Any owner of property used as a Cellular or Wireless Communications Site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any Cellular or Wireless Communications Tower that has discontinued its service for a period of three (3) continuous months or more shall be removed, along with all accessory structures related thereto. "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 had occurred.
(a) Removal Period. All Cellular or Wireless Communications providers utilizing towers or existing structures shall present a report to the Planning Department, notifying the Village of any tower facilities or facilities on or in existing structures located in the Village if the use will be discontinued and the date this use will cease. It shall be the responsibility of the property owner and/or service provider to remove the tower, antennas, buildings, and any associated equipment within three months of discontinuing telecommunications operations. The site and/or structure shall then be returned to its condition prior to the construction of the telecommunications towers/facilities.
(b) Declaration of Abandonment. If at any time the use of said towers and facilities of wireless and cellular telecommunications has ceased for three months, but has not been removed by the owner/service provider during that time, the Village may declare said facilities abandoned and a public nuisance (this excludes the dormancy period between construction and the initial use of the facility). The facility's owner/service provider will receive written notice from the Village, and be instructed to either reactivate the facility within thirty days or dismantle and remove the facility.
(c) Property Owner Responsible for Demolition. The owner of the Cellular or Wireless Communications Site shall be responsible for the removal of the Cellular or Wireless Communications Tower and Support Structures, including concrete, asphalt, and any other building materials. The removal shall occur within sixty (60) days of the abandonment of the Cellular or Wireless Communications Tower and Support Structures. The removal shall be at the property owner's expense. This provision does not impact any contractual agreement between the owner of the Cellular or Wireless Communications Site and the Cellular or Wireless Communications Company.
(d) Demolition. If reactivating or dismantling of said facility does not occur within the sixty (60) day reactivating/removal period, the Village may order the demolition of the tower and related facilities, pursuant to the Village's demolition ordinances. The Village may employ any legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction to remove the tower and facilities and after removal place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the facilities, including court costs and reasonable attorney fees.
(Ord. 15-02. Passed 2-23-14.)