A. Lawfully erected WCFs that are no longer being used shall be removed promptly from the premises or right-of-way, no later than six months after the discontinuation of use, except as otherwise provided by law. A WCF is considered abandoned if it ceases to provide wireless communications services that are substantially consistent with the application and/or purposes for which the WCF was constructed for six or more months (occasional use shall not affect the six-month period). Such removal shall be in accordance with health and safety requirements and all ordinances, rules and regulations of the city. The wireless communications provider shall send to the city a copy of the discontinuation notice required by the FCC at the time the notice is sent to the regulatory agency. If a shared support structure was installed, the last provider removing equipment must remove the support structure within six months or make arrangements with the original installer to remove within six months.

B. All facilities determined to be abandoned and not removed within the required six-month period from the date of notice shall be in violation of this chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement provisions of the zoning code. The city may remove all abandoned facilities following the six-month removal period at the operators’ expense. Facilities removed by the city shall be stored for no less than 30 days and thereafter be disposed of by public auction, if deemed to be of value by the city, or otherwise as permitted by law. (Ord. 3290 § 2, 2018; Ord. 2441 § 21, 2003; Ord. 2270 § 1, 1999)