§ 44-9. Abandonment and removal of telecommunications structures; remedies.

A telecommunications facility may be determined to be abandoned because of discontinued use or falling into disrepair or noncompliance with standards set forth in this chapter. The county may seek to have the abandoned telecommunications facility removed regardless of the owner/operator's intent to operate the facility and regardless of any permits, federal, state or otherwise, which may have been granted.

(1)

Abandonment because of discontinued use and removal.

a.

Abandonment. Any telecommunications facility not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it.

b.

Removal. The owner/operator of a telecommunications facility and the owner of the property where the facility is located, if not public property, shall jointly and severally be under a duty to remove the abandoned telecommunications facility.

(2)

Abandonment because of disrepair or noncompliance and removal.

a.

Abandonment. In the event a telecommunications facility falls into disrepair or noncompliance with the standards set forth in this chapter, the facility shall be determined to be abandoned if repairs are not affected to restore compliance within 30 days after written notice of noncompliance from the board of commissioners.

b.

Removal. If after the expiration of the 30-day notice of noncompliance from the board of commissioners no action has been taken by the owner to restore compliance of the facility, the owners/operators of the facility and the property where the facility is located, if not on public property, shall jointly and severally be under a duty to remove the abandoned telecommunications facility.

(3)

Remedies for abandonment. If such facility is not removed within 60 days of receipt of removal notice from the county, the county may remove such facility and place a lien upon the property for the costs of removal, and the county may pursue any and all legal remedies available to it to insure the abandoned telecommunications facility are removed and to recover of all costs associated with the removal.

(4)

No waiver by delay. Delay by the county in taking action shall not in any way waive the county's right to take action.

(5)

Expiration of prior approvals.

a.

Any proposal to reestablish the telecommunications facility after failure to remedy a disrepair or noncompliance shall be treated as a new application, requiring a new conditional use permit and telecommunications facility building permit, subject to reviews, approvals, permits, and fees as required by this chapter.

b.

Any construction, modification, collocation, or other activity requiring a telecommunications provider to obtain either a conditional use permit or telecommunications facility building permit, or both, shall be commenced within six months of obtaining such permits. In the event the permitted activity is not commenced within such time, the permits shall be deemed expired and the applicant shall be required to obtain new permits as required in section 44-5.

(6)

Liability for noncompliance. No time period stated herein shall relieve the owner of a telecommunications facility from responsibility to maintain a safe facility.

(Res. of 7-29-2002, § 17.9; Ord. of 12-7-2004, art. XVII, § 17.9)