(a) Removal Period. All service providers utilizing towers or existing structures shall present a report to the Planning Department, notifying the City of any tower facilities or facilities on or in existing structures located in the City 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 City 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 City, and be instructed to either reactivate the facility within thirty days or dismantle and remove the facility.
(c) Demolition. If reactivating or dismantling of said facility does not occur within the thirty-day reactivating/removal period, the City Manager may order the demolition of the tower and related facilities. The City 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. 3374. Passed 10-18-16.)