(A) Under the following circumstances, the city may determine that the health, safety and welfare interests of the city warrant and require the removal of WECS:
(1) WECSs with a permit have been abandoned (i.e. not used as a WECS) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within 90 days;
(2) The permitted WECS falls into such a state of disrepair that it creates a health or safety hazard;
(3) The WECS has been located, constructed, or modified without first obtaining, or in a manner not authorized by the required special use permit, or any other necessary authorization and the special permit may be revoked.
(B) If the city makes such a determination as noted in division (A) of this section, then the city shall notify the holder of the special use permit for the WECS within 48 hours that said WECS are to be removed, the city may approve an interim temporary use agreement/permit, such as to enable the sale of the WECS.
(C) The holder of the special use permit, or its successors or assigns, shall dismantle and remove such WECS and all associated structures and facilities from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the city.
(D) If the WECS is not removed or substantial progress has not been made to remove the WECS within 90 days after the permit holder has received notice, then the city may order officials or representatives of the city to remove the WECS at the sole expense of the owner or special use permit holder.
(E) If the city removes or causes to be removed, WECS, and the owner of the WECS does not claim and remove it from the site to a lawful location within 10 days, then the city may take steps to declare the WECS abandoned, and sell them and their components.
(F) Notwithstanding anything in this section to the contrary, the city may approve a temporary use permit/agreement for the WECS, for no more than 90 days, during which time a suitable plan for removal, conversion, or re-location of the affected WECS shall be developed by the holder of the special use permit, subject to the approval of the city, and an agreement to such plan shall be executed by the holder of the special use permit and the city. If such a plan is not developed, approved and executed within the 90-day time period, then the city may take possession of and dispose of the affected WECS in the manner provided in this section.
(Ord. 07-09, passed 3-2-2009)