§ 110-741. Removal of abandoned antennas and towers.
Latest version.
(a)
Whenever use of a wireless antenna or tower has been discontinued for a period of
six months or whenever public and/or private utilities serving the facility have been
discontinued for a period of six months the tower shall be considered abandoned. Upon
written demand by the city, the owner of an abandoned tower or antenna shall remove
such tower or antenna within 60 days. Failure to do so shall constitute a violation
of the Code. Upon notification to remove a tower or antenna, pursuant hereto, any
previously granted special permit will terminate. Determination of the date of abandonment
shall be made by the city, and the owner or user of the tower or antenna shall be
permitted to provide evidence of its continued use to avoid a determination of abandonment.
(b)
Whenever a tower or antenna is abandoned, but not removed or demolished as required
herewith, the city may remove or demolish the tower or antenna and place a lien on
the property for the cost thereof, in accordance with the procedures for abatement
of a nuisance set for in the Code, pertaining to nuisances. Such lien shall be collected
as provided by law, shall be superior to all other liens except taxes, and shall include
all costs of collection, including reasonable attorney fees incurred through all appellate
proceedings.
(Code 1983, § 20-512(C))
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