§ 70-68. Documentation or deposit for removal.

(a)

Prior to receiving a building permit for construction of the communication tower, if the applicant does not provide a recorded memorandum of lease of colocation, the applicant shall provide either of the following:

(1)

Sufficient documentation to the planning director to demonstrate that an adequate methodology or sufficient funds are dedicated to and available for removal of the tower structure upon abandonment (by way of example and not limitation, sufficient documentation would include evidence that the tower owner has the obligation under the governing lease to dismantle and remove the tower upon abandonment); or

(2)

For placement into a communication tower removal account established with the city finance director the adequate amount of an irrevocable cash deposit to cover the cost of removal of the tower. The city shall be entitled to use the funds deposited into such account for the necessary removal of any communication tower within the city limits. The adequate amount shall be $30.00 per foot of height for monopole towers and $100.00 per foot of height for lattice or guyed towers. In no event shall any one service provider be required to place more than $30,000.00 into the account for the cumulative number of towers under its control and located within the city.

(b)

Notwithstanding any contracts between the owner of the communication tower and the owner of the real property on which a communication tower is located, the owner of the communication tower shall be responsible for all costs of dismantling and removal. If an abandoned tower is not dismantled and removed within the time required, the city may proceed with the dismantling and removal and assess the costs thereof against the owner of the communication tower in the form of a fine, and such fine shall bear interest at the prevailing statutory rate. If the owner of the communication tower is financially insolvent, the owner of the real property on which a communication tower is situated shall be ultimately responsible for all costs of dismantling and removal, and if the abandoned tower is not dismantled and removed within the time required the city may proceed with the dismantling and removal and assess the costs thereof against the real property. The lien of such assessment shall bear statutory interest, shall have priority and shall be collectable at the same rate and in like manner as provided for special assessments under state law.

(Ord. No. 97-31, § 1 (29-21), 9-11-97)