22.62.200 Abandonment and removal.
A. A WCF shall be removed by the facility owner within six months of the date it ceases to be operational or if the WCF falls into disrepair. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. Whenever a WCF ceases operation or falls into disrepair as provided in this section and as determined by either the designated official or the WCF provider, the entire WCF shall be removed, including but not limited to all antennas, antenna supports, feeder lines, equipment enclosures, equipment, conduit, and the concrete pad upon which the structure is located. The WCF provider may apply for an extension of time within those six months if resuming operation of the facility is expected. The director, at her/his sole discretion, may extend the time for a period not to exceed six months upon written request by the WCF provider.
B. Removal Upon Undergrounding. A WCF must be removed at no expense to the city if collocated on an electrical system facility or utility support structure that is subsequently undergrounded; provided, that equipment that needs to remain aerial to function shall be permitted to relocate to a new pole in accordance with MMC 22.62.190.
C. Abandonment. In the event that a WCF provider fails to give notice, the WCF shall be considered abandoned upon the city’s discovery of discontinuation of operation. Upon such abandonment, the WCF provider shall have sixty days or additional period of time determined in the reasonable discretion of the city within which to:
1. Reactivate the use of the WCF; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to collocate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the provider’s towers in the city or surrounding area then all of the towers within the city shall similarly be reduced in height.
3. Dismantle and remove WCF. If the WCF equipment and structure are not removed within the sixty-day time period or additional period of time allowed by the city, the city may remove such WCF equipment and structure at the provider’s expense. If there are two or more providers collocating on a facility, except as provided for in subsection (C)(2) of this section, this provision shall not become effective until all providers cease using the WCF.
4. At the earlier of sixty days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the WCF shall automatically expire. (Ord. 008/2022 § 4 (Exh. B))