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Guttenberg City Zoning Code

§ 28-31.13

Abandonment or Discontinuation of Use.

[Ord. No. 005-10 § I, 28-31.13]
a. 
At such time that a licensed carrier plans to abandon or discontinue operation of a wireless telecommunications facility, such carrier shall notify the Town Clerk by certified United States Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned if it is not operated for a continuous period of 12 months.
b. 
The owner of any wireless telecommunications facility that is abandoned shall physically remove it within 90 days of receipt of notice from the Building Department notifying the owner of such abandonment. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. "Physically remove" shall include, but not be limited to:
1. 
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
2. 
Proper disposal of waste materials from the site in accordance with local, County and State solid waste disposal regulations.
3. 
Restoring the location of the facility to its original and/or natural condition, except that any landscaping and grading shall remain in the after-condition as deemed appropriate by the Town Engineer.
c. 
If a carrier does not physically remove the antenna or tower in accordance with this section, the Mayor and Council may order the physical removal of such antenna or tower at the owner's expense and lien the property for the costs associated therewith, inclusive of professional fees.