16.10.210 Nonuse and abandonment.
A. Notwithstanding the emergency powers of the city, the planning director may require removal of a tall structure under the following circumstances, which are deemed detrimental to the health, safety, and welfare interests of the city:
1. Tall structures with a permit that have not been used as a tall structure for a period exceeding sixty (60) consecutive days or a total of one hundred eighty (180) calendar days in any three-hundred-sixty-five- (365-) day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within ninety (90) calendar days.
2. Permitted tall structures that have fallen into such a state of disrepair that they create a public health or safety hazard, which shall be deemed a nuisance per se.
3. Tall structures that have been located, constructed or modified without first obtaining all permits required by law, or that have been located, constructed or modified in a manner inconsistent with the applicable permit requirements, which shall be deemed a nuisance per se.
B. If the planning director makes such a determination as noted in subsection A of this section, the planning director shall notify the permittee in writing that said tall structure is to be removed. Notification shall be deemed completed when notice is mailed, certified mail, return receipt, to the last known address on file.
C. Within ninety (90) days of the postmarked date of the planning director’s notice, the permittee, or its successors or assigns, at its sole expense, shall dismantle and remove such tall structure (and all associated structures and facilities) from the site and restore the site as close to its original condition as is possible. Restoration being limited only by physical or commercial impracticability proven to the satisfaction of the planning director.
D. If the tall structure owner cannot be found, the landowner will be notified and will become responsible for removal of the unused structures.
E. If the tall structure is not removed within ninety (90) days after the permit holder and/or landowner have received notice, the city may remove or cause to be removed the tall structure at the sole expense of the owner, permit holder and landowner.
F. Notwithstanding anything in this section to the contrary, the planning director may approve a temporary use permit/agreement for the tall structure, for no more than ninety (90) calendar days, during which time a suitable plan for removal, conversion or relocation of the affected tall structure shall be developed by permit holder or owner, subject to the approval of the planning director. If such a plan is not developed, approved and executed within the ninety- (90-) day time period, then the city may take possession of and dispose of the affected tall structure in the manner provided in this section. [Ord. 15-27 § 3.]