§ 29-52. Removal of wireless telecommunications facilities.

(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 wireless telecommunications facilities.

(1)

Wireless telecommunications facilities with a permit have been abandoned (i.e. Not used as wireless telecommunications facilities) for a period exceeding ninety consecutive (90) days or a total of one hundred-eighty (180) days in any three hundred-sixty five-day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within ninety (90) days;

(2)

Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard;

(3)

Wireless telecommunications facilities have 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.

(b)

If the city makes such a determination as noted in subsection (a) of this section, then the city shall notify the holder of the special use permit for the wireless telecommunications facilities within forty-eight (48) hours that said wireless telecommunications facilities are to be removed, the city may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

(c)

The holder of the special use permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, 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 ninety (90) days of receipt of written notice from the city. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the city.

(d)

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within ninety (90) days after the permit holder has received notice, then the city may order officials or representatives of the city to remove the wireless telecommunications facilities at the sole expense of the owner or special use permit holder.

(e)

If, the city removes, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the city may take steps to declare the wireless telecommunications facilities 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 wireless telecommunications facilities, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected wireless telecommunications facilities 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 ninety-day time period, then the city may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

(Ord. No. 2003-19, § 27, 1-5-03)