(A) The owner of any facility or complex shall be required to provide a minimum of 30 days written notice to the City Clerk prior to abandoning any facility or complex.
(B) Under the following circumstances, the city may determine that the health, safety and welfare interests of the city warrant and require the removal of facilities:
(1) A facility or complex that has been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a cumulative total of 180 non-consecutive days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall be completed within 90 days of abandonment;
(2) A support structure or facility or complex falls into such a state of disrepair that it creates a health or safety hazard or is deemed an attractive nuisance or a visual blight; and
(3) A support structure or facility or complex has been located, constructed or modified without first obtaining, or in a manner not authorized by, the required conditional use permit, or administrative approval, and the conditional permit or administrative approval may be revoked.
(C) If the city makes such a determination as noted in divisions (B)(2) or (B)(3) above, then the city shall notify the holder of the permit or administrative approval for the facility or complex that said facility or complex is to be removed.
(D) The holder of the conditional use permit or administrative approval, or its successors or assigns, shall dismantle and remove such facility or complex and all associated structures and equipment 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. Restoration shall be completed within 90 days of receipt of written notice from the city. However, if the owner of the property upon which the facility or complex is located wishes to retain any access roadway to the facility or complex, the owner may do so with the approval of the city.
(E) If a facility or complex has not been removed, or substantial progress has not been made to remove the facility or complex, within 90 days after the permit holder has received notice, then the city may order officials or representatives of the city to remove the facility or complex at the sole expense of the owner or conditional use permit holder.
(F) If the city removes, or causes facilities to be removed, and the owner of the facility or complex does not claim and remove it from the site to a lawful location within ten days, then the city may take steps to declare the facility or complex abandoned, and sell them and their components.
(G) Notwithstanding anything in this section to the contrary, the city may approve a temporary use permit/agreement for the facility or complex for no more than 90 days duration, during which time a suitable plan for removal, conversion or relocation of the affected facility or complex shall be developed by the holder of the conditional use permit, subject to the approval of the city, and an agreement to such plan shall be executed by the holder of the conditional use permit or administrative approval 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 facility or complex in the manner provided in this section and utilize the bond in § 156.23(B).
(Ord. 2016-4-26-38, passed 4-26-2016)