All providers utilizing wireless telecommunications towers shall present a report to he Building Commissioner notifying him of any wireless telecommunications facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of any wireless telecommunications facility is discontinued for 180 days, the Building Commissioner may declare such facility abandoned. If such facility is abandoned, it shall be presumed to be a nuisance affecting or endangering surrounding property values, and being detrimental to the public health, safety, convenience, comfort, and general welfare of the community and shall be abated. The Building Commissioner shall then give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises and the entity to which the building permit for the wireless telecommunications facility was issued at their last known address, or to the address to which tax bills are sent or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing such facility in operation in accordance with this Code, or by razing the facility. Upon failure, neglect or refusal of any owner to comply with the notice to abate such nuisance, the Building Commissioner shall take such action as may be necessary to abate said nuisance. If reactivation or dismantling does not occur within such sixty-day period, the City may remove or contract to remove the facility and assess the owner/operator the cost as related thereto. If said owner/operator fails within thirty days to reimburse the City such costs, the bond or cash deposit required under Section 1273.05 (h) may be utilized by the City to recover such costs.
(Ord. 2002-29. Passed 1-6-03.)