Sec. 656.1517. - Abandonment.

(a) Discontinuation of use. In the event that the use of any wireless communication tower is discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Upon determination that a tower has been abandoned, the Coordinator shall provide written notice of same, by certified mail, to the owner of the tower and all wireless communication service providers located on said tower, as evidenced by the records of the Coordinator. (b) Evidence of abandonment. The following shall constitute prima facie evidence that a wireless communication tower has been abandoned: (1) Failure or refusal of the tower owner to respond within 20 days to the Notice of Determination of Abandonment; (2) Failure of the tower owner to submit the annual registration or certification structural integrity; or (3) Discontinuation of the use of the tower for a period of 180 consecutive days. (c) Response to notice of abandonment. Upon receipt of the Notice of Determination of Abandonment, the tower owner shall have 90 days within which to: (1) Activate the use of the tower; (2) Transfer the tower to another owner who shall make actual use of the tower within the 90-day period; or (3) Dismantle and remove the tower. (d) Removal of abandoned tower. An abandoned wireless communication tower and all associated equipment shall be removed by the tower owner within 90 days of receipt of a Notice of Determination of Abandonment. If the tower is not removed within 180 days of the date of abandonment, the City may remove the tower and all associated equipment using the funds posted as security for the tower in accordance with this Subpart. (Ord. 2007-561-E, § 2)