(a)

In the event all legally approved use of a telecommunications tower and/or antenna has been discontinued for a period of 180 consecutive days, the telecommunications tower and/or antenna shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the town manager, who shall have the right to request documentation and/or affidavits from the owner of the telecommunications tower and/or antenna regarding the issue of usage.

(b)

At such time as the town manager reasonably determines that a telecommunications tower and/or antenna is abandoned, the town manager shall provide the owner of the telecommunications tower and/or antenna 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 telecommunications tower and/or antenna has been abandoned.

(c)

If the owner of the telecommunications tower and/or antenna fails to respond or fails to demonstrate that the telecommunications tower and/or antenna is not abandoned, the telecommunications tower and/or antenna shall be considered abandoned and the owner of the telecommunications tower and/or antenna shall have an additional 120 days within which to:

(1)

Reactivate the use of the telecommunications tower and/or antenna;

(2)

Transfer the telecommunications tower and/or antenna to another owner who makes actual use of the telecommunications tower and/or antenna within the 120 day period.

(3)

Dismantle and remove the telecommunications tower and/or antenna.

(LDC Ord. of 1-9-2014)