(a) If any Tower shall cease to be used for a period of 365 consecutive days, the City Council shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the City Council that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the Tower.
(b) To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post and bond in an amount equal to the anticipated cost of removal of the Tower at the time an Application is made. The anticipated cost of removal shall be based upon a certification from a professional Engineer. The bond shall be in such form as to be acceptable to the Recorder-Treasurer. (Passed 1-13-03.)