The purpose of these requirements and guidelines is to regulate the location and design of "wireless communication facilities" as defined herein to protect the public safety, the general welfare, and the quality of life in the City, and to facilitate the orderly deployment and development of wireless communications services in the City. The City Council has found and determined that these requirements and guidelines for wireless communication facilities are necessary to attain such purpose. These regulations are intended to supersede applicable provisions of this Zoning Title pertaining to antenna structures and appurtenant communications equipment and to establish minimum requirements and flexible guidelines for the governance of wireless communications facilities, taking into consideration the rapid technological advances and the proliferation in use of radio communication services. (Ord. 1275, 8-19-1997)

For purposes of this Chapter, the following words, terms, phrases and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.

   ACCESSORY STRUCTURE: An "accessory structure" as defined in Section 15-1-6 of this Title.

   ANTENNA STRUCTURE: An antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

   COLLOCATION OR COLLOCATED: The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

   COMMERCIAL MOBILE SERVICE: Any mobile service that: a) is offered in return for monetary compensation; b) is available to the public or a substantial portion of the public; and c) provides subscribers with the ability to access or receive communication from the public switched telephone network. Commercial mobile service includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications service (PCS).

   COORDINATED ANTENNA PROGRAM OR CAP: A coordinated program to preapprove multiple locations for proposed and potential future facilities.

   DISGUISED FACILITY: Any wireless communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure.

   FIXED WIRELESS SERVICE: Any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

   GROUND MOUNTED: Mounted to a pole, lattice tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

   LATTICE TOWER: A tower-like structure used to support antennas, typically with a height in excess of forty feet (40') and comprised of three (3) or four (4) steel support legs.

   MAJOR FACILITY: A wireless communication facility that is either ground mounted or roof mounted; provided, that a roof mounted facility screened on all four (4) sides by solid material that is architecturally compatible with the surrounding environment and does not exceed the maximum height of the applicable zoning district shall be deemed a minor facility.

   MICROWAVE COMMUNICATION: The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3GHz to 300GHz frequency spectrum).

   MINOR FACILITY: A wireless communication facility that is either: a) wall mounted; b) utility mounted; or c) roof mounted in such a manner that the entire facility is screened by solid material on four (4) sides, is architecturally compatible with the surrounding environment, and does not exceed the maximum height of the applicable zoning district.

   MOBILE SERVICE: Any service providing radio communication to or from at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS section 153 and interpreted by the Code of Federal Regulations and the Federal Register.

   MOUNTED: Any manner of attachment, support, or connection, whether on ground or on a structure.

   MULTIPOINT DISTRIBUTION SERVICE: A microwave communication service that delivers video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by section 207 of the Telecommunications Act of 1996, section 1,4000 of title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission.

   RADIO COMMUNICATION: The transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves.

   ROOF MOUNTED: A facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennas, in any manner that does not satisfy either the definition of "wall mounted" or "utility mounted", typically mounted on the roof of an existing building.

   UTILITY MOUNTED: A facility that is mounted to an existing aboveground structure specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the City to be similar in nature.

   WALL MOUNTED: A facility that is mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including without limitation the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

   WIRELESS COMMUNICATIONS FACILITY OR FACILITY: An antenna structure and any appurtenant facilities or equipment located within City limits and that is used in connection with the provision of wireless service.

   WIRELESS SERVICE: Any type of wireless service providing radio communications that satisfies the definition of commercial mobile service, fixed wireless service, or wireless video service.

   WIRELESS VIDEO SERVICE: Any service providing radio communication which delivers video programming. (Ord. 1275, 8-19-1997)

   A.   All facilities which are erected, located, or modified within the City on or following the effective date hereof shall comply with this Chapter, subject to the categorical exemptions under subsection C of this Section, provided that:

      1.   All facilities for which applications were determined complete by the Community, Economic and Development Services Department prior to the effective date hereof shall be exempt from the regulations and guidelines of this Chapter.

      2.   All facilities for which building permits were issued by the Community, Economic and Development Services Department prior to the effective date hereof shall be exempt from the regulations and guidelines of this Chapter, unless and until such time as subsection B of this Section applies.

   B.   All facilities for which building permits and any extension thereof have expired shall comply with the provisions of this Chapter.

   C.   The following uses shall be exempt from the provisions of this Chapter until such time as Federal regulations are repealed or amended to eliminate the necessity of the exemption:

      1.   Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by section 207 of the Telecommunications Act of 1996, title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

      2.   Any antenna structure that is two meters (2 m) (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna.

      3.   Any antenna structure that is one meter (1 m) (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service; provided, that no part of the antenna structure extends more than twelve feet (12') above the principal building on the same lot.

   D.   The following uses shall be exempt from the provisions of this Chapter:

      1.   Any antenna structure that is designed and used solely to receive television broadcast transmission.

      2.   Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

   E.   Wireless communication facilities in the pubic right-of-way are subject to the regulations in Title 9, Chapter 9. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1618, 6-16-2020)

For the purpose of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major facility to the relevant property line. (Ord. 1275, 8-19-1997)

   A.   Application Requirements And Procedures:

      1.   Each applicant for a permit required by this Chapter shall submit: a) a site plan to the City which includes a description and visual diagram of the location and design of the proposed facility; and b) a completed application for either a wireless communications facilities permit ("WCFP") or a conditional use permit ("CUP"), in accordance with the requirements set forth in Chapters 22 and 23 of this Title, and such additional or different requirements as are made applicable by this Chapter. Any application that is improperly submitted or fails to contain all of the information as required by this Chapter shall be deemed incomplete.

      2.   Each application shall contain a brief narrative accompanied by written documentation that explains and validates the applicant's efforts to locate the facility in accordance with the screening and site selection guidelines set forth in subsection C of this Section.

      3.   Each application shall contain a narrative that discloses the exact location and nature of any and all existing facilities that are owned, operated or used by the applicant and located within five (5) miles from the geographic borders of the City.

      4.   Each application shall contain a narrative and appropriate maps that disclose the geographic area within the City that are proposed to be serviced by the proposed facility, the geographic area bordering the City, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facility outside the City and the efforts, if any, that applicant has made to locate the facility outside the City.

      5.   Notwithstanding any permit that may be granted in accordance with this Chapter, the facility shall be erected, located, operated and maintained at all times in compliance with this Chapter and all applicable laws, regulations and requirements of the building code, and every other code and regulation imposed or enforced by the City, the State, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.

   B.   Development Requirements: The facility shall comply with each of the following requirements:

      1.   The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage. (Ord. 1275, 8-19-1997)

      2.   Any and all accessory equipment, or other equipment associated with the operation of the facility, including, but not limited to, transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either: a) shrouded by sufficient landscaping to screen the equipment from view; or b) designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Director of Community Development may require a particular design that is deemed by the Director to be suitable to the subject location. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000)

      3.   The facility exterior shall be comprised of nonreflective material and painted or camouflaged to blend with surrounding materials and colors.

      4.   Any and all screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.

   C.   Setback Requirements And Guidelines: The facility shall be considered an accessory structure. If the facility is located in a residential zone or within two hundred feet (200') of a residential use, then the facility shall comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located shall be considered, in accordance with the following guidelines, by the City in connection with its processing of any facility permit.

   D.   Screening And Site Selection Guidelines: In addition to the above requirements, the following guidelines shall be considered by the City in connection with its processing of any facility permit.

      1.   The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available.

      2.   The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures.

      3.   The total size of the proposed facility, particularly in relation to surrounding and supporting structures.

      4.   The location of the proposed facility and the extent to which it conforms to the following in order of preference (subsection D4a being the most preferred):

         a.   Collocated with an existing facility or located at a preapproved location.

         b.   Attached to an existing structure such as an existing building, communication tower, church steeple or utility.

         c.   Located in an industrial zoning district.

         d.   Located in a commercial zoning district.

      5.   The availability of suitable alternative locations for the facility. (Ord. 1275, 8-19-1997; amd. Ord. 1639, 9-20-2022)

The following requirements shall apply in addition to the requirements of Section 15-19-5 of this Chapter:

   A.   Requirement For Wireless Communications Facilities Permit ("WCFP"): Subject to subsections B and C of this Section, each minor facility that is not specifically exempt under Section 15-19-3 of this Chapter must first obtain administrative approval of a WCFP in accordance with Chapter 22 of this Title, and any additional or different requirements made applicable by this Chapter. If the Director of Community Development denies an application for a WCFP, (s)he shall make a written determination supported by findings that the proposed facility would cause significant negative impacts on the public safety or welfare.

   B.   Residential Zones Require Conditional Use Permit: A minor facility shall not be located within a residential zone in the City unless such facility receives Planning Commission approval of a conditional use permit.

   C.   Height Requirements: Notwithstanding any other provision in this Code, no minor facility, except utility mounted facilities, shall exceed the maximum building height for the applicable zoning district unless such facility receives Planning Commission approval of a conditional use permit, which permit shall not be considered for approval unless:

      1.   The applicant demonstrates to the City's satisfaction that exceeding the height limitation is reasonably necessary for operation of the facility; or

      2.   The facility is collocated and the height in excess of zoning requirements is reasonably necessary to the proposed shared use.

   D.   Vertical Extension; Utility Mounted Facilities: A utility mounted facility may, if approved by the Director of Community Development or Planning Commission, as appropriate, exceed the maximum building height limit for the applicable zoning district. The extent that the utility mounted facility increases the height of the existing utility pole or structure, and the need for such height increase, shall be additional considerations taken into account by the City in connection with its processing of any permit for a utility mounted facility. A utility mounted facility shall not increase the height of a utility pole or structure by more than four feet (4') of its existing height unless such facility receives Planning Commission approval of a conditional use permit.

   E.   Horizontal Extension; Utility Mounted Facilities: The extent that the utility mounted facility protrudes or extends horizontally from the existing utility pole or structure, and the need for such extension, shall be additional considerations taken into account by the City in connection with its processing of any permit for a utility mounted facility. A utility mounted facility may not protrude or extend horizontally more than eighteen inches (18") from the existing utility pole or structure unless such utility mounted facility receives Planning Commission approval of a conditional use permit. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

The following requirements shall apply in addition to the requirements of Section 15-19-5 of this Chapter:

   A.   Requirement For Conditional Use Permit: Each major facility that is not specifically exempt under Section 15-19-3 of this Chapter must first obtain Planning Commission approval of a conditional use permit in accordance with Chapter 23 of this Title and any additional or different requirements made applicable by this Chapter. If the Planning Commission denies any application for a conditional use permit, it shall make a written determination supported by findings that the proposed facility would cause significant negative impacts on the public safety or welfare.

   B.   Location Requirements:

      1.   Lattice towers shall not be located in: a) any part of Zones C-RS or C-2; b) any area zoned for residential use; or c) any part of Zone C-3 located west of Sepulveda Boulevard. Lattice towers may be permitted in all other zones; provided, however, that they shall not be located within one hundred feet (100') of any property containing a residential structure.

      2.   No portion or extension of a major facility shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the City may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this Chapter.

      3.   A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area. (Ord. 1275, 8-19-1997)

   C.   Additional Design Requirements:

      1.   A ground mounted facility shall be secured from access by the general public with a fence of a type and design approved by either the Director of Community Development or the Planning Commission.

      2.   A ground mounted facility shall be covered with a clear anti-graffiti material of a type approved by the Director of Community Development. The City may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the City that there is adequate security around the facility to prevent graffiti. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000)

   D.   Height Requirements: Notwithstanding any other provision in this Code, no major facility shall exceed the maximum building height for the applicable zoning district unless such facility receives Planning Commission approval of a conditional use permit, which permit shall not be considered for approval unless:

      1.   The applicant demonstrates to the City's satisfaction that exceeding the height limitation is reasonably necessary for operation of the facility; or

      2.   The facility is collocated and the height in excess of zoning requirements is reasonably necessary to the proposed shared use.

   E.   Additional Screening And Site Selection Guidelines: In addition to the above requirements, the following guidelines shall be considered by the City in connection with its processing of any facility permit:

      1.   A major facility should not be located within two hundred feet (200') of any property containing a residential use.

      2.   A major facility should be located at least five hundred feet (500') from the nearest existing, legally established major facility (except in the event that such facility is collocated).

      3.   A ground mounted facility should be located in close proximity to existing aboveground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next 18 months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City.

      4.   A roof mounted facility that extends above the existing parapet of the building on which it is mounted should be screened by a material and in a manner that is compatible with the existing design and architecture of the building.

      5.   A roof mounted facility, and any guy wires, supporting structures and accessory equipment should be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets.

      6.   No part of a ground mounted facility should be located in any required setback. (Ord. 1275, 8-19-1997; amd. Ord. 1639, 9-20-2022)

   A.   Preapproved Locations:

      1.   The City will approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right of way and which are approved for major facilities. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time.

      2.   All facilities located on a public property site which is preapproved in accordance with subsection B1 of this Section following the effective date hereof must obtain administrative approval of a WCFP in accordance with Chapter 22 of this Title, and any additional or different requirements made applicable by this Chapter.

      3.   All leases of public property which are preapproved in accordance with subsection B1 of this Section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other applicant wishing to collocate to the extent technically feasible.

   B.   Requirement For Separate Lease Agreement: Any lease of City- owned property for the purpose of erecting a wireless communications facility shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this Code. (Ord. 1275, 8-19-1997)

   A.   Requirements: Any wireless service provider may apply for Planning Commission approval of a coordinated antenna plan (CAP) to obtain preapproval for the use of proposed and potential future locations for facilities, subject to the following requirements:

      1.   The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna.

      2.   The CAP shall identify potential future locations by lot and parcel number.

      3.   Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Chapter 27 of this Title.

      4.   Following Planning Commission approval of a CAP, each facility that complies with the specifications of the CAP may be approved subject to an administrative WCFP in accordance with the requirements set forth and referenced herein. Except for the type of permit, nothing in this Section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this Chapter, and the Director of Community Development may deny a WCFP, or place conditions upon its approval, notwithstanding prior approval of a CAP.

      5.   Any conditions placed on the approval of a WCFP for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP.

      6.   The CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twenty four (24) months following its approval by the Planning Commission regardless of whether any WCFP has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefor, extend the term of the CAP for up to twenty four (24) additional months; no CAP shall continue longer than forty eight (48) months.

   B.   Findings: The Planning Commission shall approve a CAP based upon the following findings:

      1.   The intent and purpose of this Chapter, and all its regulations and requirements will be preserved.

      2.   Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP.

      3.   Any future facilities within the specifications of the CAP will be consistent with the General Plan and the uses permitted in this Zoning Title, subject to subsequent approval of a WCFP.

   C.   Application Procedures: Each applicant for a CAP shall submit the following information:

      1.   Written application on a form prescribed by the Community, Economic and Development Services Department.

      2.   A map clearly indicating the following information:

         a.   Lot and parcel dimensions for proposed locations.

         b.   Location, size, height and use of all existing buildings and structures on the proposed location and abutting properties.

         c.   Location, height, and description of all existing aboveground utility facilities on the proposed location and abutting properties.

         d.   Location, size, and dimensions of all existing yards, setbacks, landscape areas, parking, walls, fences, and spaces between structures on the proposed location and abutting properties.

         e.   Any other information as may be required by the Community, Economic and Development Services Department.

      3.   Written statement indicating for each location: a) the proposed maximum height of the facility; b) the anticipated type of antenna structure; c) any anticipated accessory equipment to be located on the site; d) proposed screening materials, if any, in general terms; and e) willingness to collocate on the proposed location.

      4.   All applicable permit processing fees as established by resolution. An additional permit fee for each proposed facility shall be submitted with each subsequent application for a WCFP, and with each request for modification of a permit.

   D.   Modification Procedures: Subsequent approval of a WCFP for a major facility subject to a CAP requires strict compliance with the specifications of the CAP (in addition to any additional conditions of the WCFP); provided, however, that the Director of Community Development may approve a minor modification of the CAP concurrent with an application for a WCFP. For the purposes of this Section, a minor modification shall include any adjustment to the approved specifications of the CAP which: 1) does not increase the height of the facility by more than five percent (5%) from the approved maximum height; 2) does not move the location of the facility closer to any approved location; 3) does not move the location of the facility within two hundred feet (200') of a residential property or school facility; and 4) does not otherwise significantly increase the adverse impacts upon the subject site or surrounding community. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

Any applicant or the operator and/or owner of a facility may appeal a final decision of the Director of Community Development or Planning Commission. All appeals shall be processed as provided by Chapters 25 and 27 of this Title. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

   A.   Changed Circumstance: Any conditional use permit or WCFP granted or approved pursuant to this Chapter shall be granted or approved by the City and its Planning Commission with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following in relation to the approved facility as described and diagramed in the related site plan: increased height or size of the facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the maximum permissible exposure (MPE) limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission.

   B.   Additional Right To Revoke For Violation: The reservation of right to review any permit granted or approved hereunder by the City, its Planning Commission and/or City Council is in addition to, and not in lieu of, the right of the City, its Planning Commission and/or City Council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit. (Ord. 1275, 8-19-1997)

   C.   Modification Of Permit; Collocation: Upon review, any changed circumstance as determined by the Director of Community Development shall require the application and approval of a modification to the original WCFP or conditional use permit; provided, that any modification to accommodate collocated facilities may be approved administratively without the approval of the Planning Commission. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

   A.   Discontinued Use: The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Director of Community Development in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner and/or operator shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate such as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements. For purposes of this subsection, a discontinued use shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three (3) month period.

   B.   Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address stated on the facility permit application, and shall be deemed given at the time delivered or placed in the mail. A written notice of the City's determination of abandonment shall be mailed or delivered to the operator of the facility at the address stated in the relevant permit application.

   C.   Removal Of Abandoned Facility Or Hearing: The operator of the facility and the owner of the property on which it is located, shall within thirty (30) days after notice of abandonment is given either: 1) remove the facility and restore the premises, or 2) provide the Community, Economic and Development Services Department with written objection to the City's determination of abandonment and request for hearing before the Director of Community Development in accordance with the procedures in Chapter 27 of this Title. If a written objection is timely received and a hearing is properly requested, the procedures for hearings, notices and related fees set forth in Chapter 27 of this Title shall apply. The operator and/or owner shall be given the opportunity to provide evidence that the facility was in use during the relevant six (6) month period and that it is presently operational. The operator and/or owner shall be given the opportunity to cross-examine any evidence provided by the City to the contrary. The Director of Community Development shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination.

   D.   Removal By City: The City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code at any time: 1) after thirty (30) days following the notice of abandonment; or 2) following a notice of decision by the Director of Community Development, if applicable, subject to the owner/operator's right of appeal under Chapter 25 of this Title. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

   E.   Penalties: The operator of the facility, and the owners of the premises upon which it is located, shall be in violation of this Chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to Section 15-28-2 of this Title.

   F.   City Lien On Property: Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the abandoned personal property and any real property on which the facility was located, for the full amount of the cost of removal, repair, restoration and storage. The Director of Community Development shall cause the lien to be recorded in the County of Los Angeles Recorder's office. (Ord. 1275, 8-19-1997; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)