§ 122.08 DISCONTINUANCE OF USE; GUARANTEE OF APPLICANTS.
   (A)   If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall file with the Commission a copy of the notice to the FCC of intent to cease operations within 30 days of such notice to the FCC. If the cellular antenna or cellular antenna tower to alternative cellular antenna tower structure will not be reused, the owner shall have 180 days from submittal of the FCC notice to the Commission to obtain all necessary permits and to remove the antenna or tower. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than 12 months from submittal of the FCC notice to the Commission within which to commence new operations of the antenna or tower to be reused. Upon failure to so commence, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned and the owner shall obtain within 90 days of the expiration of the 12-month period a demolition permit and remove the antenna or tower that is presumed abandoned within 60 days of obtaining the demolition permit. If the owner fails to remove an antenna or tower within the time provided by this paragraph, the city may cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
   (B)   To ensure the removal of all improvements at any abandoned telecommunications facility, any applicant filing an application under these regulations shall at the time of the filing deposit with the Codes Enforcement Office a letter of credit, a performance bond or other security acceptable to the Commission and to the benefit of the city in the amount equal to the cost of demolition and removal of the facility. Any such guarantee shall be irrevocable for a period of not less than 20 years.
(Ord. 01-25, passed 7-24-01; Am. Ord. 01-38, passed 11-03-01)