§ 17.52.090. Abandonment.

A.

If any tower shall cease to be used for a period of 365 consecutive days, the Department of Community and Economic Development shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Hearing Examiner that such site has been abandoned. The owner shall have 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 City shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.

B.

To secure the obligation set forth in this section, the applicant (and/or owner) shall post a performance bond for the purpose of ensuring adequate removal of the tower upon termination of its use. The performance bond shall be equal to or greater than 150 percent of the estimated cost of removal of the tower, but not less than $1,000.00. Proof of performance bonds shall be submitted prior to final permit approval.

(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)