(a) (1) Upon abandonment of towers and antennas by person providing tower, any person providing a tower shall present a report to the City Safety Service Director, or his designee, notifying them of any tower facility located in the City whose use will be discontinued for 120 days. The City Safety Service Director may then declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which has occurred. The facility's owner/operator will receive written notice from the City Law Director and City Safety Service Director, and be instructed to either reactivate the facility's use within 120 days or dismantle and remove the facility. If re-activation or dismantling does not occur, the City will remove or will contract to have removed the facility and assess the owner/operator the costs.
(2) The City must provide the person owning the tower three months' notice to be heard before the Planning Commission 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.
(3) The City shall provide the tower owner with the right to a public hearing and shall follow the three month notice required in the above mentioned paragraph. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(4) After a public hearing is held, the Planning Commission shall make its recommendation to City Council, at which time City Council, may order the acquisition or demolition of the tower. The City will require tower applicants to pay for all expenses necessary to acquire or demolish the tower.
(b) No cellular or wireless communication tower shall be constructed, replaced or altered without obtaining the applicable building permit from the City of Marietta and State of Ohio.
(Ord. 331(16-17). Passed 12-21-17.)