§ 20.33.110. Abandonment—Facilities out of compliance.

1.

Financial Surety. Prior to the issuance of a building permit authorizing installation of a WCF/antenna support structure, the applicant shall provide a demolition surety in a form and amount deemed by the approval authority to be sufficient to remove and dispose of the WCF/antenna support structure and restore the site to its approximate original condition. The county shall draw upon this surety in the event the responsible party fails to act in accordance with the provisions of this section within one hundred and eighty days of termination of operations, or upon determination by the county that the facility is unsafe, has been abandoned, or is in violation of this chapter. The surety shall remain in effect until the WCF/antenna support structure is removed.

2.

Notice of Abandonment and Site Restoration. No less than thirty days prior to the date that a WCF/communication provider plans to abandon or discontinue operation of a facility, the provider must notify the county by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that more than one wireless communication service provider is using the antenna support structure, the structure shall not be considered abandoned until all such users cease use. In the event that a provider fails to give notice, the facility shall be considered abandoned upon the county's discovery of discontinuation of operation.

3.

Abandonment. Any WCF/antenna support structure that ceases to perform the normal functions associated with the facility on a continuous basis for a period of six consecutive months, facilities deemed by the county to be unsafe, or facilities in violation of this chapter shall be deemed abandoned. The compliance officer, who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator/service provider(s) regarding the structure's usage, shall make a determination as to the date of abandonment. Upon a determination of abandonment and notice thereof to the owner/operator/service provider(s), the owner(s) and all others listed as responsible parties provided below, shall remove the WCF/antenna support structure and all associated facilities, and remediate the site within one hundred and eighty days of notice by the county, unless the county determines that the facilities must be removed in a shorter period to protect public safety. At the time of removal, the facility site shall be remediated to its approximate original condition such that all communication facility improvements that have ceased to be used are removed and the site is revegetated.

In the event that the responsible parties have failed to remove the WCF/antenna support structure and/or restore the facility site within the specified time period, the county may remove the WCF/antenna support structure and restore the site using any surety required by Section 20.33.110(1), and may thereafter initiate judicial proceedings against the responsible parties for any portion of the cost not covered by the surety.

4.

Utility Poles. When a utility pole sized to accommodate communication facilities no longer accommodates operating antennas, it shall be replaced with a utility pole of the same size as an adjacent pole or the section of pole that exceeds the height of the tallest adjacent utility pole shall be removed. Such action shall occur within one hundred and eighty days following the date the communication facility discontinued operation.

In the event that the utility lines and cables located on a utility pole accommodating WCF/antennas are required to be placed underground, the WCF/antennas and related equipment shall be removed or relocated as directed in the notice from the county. The county may allow continued use of the pole if the applicant demonstrates conclusively that no other location is available to accommodate a replacement antenna support structure in a less obtrusive manner and the pole will not interfere with utilities and any other proposed improvements.

5.

Expiration of Approval. County approval for the WCF/antenna support structure shall expire one hundred and eighty days following abandonment or immediately upon removal, whichever occurs earlier; or upon notice that the county deems the facility unsafe or in violation of this chapter, unless remedial action called for by the county is addressed to the county's satisfaction.

6.

Responsible Parties. The following are considered jointly and severally to be the responsible parties for removal of the antenna support structure, other communication facilities, and site remediation:

a.

The owner of the abandoned WCF/antenna support structure and, if different, the operator of the abandoned facilities.

b.

The owner of the land upon which the abandoned WCF/antenna support structure is located.

c.

The lessee, if any, of the land upon which the WCF/antenna support structure is located.

d.

The sublessee or sublessees, if any, of the land upon which the WCF/antenna support structure is located.

e.

Any communications service provider that by ceasing to utilize the WCF/antenna support structure or otherwise failing to operate any of its transmitters or antennas on the WCF/antenna support structure for which it leased space or purchased the right to space on the tower for its transmitters or antennas, and by such ceasing or failure to utilize the WCF/antenna support structure, in fact, caused the tower to become abandoned.

f.

Any person to whom, or entity to which, there has been transferred a license issued by the FCC and under which the WCF/antenna support structure owner/operator operated the facility.

g.

Any person or entity which has purchased all or a substantial portion of the assets of the WCF/antenna support structure owner/operator/service provider(s).

h.

Any entity which has merged with, or which has arisen or resulted from a merger with, the WCF/antenna support structure owner or operator or service provider(s).

i.

Any person or entity that acquired the owner or the operator of the abandoned WCF/antenna support structure.

j.

Any parent or subsidiary of any of the foregoing that happens to be a corporation.

k.

Any managing partner of any of the foregoing which happens to be a limited partnership.

l.

Any partner of any of the foregoing that happens to be a general partnership.

7.

Recording. The landowner's responsibility regarding removal of facilities pursuant to this section shall be recorded against the subject property with the Thurston County auditor's office.

(Ord. 13058 § 2 (part), 2003)