(a) Required Notification. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City whose use will be discontinued and the date the use will cease. Such report shall be filed with the City 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the City Manager (or his or her designee) may declare the facility abandoned. The 180 day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the City Manager (or his or her designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner.
(b) Required Notice. The City must provide the wireless telecommunication facility owner and the private property owner 30 days notice and an opportunity to be heard before the Zoning Board of Appeals before initiating such action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
(c) Right to Public Hearing by Owner. The City shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Board of Appeals, which public hearing shall follow the 30 day notice required in Section 1111.12(b). All interested parties shall be allowed an opportunity to be heard at the public hearing.
(d) Order of Abatement or Demolition. After a public hearing is held pursuant to Section 1111.12(c) the City may order the abatement or demolition of the tower. The City may require the private property owner to pay for all expenses necessary to acquire or demolish the tower.
(Ord. A-3075. Passed 1-24-22.)