A person receiving a permit for: (1) construction of a new wireless support structure; (2) substantial modification of a wireless support structure; or (3) collocation of wireless service facilities inherently agrees:
A. If the wireless support structure or wireless service facilities are not used for a period of six (6) consecutive months, they will be removed by the permit holder or facility owner at its expense.
B. If the wireless support structure or wireless service facilities are installed in a location that is not in accordance with the plans approved by the city, do not comply with the provisions of this chapter, or render the public right-of-way non-compliant with applicable laws, including but not limited to the Americans with Disabilities Act, they will be removed by the permit holder or facility owner at its expense. If a permit holder or facility owner fails to remove any unauthorized wireless facility or any wireless facility that is located in an improper location within thirty (30) days after receiving written notice or the date required by the city, the permit holder or facility owner shall be subject to a penalty of up to five-hundred dollars ($500.00) per day until the wireless facility is removed or relocated to the correct area within the permitted location.
C. Should such permit holder or facility owner fail to remove the wireless support structure or wireless service facilities after ninety (90) business days from the date a Notice of Violation is issued by the city, the city may remove such structure or facilities and bill the permit holder and/or facility owner for the costs of removal and cleanup of the site. In the alternative, the city may remove the equipment and related facilities and consider the support structure to be abandoned in favor of the city. (Ord. 6262, 2-25-2019)