(a) The owner/operator of the telecommunication facility shall remove a non-functioning facility within 6 months of ceasing its use. The owner/operator of the telecommunication facility shall annually file a declaration with the Zoning Inspector as to the continuing operation of every facility installed on the tower under this chapter. The owner/operator of the telecommunication facility shall annually file with the Zoning Inspector proof of inspections and compliance with current codes and standards for the tower and facility as prepared and performed by an Ohio Registered Engineer.
(b) The owner/operator of the telecommunication facility shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless telecommunication facility which bond shall insure that an abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within six months of cessation of use and abandonment. Any successor-in-interest or assignee of the owner-operator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the tower.
(c) All providers utilizing towers shall present a report to the Commission notifying them of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The facility's owner/operator will receive written notice from the Zoning Inspector and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivating or dismantling does not occur, the municipality may remove or may contract to have the facility removed and assess the owner/operator the costs, including, but not limited to, use of the bond described in subsection (b) hereof.
(Ord. 25-2011. Passed 9-20-11.)