§ 151.121 ABANDONMENT.
   (A)   At such a time a solar energy system is scheduled to be abandoned or operation is to be discontinued, the applicant will notify the Building Department of the proposed date of abandonment or discontinuation of use. If applicant fails to notify the Building Department, then in that event the provisions contained under (C) herein below shall apply.
   (B)   Upon abandonment or discontinuation of use, the owner shall physically remove the solar energy system within 180 days from the date of abandonment or discontinuation of use. This period may be extended 60 days at the request of the owner but only upon the approval of the Building Department. "Physically remove" shall include, but not be limited to (not applicable to solar shingles themselves):
      (1)   Removal of the solar energy system and related above grade structures.
      (2)   Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading may remain in the after-conditions.
   (C)   In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous six-month period. After 12 months of inoperability, the Building Department shall issue a notice of violation to the owner of the solar energy system. The owner shall have the right to respond to the notice of violation within 30 days from receipt. The Building Department shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned.
   (D)   If the owner fails to respond to the notice of violation or if after review by the Building Department it is determined that the solar energy system has been abandoned or use discontinued, the owner of the solar energy system shall remove the system at the owner's sole expense within 60 days of receipt of the notice of violation.
(Ord. O-3-22, passed 2-28-2022)