Action by Administrator upon discontinued use.
In the event that all legally approved use of an antenna supporting structure or antenna has been discontinued for a period of at least 180 consecutive days, the Administrator shall make a preliminary determination of discontinuance and revocation of the development permit or CUP permit. In making such a determination, the Administrator may request documentation and/or affidavits from the property owner and/or the owner of the wireless facility as to the continued use of the facility.
Annual continued use report.
The property owner and owner/operator of the wireless facility shall file a consolidated annual report with the Administrator as to the continued use of the facility and provide updated contact information. Such report shall be due every 12 months on the anniversary of the granting of the wireless communication facility development permit or CUP permit. Failure on the part of a property owner or owner of the wireless facility to provide the annual report shall be presumptive evidence of discontinuance.
Notice of discontinuance and revocation.
At such time as the Administrator reasonably determines that an antenna supporting structure or antenna has been discontinued, the Administrator shall provide the property owner and owner/operator of the wireless facility with a written notice of discontinuance and revocation of the CUP by certified mail or hand-delivered, at the last and usual place of business or residence, and set the matter for a public hearing with the Planning Commission for the first available date no sooner than 30 days after the notice of discontinuation and revocation of the CUP was mailed.
Planning Commission hearing.
The Administrator shall establish at a public hearing by a preponderance of evidence that the subject facility has discontinued its operation by at least 180 consecutive days. Failure on the part of the property owner or owner/operator of the wireless facility to respond to the notice of discontinuance and revocation of the CUP, or to dispute discontinuance of its operation, will be evidence of discontinuance.
Planning Commission final determination; written decision.
Based on the foregoing, or on any other relevant evidence submitted, or on testimony presented during the hearing including failure to respond, the Planning Commission shall make a final written determination on the issue of whether discontinuance of the operation by at least 180 consecutive days has occurred.
1. Such determination the Planning Commission shall be supported by written findings and conclusions and shall be based on a preponderance of the evidence.
2. If the Planning Commission determines that the use of the wireless communication facility has been discontinued, it shall issue a development order revoking the development order or CUP upon such reasonable terms as the Planning Commission in its quasi-judicial capacity shall determine.
3. The development order shall be served upon the property owner and the owner/operator of the wireless facility by certified mail return receipt requested, or by hand-delivery at the last and usual place of business or residence.
4. If the Planning Commission determines after hearing that the use of the wireless communication facility has not been discontinued, it shall issue and serve a written decision to that effect pursuant to the procedures described herein.
5. In the event of a finding of non-discontinuance, the wireless communication facility can continue to operate and shall file appropriate papers with the Administrator that provides contact information, the scope of its intended operation and such other information necessary to its operation and permitting by the County required by the Administrator.
Removal of facility.
Unless the written decision of the Planning Commission is timely appealed pursuant to Section
4.5.4 of this Code, within 120 days of a determination of discontinuance, the property owner or facility owner/operator shall either:
1. Reactivate the use of the structure as a wireless communication facility under a timetable and conditions set by the Planning Commission;
2. Transfer ownership of the structure to a successor owner who will make appropriate use of the facility pursuant to the terms of the CUP or applicable development order; or
3. If neither paragraphs 1 or 2 of this subsection has occurred, the Administrator may, upon 10 days’ written notice to the property owner and the owner/operator of the wireless facility, enter upon the property and dismantle and remove the facility, with all costs subject to reimbursement jointly and severally by the property owner and the owner/operator.
