Sec. 35.1-100. Abandonment.
(a) If the city receives notice pursuant to Sec. 35.1-95, or if any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the division of inspection shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the division of inspection that such site has been abandoned. The owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the division of inspection shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five (75) days, dismantle and remove the tower. If an owner fails to remove an abandoned tower within seventy-five (75) days of the final determination of abandonment, the city may dismantle and remove the tower and recover the costs of the same from the owner or by accessing the bond set forth below. For the purposes of this section, removal includes all physical improvements associated with towers, including foundation and tower grounding.
(b) To secure the obligation set forth above, the owner shall post a bond or provide a letter of credit in an amount to be determined by the city's risk manager based on the anticipated cost of removal of the tower. (Ord. No. O-97-246, 12-9-97)
Last updated date: 10/23/2006 4:15:21 PM