10-17-24 Removal Of Wirelss Telecommunications Facilities

A. Under the following circumstances, the City Planning Commission may determine that the health, safety, and welfare interests of the City warrant and require the removal of wireless telecommunications facilities. 1. Abandonment or Vacation of Conditional Use: See Ord., 10-19-2.F 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 Conditional Use Permit, or any other necessary authorization. B. If the City Planning Commission makes a determination as noted in subsection (A) of this section, then the City Planning Commission shall notify the holder of the Conditional Use Permit for the wireless telecommunication facilities within fortyeight (48) hours that said such facilities are to be removed. The City Planning Commission may approve an interim temporary use agreement/permit, such as, for example, to enable the sale of the wireless telecommunications facilities. C. The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and removes 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 Planning Commission. 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 Planning Commission. 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 Planning Commission may order officials or representatives of the City to remove the wireless telecommunications facilities at the sole expense of the owner or Conditional Use Permit holder. E. If, pursuant to this section, 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 days, then the City Planning Commission may take steps to declare the wireless telecommunications facilities abandoned, and sell them, and their components and keep the proceeds from such facilities sale. F. Notwithstanding anything in this section to the contrary, the City Planning Commission may approve a temporary use permit/agreement for the wireless telecommunications facilities, for not more than ninety (90) days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the Planning Commission, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the Planning Commission. If such a plan is not developed, approved, and executed within the ninety (90) 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.