be released.
E. After a permittee fails to comply with any provision in this section, the council may elect to treat the facility as a nuisance to be abated as provided by applicable law.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs A, A.1, A.2, B, and C