(a) The owner of a telecommunications facility shall be required to notify the City's Zoning Officer in writing of its intent within thirty days of its cessation of business, discontinuance of service, or any transfer, merger, or acquisition of ownership.
(b) If at any time the use of any telecommunications facility is discontinued for 120 days, the Zoning Officer may declare the facility abandoned. The 120 day period excludes any dormancy period between construction and initial use of the facility. Discontinued shall mean that the facility has not been properly maintained, has been abandoned, become obsolete, or is unused for telecommunications purposes. The Zoning Officer shall serve the facility's owner with a declaration of abandonment, with instructions to either reactivate use of the facility or dismantle and remove the facility within sixty days from the mailing of the notice.
Service of said notice shall be by ordinary mail with return receipt to the last known address of the owner and service shall be presumed if said receipt is returned by the U.S. Post Office. If the notice is returned as undelivered, the City shall post the notice on the facility for a period of thirty days. If reactivation does not occur or dismantling is not commenced or dismantling is not diligently pursued within the 60 day period and no appeal is filed as provided in this section, the City may remove the facility or contract to have the facility removed and assess to the operator and/or owner of the facility the costs of removal.
The notice of declaration of abandonment required by this section shall inform the owner that it has the right to appeal the order to reactivate or dismantle by filing a written notice of appeal to the Board of Zoning Appeals, pursuant to Section 1105.13 of the Planning and Zoning Code.
(c) No telecommunications tower shall be constructed, replaced or altered without first obtaining any applicable building permits.
(Ord. 98-132. Passed 9-28-98.)