§ 146-8. Abandonment.

(a)

In the event all legally approved use of any wireless communications facility has been discontinued for a period of six months, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Planning Director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of wireless communications facility usage, including evidence that use of the wireless communications facility is imminent.

(b)

At such time as the Planning Director reasonably determines that a wireless communications facility is abandoned, the Planning Director shall provide the facility owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within 60 days of receipt of such notice, shall constitute prima facie evidence that the wireless communications facility has been abandoned.

(c)

If the owner of the wireless communications facility fails to respond or fails to demonstrate that the wireless communications facility is not abandoned, the facility shall be considered abandoned and the owner of the facility shall have an additional 120 days within which to:

(1)

Reactivate the use of the wireless communications facility or transfer the wireless communications facility to another owner who makes actual use of the facility within the 120-day period, or

(2)

Dismantle and remove the wireless communications facility.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)