(a) A WECS that is out-of-service for a continuous twelve (12) month period will be deemed to have been abandoned. The Building Commissioner may issue a Notice of Abandonment to the owner of a WECS that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice receipt date. The Building Commissioner shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the WECS has not been abandoned.
(b) If the WECS is determined to be abandoned, the owner shall remove the WECS within ninety (90) days of the Notice of Abandonment and the site must be reclaimed to a depth of four (4) feet. If the owner fails to remove a WECS and reclaim the site, the City may remove or cause the removal of the WECS and the reclamation of the site. The cost of removal and reclamation will become a lien upon the property and may be collected in the same manner as property taxes.
(c) The cost of removal upon abandonment of small and medium WECS shall be bonded or otherwise secured in an amount, as certified by a professional engineer, equal to the estimated cost of removal and restoration without regard for the salvage value of the decommissioned equipment. Evidence of such bond or other form of security, as approved by the Director of Law, shall be presented to the Building Commissioner with the annual maintenance status report, together with the Certificate of Insurance.
(Ord. 2009-63. Passed 2-2-10.)