§ 12.15. Discontinuance of use, abandonment, and removal.

1.

In the event the use of a tower is discontinued by the facilities owner, or in the event a facilities owner files notice to the FCC of its intent to cease operating, the facilities owner and/or the landowner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be or was discontinued.

2.

If the city receives notice, or if any tower shall cease to be used for a period of 180 consecutive days the city shall notify the facilities owner, with a copy to the applicant, that the site will be subject to a determination that such site has been abandoned. The facilities owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the facilities owner fails to show that the tower has been in use or under repair during the period, the city shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the facilities owner shall, within 75 days, dismantle and remove the tower. If a facilities owner fails to remove an abandoned tower within 75 days of the final determination of abandonment, the city may dismantle and remove the tower and recover the costs of same from the facilities owner or by accessing the bond set forth above.

(Ord. No. 05-2013, 5-13-2013)