(A) Discontinued use of a communication tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the Growth Management Director (hereinafter referred to as Director), or his/her designee, who shall have the right to request documentation and/or affidavits regarding the active use of the tower.
(B) The tower owner/operator shall have 90 days from the date of the Directors notice to either, reactivate the use of the tower with the same operator or another, or dismantle and remove the tower.
(C) If there are two or more users on a communications tower, then these provisions shall not become effective until all users cease operations.
(D) Under the following circumstances, the Director may determine that the health, safety and welfare of the city warrant and require removal of communications facilities:
(1) A communications facility (hereinafter referred to as facility) has fallen into such a state of disrepair as to create a health or safety hazard;
(2) The tower has been modified without obtaining the required permits to do so or the approval granted for construction of the tower has been revoked.
(E) If the Director determines that a tower and/or facility shall be removed the owner shall dismantle and remove such equipment from the site and restore the aboveground site to as close to its original condition as possible, within 90 days of receipt of written notice from the Director. However, if the landowner for which the facility resides wishes to retain any access roadway to the site, the owner may do so with the approval of the Director.
(F) If the facility ordered to be removed under this section is not removed or substantial progress has not been made to remove the facility within the 90-day period, then the city may remove the facility at the sole expense of the facility owner, dispose of the equipment as it sees fit, and in order to cover the city's cost.
(G) Notwithstanding anything in this section to the contrary, the Director may approve a temporary use agreement to operate the facility for no more than 180 days, during which time a suitable plan for removal, conversion, or re-location of the affected facility shall be developed by the facility owner. This agreement, and the terms of resolution of the facility, must be approved by the Director and signed by both the Director and the facility owner.
(Ord. 98-19, passed 7-16-98; Am. Ord. 2011-37, passed 7-21-11)