(A) Any telecommunications facility, tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of the facility.
(B) If upon inspection by the Building Commissioner, it is determined that a telecommunications facility, tower or antenna is abandoned, the Building Commissioner shall send a written notice of the abandonment to the owner of the telecommunications facility, tower or antenna and the owner of the property if the owner is different from the owner of the facility. The notice shall be mailed by certified mail, return receipt requested.
(C) The owner of the telecommunications facility, tower or antenna and the owner of the property if the owner is different from the owners of the facility, shall have 60 days after receipt of the notice to remove all of the facility, including any and all footings and foundation.
(D) If the telecommunications facility, tower or antenna is not removed within 60 days after receipt of notice from the city notifying the owners of the abandonment, the city may remove the facility and file a lien against the property for the costs of removal.
(E) The city may pursue any and all available legal remedies to insure that an abandoned telecommunications facility, tower or antenna is removed.
(F) Any delay by the city in taking action to enforce the removal of an abandoned telecommunications facility, tower or antenna against the owner of the telecommunications facility, tower or antenna and the owner of the property if the owner is different from the owner of the facility, shall not waive the city’s right to take any action at a later time.
(G) The city may seek to have the telecommunications facility, tower or antenna removed regardless of the owners’ or operator’s intent to operate the facility, and regardless of any permits, federal, state or otherwise, which may have been issued or granted.
(H) If the owner of an abandoned telecommunications facility, tower or antenna wishes to use such as abandoned facility, the owner shall first apply for and receive all applicable permits and meet all of the conditions of this chapter as if the telecommunications facility, tower or antenna were a new facility.
(2000 Code, § 15.74.110) (Ord. 2556, § 11, passed - -2001)