(A) Discontinued use. Any operator who intends to abandon or discontinue use of a telecom facility or SCWF, whether located on public property, private property, or the public ROW must notify the city by certified mail no less than 30 days prior to such action. The operator or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by city staff, within which to complete one of the following actions:
(1) Reactivate use of the telecom facility or SCWF;
(2) Transfer the rights to use the telecom facility or SCWF to another operator and the operator immediately commences use; or
(3) Remove the telecom facility or SCWF and restore the site at the permittee's sole expense.
(B) Abandonment. Any telecom facility or SCWF that is not operated for a continuous period of 180 days or whose operator did not remove the telecom facility or SCWF in accordance with division (A) above shall be deemed abandoned. Upon a finding of abandonment, the city shall provide notice to the telecom carrier last known to use such facility and, if applicable, the owner of the affected real property, providing 30 days from the date of the notice within which to complete one of the following actions:
(1) Reactivate use of the telecom facility or SCWF;
(2) Transfer the rights to use the telecom facility or SCWF to another operator; or
(3) Remove the telecom facility or SCWF and restore the site at the permittee's sole expense.
(C) Removal by city.
(1) The city may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable codes at any time after 30 days following the notice of abandonment.
(2) If the city removes the telecom facility or SCWF, the city may, but shall not be required to, store the removed facility or any part thereof. The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the city promptly after demand is made. In addition, the City Council, at its option, may utilize any financial security required in conjunction with granting the telecommunication permit as reimbursement for such costs. Also, in lieu of storing the removed facility, the city may convert it to the city's use, sell it, or dispose of it in any manner deemed by the city to be appropriate.
(Ord. 2021-03, passed 12-7-2021)