§ 12.17. Revocation of permit.

The city may at any time revoke a conditional use permit for any telecommunications facilities for failure to comply with the provisions of this ordinance. To properly revoke a conditional use permit, the city will comply with the procedures set forth below:

1.

The city shall provide facilities owner with written notice of a cause for revocation and the intent to revoke and shall allow facilities owner 60 days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with this ordinance. Together with the notice required herein, the city shall provide facilities owner with written findings of fact which are the basis of revocation.

2.

The city shall provide facilities owner with the right to a public hearing before the city council, which public hearing shall follow the 60-day notice required above. All interested parties shall be allowed an opportunity to be heard at the public hearing and to present evidence.

3.

After the public hearing, the council shall, within 30 business days after the public hearing date, issue a written order setting forth its findings of fact and conclusions of law forming the basis for its decision.

4.

Upon written determination by the council to revoke a permit, the facilities owner may appeal the decision to a court of competent jurisdiction in the State of Alabama.

5.

Upon satisfactory correction by facilities owner of the violation upon which said notice was given as determined in the city's sole discretion, the initial notice shall become void.

6.

Upon facilities owners' failure to correct a violation as found by the city council, the city may issue an order to disconnect any telecommunications facilities attached to a tower or antenna support structure. Said order shall not be issued prior to 30 days from the date of the council's written determination. Said order shall be served upon the facilities owner at its last known address and have attached to it the findings of the council.

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