§ 7.10.08. Removal of abandoned antenna support structures.

A.

At time of building permit the applicant shall enter into a contractually enforceable agreement with the county that requires the applicant or the owner of the antenna support structure to remove the antenna support structure upon its abandonment.

B.

In the event all legally approved use of any antenna support structure has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the code compliance director who shall have the right to request documentation and/or affidavits from the antenna support structure owner regarding the issue of antenna support structure usage.

C.

At such time as the code compliance director reasonably determines that an antenna support structure is abandoned, the code compliance director shall provide the antenna support structure owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within 60 days of receipt of such notice, shall constitute prima facie evidence that the antenna support structure has been abandoned.

D.

If the owner of the antenna support structure fails to respond or fails to demonstrate that the antenna support structure is not abandoned, the antenna support structure shall be considered abandoned and the owner of the antenna support structure shall have an additional 120 days within which to:

1.

Reactivate the use of the antenna support structure or transfer the antenna support structure to another owner who makes actual use of the antenna support structure within the 120 day period, or

2.

Dismantle and remove the antenna support structure. At the earlier of 121 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, any special exception approval for the antenna support structure shall automatically expire.

E.

Failure to reactivate use of or dismantle and remove an abandoned antenna support structure in accord with the provisions above, whether such structure was constructed prior to or subsequent to the effective date of this article, shall be a violation of the Code of Ordinances of Okeechobee County, and shall subject the property owner and owner of the antenna support structure to fines and penalties as allowed by law.

(Ord. No. 99-09, § 1, 8-12-99)