(a) Any cellular or wireless communications tower or antenna that has discontinued its service for a period of six continuous months or more is hereby determined to be a nuisance. A tower or antenna declared to be a nuisance must be removed by the owner of the tower or antenna, and by the owner of the property on which the tower or antenna is located, along with all accessory structures related thereto.
DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, has become obsolete, is unused, is no longer used for its original purpose, is no longer transmitting the same type of radio wave signals that it was originally designed to transmit, or has ceased the daily activities or operations which had occurred.
(b) Whenever, upon inspection, it shall appear that a cellular or wireless communications tower has been abandoned or its use discontinued, the City Engineer or a designated representative shall notify, either by personal delivery or by certified mail, the owner of the property on which the tower is located that the tower must be taken down and removed. The City Engineer, or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to R.C. §§ 715.26 and 715.261 to maintain the public health, safety and welfare, and to recover costs as appropriate.
(Ord. 98-104, passed 9-14-1998)