§ 16-271. Abandonment.

(a)

In the event all legally approved use of any antenna or communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the antenna or communication tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the community development director who shall have the right to request documentation and affidavits from the antenna or communication tower owner regarding the issue of usage.

(b)

At such time as the community development director reasonably determines that an antenna or communication tower is abandoned, the community development director shall provide the antenna or communication tower owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond to the notice within sixty (60) days of receipt of such notice, shall constitute prima facie evidence that the antenna or communication tower has been abandoned.

(c)

If the owner of the antenna or communication tower fails to demonstrate that the antenna or communication tower is not abandoned, the antenna or communication tower shall be considered abandoned and the owner of the antenna or communication tower shall have an additional one hundred twenty (120) days from the end of the initial sixty-day notice period within which to: (i) reactivate the use of the antenna or communication tower or transfer the antenna or communication tower to another owner who makes actual use of the antenna or communication tower within the one hundred-twenty-day period, or (ii) dismantle and remove the antenna or communication tower. If one hundred twenty-one (121) days from the date of abandonment, the communication tower has not been reactivated and the communication tower has not been dismantled and removed, the owner shall be in violation of this section.

(Ord. No. 402-98-E, § 1, 8-25-98; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-13-F, § 3, 9-10-13)