This Chapter implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), as interpreted by the Federal Communications Commission’s (“FCC” or “Commission”) Acceleration of Broadband Deployment Report & Order and Iowa Code Chapter 8C.

The purpose of this Chapter is to establish general and specific guidelines for the regulation of wireless communication facilities and communication towers. In order to preserve and promote the public health, safety, convenience and general welfare of the City, this section is established to:

1. Protect the City’s visual environment from the potential adverse visual effects of the wireless communication facilities and communication towers, through careful design and location standards.
2. Prevent harm to adjoining public or private property by improper placement of wireless communication facilities.
3. Encourage collocation of wireless communication facilities on existing structures.
4. Streamline and expedite any existing permitting procedures in accordance with the intent of any Federal and State laws.

For the purposes of this Chapter, the terms used have the following meanings:

1. "Applicant." Any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an Application.
2. "Application." A request submitted by an Applicant to the City of Muscatine’s Community Development Department for the following:
   1. An Eligible Facilities Request,
   2. To construct a new Tower,
   3. For the initial placement of Transmission Equipment on a Wireless Support Structure,
   4. For the modification of an existing Tower or existing Base Station that constitutes a Substantial Change to an existing Tower or existing Base Station, or
   5. Any other request to construct or place Transmission Equipment that does not meet the definition of an Eligible Facilities Request.
3. "Base Station." A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower as defined herein or any equipment associated with a Tower. Base Station includes, without limitation:
   1. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
   2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
   3. Any structure other than a Tower that, at the time the relevant Application is filed with the City of Muscatine under this section, supports or houses equipment described in paragraphs (C)(1)-(C)(2) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
   4. The term does not include any structure that, at the time the relevant Application is filed with the City of Muscatine under this section, does not support or house equipment described in (C)(1)-(C)(2) of this section.
4. "Collocation." The mounting or installation of Transmission Equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
5. "Electric Utility." Any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa utilities board relating to safety standards.
6. "Eligible Facilities Request." Any request for modification of an existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station, involving:
   1. Collocation of new Transmission Equipment;
   2. Removal of Transmission Equipment; or
   3. Replacement of Transmission Equipment.
7. "Eligible Support Structure." Any Tower or Base Station as defined in this section, provided that it is existing at the time the relevant Application is filed with the City of Muscatine under this section.
8. "Wireless Support Structure." A structure that exists at the time an Application is submitted and is capable of supporting the attachment or installation of Transmission Equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures, whether within or outside the public right-of-way. “Wireless Support Structure” does not include a Tower or existing Base Station.
9. "Existing." A constructed Tower or Base Station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this section.
10. "Initial Placement or Installation." The first-time Transmission Equipment is placed or installed on a Wireless Support Structure.
11. "Site." For Towers not in the public right-of-way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the site, and, for other Eligible Support Structures other than towers, that area in proximity to the structure and to other Transmission Equipment already deployed on the ground.
12. "Substantial Change." A modification substantially changes the physical dimensions of an Eligible Support Structure if it meets any of the following criteria:
    1. For Towers other than Towers in the public rights-of-way, it increases the height of the Tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
    2. For Towers other than Towers in the public rights-of-way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
    3. For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for Towers in the public rights-of-way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
    4. It entails any excavation or deployment outside the current Site;
    5. It would defeat the concealment elements of the Eligible Support Structure; or
    6. It does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (L)(1)-(L)(3) of this section.
    7. Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops. Otherwise, height shall be measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No. 112-96, Tit. VI.
13. "Transmission Equipment." Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
14. "Tower." Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated Site.
15. "Utility Pole." A structure owned or operated by a public utility, municipality, or Electric Utility that is designed specifically for and used to carry lines, cable, or wires for telephone, cable television, or electricity, or to provide lighting.
16. "FCC." Federal Communications Commission of the United States.

1. Application. Applicant shall complete an Application form and indicate whether their Application and intended use is for:
   1. An Eligible Facilities Request, construction of a new Tower;
   2. For the initial placement of Transmission Equipment on a Wireless Support Structure
   3. For the modification of an existing Tower or existing Base Station that constitutes a Substantial Change to an existing Tower or existing Base Station; or
   4. Any other request to construct or place Transmission Equipment that does not meet the definition of an Eligible Facilities Request.
2. Zoning and Land Use. The City of Muscatine exercises zoning, land use, planning, and permitting authority within the City’s territorial boundaries with regard to the siting of Transmission Equipment, subject to the provisions of Iowa Code Chapter 8C and federal law.
3. Application Fee. The Application fee, including all City of Muscatine and third party fees for review or technical consultation, shall be reasonably related to actual and direct administrative costs according to Iowa law and are as follows:
   1. $50 for Eligible Facilities Request
   2. $100 for New Tower
   3. $100 for Initial Placement or Installation of Transmission on a Wireless Support Structure
   4. $100 for Modification of an Existing Tower that Constitutes a Substantial Modification
   5. $100 for any other Application to construct or place Transmission Equipment
4. Duration of Approval. The duration of the approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion.
5. Limitation of Information. The information requested for an Application shall not include information about, or evaluate an Applicant’s business decisions with respect to, the Applicant’s designed service, customer demand for service, or quality of the Applicant’s service to or from a particular area or Site.
6. Limitation of Review for Other Potential Locations or Collocation. The City of Muscatine’s review will not:
   1. Include evaluating the availability of other potential locations for the placement or construction of a Tower or Transmission Equipment; or
   2. Require Applicants to establish other options for Collocation instead of the construction of a new Tower or modification of an existing Tower or existing Base Station that constitutes a Substantial Change to an existing Tower or existing Base Station.
7. Transmission Equipment and Technology. Application review shall not dictate the type of Transmission Equipment or technology to be used by the Applicant or discriminate between different types of infrastructure or technology.
8. Radio Frequency and Environmental Impacts. The City of Muscatine shall not:
   1. Deny an Application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. §332(c)(7)(B)(iv);
   2. Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality;
   3. Impose environmental testing, sampling or monitoring requirements or other compliance measures for radio frequency emissions from Transmission Equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. §1.1307(b)(1).
9. Removal. The City of Muscatine shall not require the removal of existing Towers, Base Stations, or Transmission Equipment, wherever located, as a condition to approval of an Application.
10. Emergency Power Systems. The City of Muscatine shall not prohibit the placement of emergency power systems that comply with Federal and State environmental requirements.
11. Zoning for Airports and Airspace. The City of Muscatine can administer and enforce airport zoning pursuant to the provisions of Chapter 329 for the protection of navigable airspace.
12. Surety Requirements. The City of Muscatine shall not impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused Towers or Transmission Equipment can be removed, unless requirements are competitively neutral, nondiscriminatory, reasonable in amount, and commensurate with the historical record for local facilities and structures that are abandoned.
13. Tower Space. The City of Muscatine shall not condition the approval of an Application on the Applicant’s agreement to
    1. Provide space on or near the Tower, Base Station, or Wireless Support Structure for the City of Muscatine or local governmental or nongovernmental services at less than the market rate for such space, or
    2. Provide other services via the structure or facilities at less than the market rate for such services.
14. Historic Properties and Districts. The City of Muscatine may administer and enforce zoning regulations to approve or deny applications for proposed alterations to exterior features of designated local historic landmarks. Applicants shall also comply with federal and state historic property laws.
15. Discrimination. The City of Muscatine shall not discriminate on the basis of the ownership, including ownership by the City, of any property, structure, or Tower when promulgating rules or procedures for siting wireless facilities or for evaluating Applications.
16. Open Records. All records, documents, and electronic data in the possession or custody of City of Muscatine personnel are subject to and disclosure of such records shall be consistent with Iowa Code Chapter 22.
17. Remedies. Applicants and the City of Muscatine may bring claims related to this ordinance to any court of competent jurisdiction.

1. Application for Eligible Facilities Requests. For those Applications identified by Applicant and determined by the City of Muscatine to be an Eligible Facilities Request, the Application shall be limited to the information necessary for the City to consider whether an Application is an Eligible Facilities Request. The Application may not require the Applicant to demonstrate a need or business case for the proposed modification.
2. Type of Review. Upon receipt of an Application for an Eligible Facilities Request pursuant to this Chapter, Community Development Department shall review such Application to determine whether the Application so qualifies.
3. Timeframe for Review. Within 60 days of the date on which an Applicant submits an Application seeking approval under this Chapter, the City of Muscatine shall approve the Application unless it determines that the Application is not covered by this Chapter.
4. Tolling of the Timeframe for Review. The 60-day review period begins to run when the Application is filed, and may be tolled only by mutual agreement by the City of Muscatine and the Applicant, or in cases where the Community Development Department determines that the Application is incomplete. The timeframe for review is not tolled by a moratorium on the review of Applications.
   1. To toll the timeframe for incompleteness, the City of Muscatine must provide written notice to the Applicant within 30 days of receipt of the Application, specifically delineating all missing documents or information required in the Application.
   2. The timeframe for review begins running again when the Applicant makes a supplemental submission in response to the City’s notice of incompleteness.
   3. Following a supplemental submission, the City of Muscatine will notify the Applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (D) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
5. Interaction with Section 332(c)(7) of the United States Federal Code. If the City of Muscatine determines that the Applicant’s request is not an Eligible Facilities Request, the City shall notify Applicant in writing and include the type of Application the City determines is applicable and the basis for its determination. The timeframes under Sections 10-30-5 and 10-30-6 will begin to run from the issuance of the City of Muscatine’s decision that the Application is not an Eligible Facilities Request. To the extent such information is necessary, the City of Muscatine may request additional information from the Applicant to evaluate the Application under Sections 10-30-5 and 10-30-6, pursuant to the limitations applicable to said Sections.
6. Failure to Act. In the event the City of Muscatine fails to approve or deny a request seeking approval under this Chapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the Applicant notifies the Community Development Department in writing after the review period has expired (accounting for any tolling) that the Application has been deemed granted.

1. Application. For those Applications identified by Applicant and determined by the City of Muscatine to construct a new Tower, the Applicant shall submit the necessary copies and attachments of the Application to the Community Development Department and comply with applicable City ordinances concerning land use and the appropriate permitting processes.
2. Additional Information for Residential Districts. The City of Muscatine may request propagation maps solely for the purpose of identifying the location of the coverage or capacity gap or need for Applications for new Towers in any Residential District.
3. Explanation for Proposed Location. Notwithstanding paragraph 10-30-3(E) of this ordinance, the City of Muscatine may require an Applicant to provide an explanation regarding the reason for choosing the proposed location for construction of a new Tower and the reason the Applicant did not choose Collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the Tower attesting that Collocation within the area determined by the Applicant to meet the Applicant’s radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the Applicant.
4. Review Process. Applications seeking approval of a new communication tower require a conditional use permit pursuant to 10-30-9 and must comply with the new tower regulations set forth in section 10-30-10.
5. Timeframe for Review. Within 150 days of the date on which an Applicant submits an Application seeking approval to construct a new Tower, the City of Muscatine shall approve or deny the Application unless, another date is specified in a written agreement between the City and the Applicant.
6. Tolling of the Timeframe for Review. The 150-day review period begins to run when the Application is filed, and may be tolled only by mutual agreement by the City of Muscatine and the Applicant, or in cases where the Community Development Department determines that the Application is incomplete. The Community Development Department shall review the Application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. The timeframe for review is not tolled by a moratorium on the review of Applications.
   1. To toll the timeframe for incompleteness, the City of Muscatine must provide written notice to the Applicant within 30 days of receipt of the Application, specifically delineating all missing documents or information required in the Application and the City’s timeframe to review is tolled beginning the date the notice is sent.
   2. The City of Muscatine’s timeframe of 150 days for review begins running again when the Applicant makes a supplemental submission in response to the City’s notice of incompleteness.
   3. The City of Muscatine’s 150-day timeframe for review does not toll if the City requests information regarding any of the considerations the City may not consider as described in Section 10-30-3(F).
   4. Following a supplemental submission, the City of Muscatine will notify the Applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph this chapter. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
   5. The City of Muscatine shall make its final decision to approve or disapprove the Application in writing within the timeframe.
7. Failure to Act. In the event the City of Muscatine fails to approve or deny a request seeking approval under this Section 10-30-6 within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

1. Application. For those Applications identified by Applicant and determined by the City of Muscatine to be for the Initial Placement or Installation of Transmission Equipment on Wireless Support Structures, modification of an existing Tower or existing Base Station that constitutes a Substantial Change, or other requests for construction or placement of Transmission Equipment that do not constitute an Eligible Facilities Request, the Applicant shall submit the necessary copies and attachments of the Application to the Community Development Department and comply with applicable local ordinances concerning land use or regulations concerning land use and zoning and the appropriate local permitting processes.
   1. Applications for the Initial Placement or Installation of Transmission Equipment on Existing Wireless Support Structures shall be allowed as a permitted use in any zoning district, subject to the following:
      1. Transmission equipment may be installed on approved towers subject to all applicable provisions of this Chapter.
      2. Transmission equipment may be mounted on structures, including, but not limited to, buildings, traffic signals, streetlights, water towers, billboards, telephone and emergency signal poles, bridges, and parking deck structures, in any zoning district; however, no transmission equipment may occupy, encroach, or overhang any public right of way without express approval of the City Council.
      3. Each transmission equipment and/or base station installation shall require a separate building permit.
   2. Applications for modification of an existing Tower or existing Base Station that constitute a Substantial Change, or other requests for construction or placement of Transmission Equipment that do not constitute Eligible Facilities Requests, require a conditional use permit as provided in section 10-30-9 if any of the following are met:
      1. If the highest point of the transmission equipment and/or base stations that it is being installed is not more than 25 feet above the highest point of the existing smoke stack, water tower, or other structure.
      2. Transmission equipment and/or base stations arrays exceed the maximum height requirement of the zoning district in which they are located.
2. Timeframe for Review. Within 90 days of the date on which an Applicant submits an Application seeking approval to construct a new Tower, the City of Muscatine shall approve or deny the Application unless, another date is specified in a written agreement between the City of Muscatine and the Applicant. The Community Development Department shall review the Application for conformity with applicable local zoning regulations, building permit requirements, and consistency with Iowa Code Chapter 8C.
3. Tolling of the Timeframe for Review. The 90-day review period begins to run when the Application is filed, and may be tolled only by mutual agreement by the City of Muscatine and the Applicant, or in cases where the City of Muscatine determines that the Application is incomplete. The City shall review the Application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. The timeframe for review is not tolled by a moratorium on the review of Applications.
   1. To toll the timeframe for incompleteness, the City of Muscatine must provide written notice to the Applicant within 30 days of receipt of the Application, specifically delineating all missing documents or information required in the Application and the City’s timeframe to review is tolled beginning the date the notice is sent.
   2. The City of Muscatine’s timeframe of 90 days for review begins running again when the Applicant makes a supplemental submission in response to City’s notice of incompleteness.
   3. The City of Muscatine’s 90-day timeframe for review does not toll if the City requests information regarding any of the considerations the City may not consider as described in Section 10-30-3(F).
   4. Following a supplemental submission, the City of Muscatine will notify the Applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified this Chapter. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
   5. The City of Muscatine shall make its final decision to approve or disapprove the Application in writing within the timeframe.
4. Failure to Act. In the event the City of Muscatine fails to approve or deny a request seeking approval under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted.

1. Leasing of City Owned or Controlled Property. The City of Muscatine reserves all rights to leasing of City owned or controlled property but shall offer the market rate value for use of the property.
2. Lease Term. Leases shall be for no less than twenty years, but all or a portion of the property may be subject to release for public purposes after fifteen years.
3. Appraisal Process for Market Value Determination. If the City and Applicant cannot agree on the market rate for a lease on real property or structures owned by the City, the City shall follow the process in Iowa Code 8C.6.

Notwithstanding any provision to the contrary, the City of Muscatine shall not mandate, require, or regulate the installation, location, or use of Transmission Equipment on a Utility Pole.

Applicants seeking approval of a new communication tower, installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute eligible facilities requests, which require a conditional use permit as provided in this Chapter, must submit an application which includes the following:

1. Qualification as an applicant and statement of compliance. A copy of the FCC license for the wireless communication facility and a signed statement from the owner or operator of said facility attesting that it will comply with FCC regulations.
2. Affidavits showing conformance with all Federal Aviation Administration lighting and marking requirements.
3. A certificate, report or plan stamped by an Iowa licensed, professional engineer that indicates the equipment and tower will be in compliance with applicable building code requirements.
4. Elevation drawings of the proposed facility, and any other proposed structures, showing height above ground level.
5. Information necessary to show that all applicable landscaping, screening, and other requirements set forth in section 10-30-10 are to be met.
6. The longitude and latitude of the location of the proposed communication tower specifying the latest North American Datum coordinate system, as well as, site address or location.
7. The mean sea level (MSL) elevation of the site where the proposed communication tower is to be located, as well as, the wireless communication tower height and overall structure elevation.
8. For applicants seeking to install a new communications tower, an explanation regarding the reason for choosing the proposed location and the reason the applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by the applicant to meet the applicant’s radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the applicant.

All new communication towers that did not exist at the time of the application shall comply with, and are subject to, all the following regulations.

1. Collocation. New communication towers must demonstrate compliance with the following standards in this section.
   1. A tower must be designed and constructed to accommodate collocation of additional communication antennas or providers when technically feasible and not in conflict with the height limitations in this section.
   2. New towers with a height greater than 80 feet shall be designed to accommodate both the applicant’s antenna and comparable antenna for at least one additional user.
2. Height and Setback Requirements.
   1. No tower shall exceed a height of 150 feet above grade, without approval by City Council.
   2. The height and setback requirement for towers contained within this Chapter, supersede all other height and setback requirements contained within this Title.
   3. A tower shall be setback from each lot line at least one foot for each foot of additional height above the height limit otherwise permitted in the zoning district in which the structure is located. The additional one foot above the zoning district height maximum is in addition to the normal building setback of the zoning district in which the proposed tower is to be located in.
   4. A tower shall be set back 300 feet from the nearest residence.
3. Fencing.
   1. Towers shall be enclosed by a security fence not less than six feet in height, and the communication tower accessory structure shall be constructed in a manner that reasonably prevents unauthorized personnel from climbing the tower.
   2. Nothing herein shall prevent security fencing which is necessary to meet other state or federal requirements.
4. Lighting and Markings. Towers shall not be illuminated unless required to conform to FAA or other governmental regulations.
5. Landscaping.
   1. Support facilities and tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet and 75% opacity within three growing seasons.
   2. In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the Site Plan Review Committee.
   3. Existing mature tree growth and natural landforms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the Site Plan Review Committee.
6. Airport. All towers will comply with all applicable regulation contained within Title 10, Chapter 19 Airport District, Federal Aviation Administration Regulations, and all other applicable state and federal regulations.
7. Removal of Abandoned Wireless Communication Facilities.
   1. Any wireless communication facility that is not operated for a continuous period of twelve months is considered abandoned, and the facility owner shall remove all portions of the facility within 90 days. If the abandoned wireless communication facility is not removed within 90 days, the City of Muscatine may, after 30 days’ notice to the wireless communication facility owner, remove it and recover all costs from the facility owner, including all attorney’s fees and court costs that may arise while collecting these costs.
   2. If the owner of an abandoned wireless communication facility cannot be located or it is no longer in business, the requirements of Subsection 1 are the responsibility of the land-owner on whose property the facility is located.