A. Voluntary Cessation. Applicants intending to vacate a small cell wireless facility site shall notify the Community Development Director or designee of this intent to vacate at least thirty (30) days prior to the vacation.
B. Abandonment. A permit for a small cell wireless facility that is not operated for a continuous period of six (6) months shall be deemed lapsed and the site will be considered abandoned unless:
1. The Community Development Director or designee has received notice from the same operator of intent to resume operations within six (6) months; or
2. The city has received an application to transfer the permit to another service provider.
C. Removal of Facilities and Restoration of Site. No later than ninety (90) days from the date a small cell wireless facility has ceased operation, or from the date of receipt of the applicant's notice of its intent to vacate the site, the applicant or its authorized agent of the abandoned small cell wireless facility shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Community Development Director.
1. The applicant or its authorized agent may use any bond or other assurances provided pursuant to the requirements of Section 17.77.070.C ("Financial Assurances") to fulfill the requirements of this subsection.
2. The owner or agent shall provide written verification of the removal of the small cell wireless facility within thirty (30) days of the date the removal is completed.
D. Failure to Remove and Restore. A small cell wireless facility that is not removed and the site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to the Municipal Code. The Community Development Director or designee may cause the facility to be removed at the owners' expense or by calling any bond or other financial assurance to pay for removal.
1. For a single structure occupied by two (2) or more users, this subsection shall not apply while at least one (1) user continues to actively use the structure.
2. The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for small cell wireless facilities.
E. Destruction of Pole or City Discontinuation of Use. If a city-owned structure upon which a small cell wireless facility is located is damaged, destroyed, or demolished by acts beyond city's control, the right for such small cell wireless facility to continue occupying the structure shall cease. Applicant may opt to construct a pole or structure to replace the damaged, destroyed or demolished city structure in compliance with the requirements of this chapter, including structural inspection and separate metering requirements. (Ord. 2019-03 § 7, 2019)